Section 92: Discharge order

Insolvency and Bankruptcy Code, 2016 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2016

Legal Commentary & Landmark Judgments: Section 92

Section 92 governs the culmination of the Fresh Start Process, mandating the Adjudicating Authority to pass a formal Discharge Order discharging the debtor from all qualifying debts.

  • End-of-Process Filing by RP: The resolution professional shall submit a final report to the Adjudicating Authority at least seven days before the expiry of the 180-day moratorium.
  • Mandatory Discharge Order: The Adjudicating Authority shall pass a discharge order at the end of the moratorium discharging the debtor from all qualifying debts specified in the admission order.
  • Release from Liability: The debtor is completely released from all liability in respect of the qualifying debts.
  • Exclusion of Excluded Debts: The discharge order does not discharge the debtor from any excluded debt or debts incurred through fraud.
Key Landmark Precedents:
  • Swiss Ribbons Pvt. Ltd. v. Union of India (2019) 4 SCC 17: The Supreme Court highlighted Section 92 as the transformative objective of the Fresh Start Process, providing honest and unfortunate debtors with a complete discharge to restart economic life with clean slate.
  • Dilip B. Jiwrajka v. Union of India (2024) 5 SCC 436: Affirmed that the discharge order under Section 92 permanently extinguishes civil and criminal liability for qualifying debts.
Courtroom Practice & Strategic Litigation Guidance:

Upon receiving the Section 92 discharge order, obtain certified copies and serve them on all qualifying creditors, credit bureaus (CIBIL, Experian), and police stations to permanently close all recovery and cheque bounce files.