Section 21, 22 and 23 of Banning of Unregulated Deposit Schemes Act 2019

CHAPTER VI OFFENCES AND PUNISHMENTS

Section 21. Punishment for contravention of section 3

(1) Any deposit taker who solicits deposits in contravention of section 3 shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to five years and with fine which shall not be less than two lakh rupees but which may extend to ten lakh rupees.

(2) Any deposit taker who accepts deposits in contravention of section 3 shall be punishable with imprisonment for a term which shall not be less than two years but which may extend to seven years and with fine which shall not be less than three lakh rupees but which may extend to ten lakh rupees.

(3) Any deposit taker who accepts deposits in contravention of section 3 and fraudulently defaults in repayment of such deposits or in rendering any specified service, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to ten years and with fine which shall not be less than five lakh rupees but which may extend to twice the amount of aggregate funds collected from the subscribers, members or participants in the Unregulated Deposit Scheme.

Explanation.-For the purposes of this Act,-
(i) the expression "fraudulently" shall have the same meaning as assigned to it in section 25 of the Indian Penal Code (45 of 1860);

(ii) where the terms of the Deposit Scheme are entirely impracticable or unviable, the terms
shall be relevant facts showing an intention to defraud.

22. Punishment for contravention of section 4

Any deposit taker who contravenes the provisions of section 4 shall be punishable with imprisonment for a term which may extend to seven years, or with fine which shall not be less than five lakh rupees but which may extend to twenty-five crore rupees or three times the amount of profits made out of the fraudulent default referred to in said section, whichever is higher, or with both.

Section 23. Punishment for contravention of section 5

Any person who contravenes the provisions of section 5 shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to five years and with fine which may extend to ten lakh rupees.