Finance scandals: fix criminal liability

Summertime blues for Indian banks and IT services

sanjpandey

Sanjay Pandey | May 21, 2013



The month of May is very hot in most parts of India. This year, it has been unusually hot for the Indian banking and the IT services industry too. Leading Indian banks (ICICI Bank, HDFC Bank, AXIS Bank etc) exposed by Cobrapost have been accused of serious violations of norms. IT companies involved in card payment processing services (ElectraCard Services, Enstage Inc) have been in news for compromise of their systems leading to a $45 million theft from ATMs across 27 countries. This has raised alarm bells regarding adequacy of systemic controls in these industries. Their capability to prevent and respond to such incidents is under global scrutiny.

Preventing frauds and ensuring consumer protection has been the cornerstone of various policies mandated by RBI for the banks. They attempt to ensure that customers are correctly identified through ‘know your customer’ (KYC), the permanent account number (PAN) quoted is not fictitious and customer accounts are genuine. Compliance audits are conducted at regular intervals to make sure that these guidelines are followed.

Similarly, the IT industry, though it lacks any regulatory control, has been observing client-mandated policies. Certifications like ISO 27001 and PCI DSS are now quite normal for Indian IT companies, which provide IT services to clients.

In spite of these precautionary measures, violations are rampant. The problem lies in implementation and enforcement of established policies.

Implementation, more often than not, is mainly done for compliance purposes. Once the audits are over, normal ways of doing business returns.

Enforcements are weak. Punishments for violations, if any, in banking are mostly pecuniary in nature.  The IT industry, shockingly, doesn’t even face this minimal pecuniary threat as it is under no regulatory control. 

No wonder then that the banks named in the Cobrapost expose allegedly indulged in serious malpractices without any apparent fear. They violated KYC norms, used fictitious PAN cards and helped customers open fictitious NRO accounts. The IT services companies mentioned above, on the other hand, had their systems compromised by criminals for reported intercontinental theft using cloned debit cards of RAK Bank of Dubai and National Bank of Muscat. 

If this kind of scenario has to stop, our response to these incidents needs to be much stronger. It is common knowledge that if a person forges a signature or presents a false document for an anticipated gain, he is charged with forgery under the Indian penal code (IPC). In the present case, banks which have been found allegedly helping customers open fictitious accounts based on forged or false documents are yet to be similarly charged. 

Similarly, the Indian IT companies whose systems were compromised and led to hackers changing withdrawal limits on debit cards of banks, cannot be considered as unfortunate victims. They were entrusted the work of processing payments by these banks. It was for them to ensure safety and security of transactions. This trust reposed on these companies has been violated due to the alleged hacking of their systems. While the banks have gone on record stating that they will try every measure to recover the money, there is nothing which is being considered to fix the criminal responsibility of the companies involved in such a major cross-border crime.

Fortunately, in order to strengthen the response we don’t need to look far. Provisions of the IPC are sufficient to deal with forgery, cheating and criminal conspiracy. In case of any future event of a similar nature, penal sections of IPC can be applied. Along with this, shifting the burden of proof of innocence on the accused institutions or companies will make the response even more effective.

Hence, slight changes in the system along with effective enforcement will ensure that the Indian banking systems are not exposed and the IT services sector doesn’t face such credibility issues. Response to incidents which eventually lead to wrongful loss to somebody and wrongful gain to somebody else is a criminal offence and has to be dealt with as per the provisions of criminal law. Effective steps to establish criminal liability in these recent cases will make sure these industries don’t face such rough weather in future.

Comments

 

Other News

`Focus on infra, reforms, digital connectivity has created strong foundation for growth`

In a step towards the operationalisation of the Bharat Audyogik Vikas Yojana (BHAVYA), union minister of commerce & industry Piyush Goyal launched the BHAVYA Portal on Monday in New Delhi.   Addressing the gathering, Goyal said that the BHAVYA scheme will adopt a competit

Govt, RBI announce major reforms to attract FPI

The finance ministry on Friday announced a series of measures aimed at enhancing the ease of investment for individual Persons Resident Outside India (PROIs) and Foreign Portfolio Investors (FPIs), and to attract stable long-term foreign capital flows.   Building on the recent in

Lessons in climate adaption from world’s largest inhabited river island

Majuli Island, perched between the Brahmaputra River to the south and east, the Subansiri River to the west, and a branch of the Brahmaputra to the north, has been severely affected by recurrent flooding and intense riverbank erosion. Despite its global importance in acquiring UNESCO tentative status for

Careless whispers and the impossible trinity

Time can never mend, the careless whispers of …    As the RBI marches ahead, for the upcoming monetary policy meeting this June, whispers from the corridors echo around several policy options to defend the rupee – by deploying forex reserves, raising in

Bullet Train Project: Third mountain tunnel breakthrough achieved

A major engineering milestone has been achieved in the Mumbai–Ahmedabad Bullet Train Project with the successful breakthrough of the third mountain tunnel (MT-07) at Ambesari village in Dahanu Taluka of Palghar district, Maharashtra.   With this achievement, three mountain

Supreme Court gets five new judges

Five new judges were appointed to the Supreme Court of India on Monday. "Vide Notifications of even number dated 01.06.2026, in exercise of the powers conferred by clause (2) of Article 124 of the Constitution of India, the Hon’ble President of India is pleased to appoint (i) Shri





Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter