Volume 1 Issue 2

Volume 1 Issue 2

To Decriminalize or to not Decriminalize - The Conundrum of Section 138 of The Negotiable Instrument Act, 1881

By Tarang Saraogi,
Student , NMIMS School of Law, Mumbai

Abstract

This paper seeks to analyse the proposal of the government to decriminalize section 138 of the Negotiable Instruments Act, 1881 in light of the ongoing circumstances. The proposal which though arises from the noblest of objectives that is firstly to boost India’s ranking in the ease of doing of business index and secondly to unclog the court system, which is already plagued with many litigation cases as in fact, roughly litigation cases pursuant to section 138 account for one- fifth of total cases in the Indian courts today, we can see inherent challenges in decriminalizing of the same section.

This paper delves into the reasoning and analysis as to why the attempt to decriminalize section 138 is not a step in the right direction as the section has been particularly well received by the business community as it provides credibility to the negotiable instruments and fosters trust and any attempt to decriminalization it will lead to major challenges for the trade and business communities. This paper will critically analyze and present extensive arguments in support of the statements above- mentioned in this paper.

Recommended Citations :

OSCOLA

Tarang Saraogi, ‘To Decriminalize or to not Decriminalize? The Conundrum of Section 138 of The Negotiable Instrument Act, 1881’, [2021] 2 IJBLS

https://intbusinesslaw.com/susceptibility-of-indigenous-tribes-development-of-expressions-of-folklore/

Bluebook 19th Ed.

Tarang Saraogi, To Decriminalize or to not Decriminalize? The Conundrum of Section 138 of The Negotiable Instrument Act, 1881, 1 IJBLS 2, 155-170 (2021)