Supreme Court rules that Banks fully liable for fraudulent withdrawals

In a landmark verdict, the Supreme Court has ruled that banks are fully liable if money is fraudulently
withdrawn from a customer’s account. The decision, delivered on 3rd January 2025 in the case of State Bank of India vs. Pallabh Bhowmik and Others, reinforces the accountability of financial institutions in safeguarding customer funds.


Banking expert Vidyadhar Anaskar emphasized that the ruling provides significant relief to account holders, affirming that banks cannot evade responsibility in cases of fraud. The verdict is expected to have a profound impact on banking operations and consumer protectionin the financial sector.
The court based its decision on Section 5 of the Banking Regulation Act, Section 10 of the Reserve Bank of India Act, and the Consumer Protection Act of 2019. The ruling mandates that banks must fully compensate customers for fraudulent withdrawals and ensure strict security measures to prevent such incidents.

During the hearing, the account holder argued that the bank had failed to fulfill its obligations by not implementing adequate fraud prevention measures. It was also alleged that the bank violated the Consumer Protection Act by neglecting its duty to protect customer funds. In response, the bank contended that it bore no negligence and that the customer’s failure to act promptly had contributed to the fraud.

However, the Supreme Court firmly held that the safety of customer deposits is not just a courtesy but a fundamental responsibility of banks. The judgment stressed that financial institutions must establish robust security systems to prevent fraud and cannot shift the burden onto customers under any circumstances.
This decision sets a critical precedent for the banking industry, reinforcing consumer rights and highlighting the necessity for stringent cybersecurity measures. Anaskar noted that this ruling will enhance public trust in banks and encourage financial institutions to adopt more effective fraud prevention mechanisms.
With this verdict, banks are expected to implement immediate and comprehensive security upgrades to protect customer accounts, ensuring better compliance with consumer protection laws and regulatory requirements.

Recent Changes in Nomination Rules

There have been recent changes to nomination rules for bank accounts, mutual funds, and demat accounts. 

Bank accounts 

  • The Banking Laws Amendment Act, 2024 allows up to four nominees to be named for a bank account.
  • The nomination can be made for deposits, safe custody, and safety lockers.
  • The nomination must specify the percentage of the deposit allocated to each nominee.
  • If the order of nomination is not specified, the nominees will be considered in the order of their names.

Mutual funds and demat accounts

  • The Securities and Exchange Board of India (SEBI) allows up to 10 nominees to be named for a mutual fund or demat account. 
  • The nomination must be made directly by the investor. 
  • The nominees can hold the assets jointly or open separate accounts. 
  • The investor must provide detailed information about their nominees, including their PAN number, driving license number, or Aadhaar number. 

These changes aim to improve services for depositors, nominees, and investors. They also help to reduce unclaimed assets and improve the management of investments.