Research Memorandum
Date: 24.06.2021
Re: Overview of offences under the NIA, 1881
Research Questions:
1. What are all the various types of offences punishable under the NIA, 1881?
2. What are the highest and lowest punishments prescribed?
3. What are the most commonly reported offences?
4. What are landmark judgements under the Negotiable Instruments Act?
Research Answers:
1. What are all the various types of offences punishable under the NIA, 1881?
Ans. Dishonor of cheques for insufficiency of funds in the accounts related:
Section 138 When the cheque is dishonored for
insufficiency of funds the one who is at
the defaulter. Such person is deemed to
have committed an offence.
Section 143 Empowers any court while trying an
offence for dishonor of a cheque to direct
the drawer, who is the issuer of the cheque
Section 145 Notwithstanding anything contained in
the of CrPC, the evidence of the
complainant may be given by him on
affidavit and may, subject to all just
exceptions be read in evidence in any
enquiry, trial or other proceeding under
the said Code.
2. What are the highest and lowest punishments prescribed?
Ans. Imprisonment: Under Sections 138 and 143
Lowest For section 143 a term which may extend
to one year.
Highest For section 138 a term which may extend
to two years or with both fine and
imprisonment.
Penalties/fine: Under Section 138 and 143
Lowest For section 143 an amount of fine not
exceeding five thousand rupees.
Highest For section 138 fine which may extend to
twice the amount of the cheque or with
