Part -1: Banking Offence And Punishment Act 2064 In Nepali PDF Notes

Banking Offence and Punishment Act 2064 in Nepali PDF Notes : If you’re a law student, banking students, legal professional, or someone working in Nepal’s financial sector, understanding the Banking Offence and Punishment Act, 2064 (2008 AD) is essential. This act was introduced to regulate and criminalize banking malpractices that jeopardize financial stability. In this blog post, we’ll cover the first part of the Act in detail—its background, objectives, key features, and what constitutes a banking offence.

Published for banking loksewa students, legal professionals, and finance workers in Nepal

Table of Contents

Enactment and Amendments

Date of Enactment: 2064/10/23 B.S. (February 6, 2008)
First Amendment: 2073/06/18 B.S.
Second Amendment: 2082/01/24 B.S.
Chapters: 5
Sections: 29
Schedule: None

Chapters Overview

Preliminary
Provisions Related to Banking Offences
Punishment Provisions
Case Proceedings and Settlement
Miscellaneous

What is a Banking Offence?

A banking offence includes illegal or unauthorized actions that damage the financial system or misuse banking tools. It covers banks, cooperatives, insurance companies, and capital markets.

Financially motivated crimes often rooted in greed.
Can be committed by bank staff or external parties.
Includes unauthorized account handling, forged documents, and fraudulent transactions.
Defined in Chapter 2, Sections 3 to 14K.

Objectives of the BOPA 2064

Reduce risk and negative impact from banking crimes.
Build trust in financial institutions.
Criminalize banking misconduct and provide penalties.
Protect interests of depositors and investors.
Promote transparency and good governance in financial systems.

Key Provisions and Features

Defines specific banking crimes and penalties.
Applies to offences abroad and to absconders.
Allows arrest, detention, and asset seizure during investigations.
12-year imprisonment and fine equal to the loss.
Special rules for high-level bank officials and repeat offenders.
Provisions for cooperation-based leniency.
Statute of limitations: complaint within 1 year, case within 6 months.

List of Banking Offences

S.N.	Section	Offence Description
1	3	Unauthorized account creation or payment request
2	3A	Issuing checks without sufficient balance
3	5	Unauthorized withdrawals or payments
4	6	Misuse of electronic transactions
5	7	Unauthorized lending or borrowing
6	8	Loan misuse
7	9	Misuse of banking resources and assets
8	10	Withdrawals or assets by bad debtors
9	11	Halting projects by stopping loans
10	12	Forgery or falsification of documents
11	12A	Fraudulent transactions or fake documents
12	13	False asset valuations or financial reports
13	14	Irregular financial transactions
14	14A	Unauthorized treasury operations
15	14K	Cooperative banking without NRB approval

Download the BOPA 2064 Notes in Nepali

Conclusion

The Banking Offence and Punishment Act, 2064 is a foundational law to protect Nepal’s financial sector from fraud and misconduct. In Part 2 of this series, we’ll explore specific penalties and real-life cases related to these offences. If you found this blog post helpful, share it with others or check out the next part in the series.