Banking Regulation Act, 1949 · Section guide
Section 47: Cognizance of offences
Reviewed by CA Nikhil Gupta · Last reviewed 18 September 2026
Section 47 — Cognizance of offences. Restricts cognizance of specified offences to a written complaint by an authorised RBI/NABARD officer and fixes the minimum. Criminal court level that may try them; ordinary private complaint routes do not substitute for the statutory gate.
Official statute linkedProvision-specific anatomyPractical case + evidence file
Statutory structure and provision map
This map is a provision-specific explanation, not a substitute for the exact statutory text.
Core statutory rule
Restricts cognizance of specified offences to a written complaint by an authorised RBI/NABARD officer and fixes the minimum criminal court level that may try them.
Condition / limitation
ordinary private complaint routes do not substitute for the statutory gate.
Source and effective-date control
Apply the wording of Section 47 that was in force on the event date; use the official Act and any applicable commencement/amending instrument linked on this page.
Professional application
Specify cognizance conditions, authorised complaints and competent court, with offence distinctions.
Evidence / working-paper checklist
- Section 47 evidence: the exact contravention and enabling provision.
- Section 47 evidence: show-cause/complaint and service evidence.
- Section 47 evidence: hearing submissions and adjudication/order.
- Section 47 evidence: payment/recovery/court record and continuing-default calculation.
Retain the event date and source version with the file so the conclusion remains reproducible after later amendments.
Common mistakes to avoid
- For Section 47, avoid calculating a penalty without first classifying the statutory contravention.
- For Section 47, avoid missing the hearing/payment/recovery sequence.
- For Section 47, avoid assuming a regulatory monetary penalty and a criminal complaint can always proceed in parallel.
Related sections inside the Act
Use these links to read Section 47 in its statutory sequence, especially where the provision imports definitions, approvals, appeals, penalties or winding-up consequences from neighbouring sections.
Current-law source control
Source control: Section 47 is anchored to the official DFS consolidated text; later changes require separate Gazette verification.
Dated matters: verify any later Gazette, RBI direction or binding judgment affecting Section 47 on the event date.
Primary official sources
Disclaimer
This Finin2min page is an educational and professional reference. Banking regulation is fact-, entity- and date-sensitive. Verify the current Act, Gazette amendments and commencement notifications, applicable RBI Rules/directions and the transaction record before acting or filing.