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Fraudulent EBT Compensation from January 2027: Gross-Loss Eligibility, the 85% Formula and Later Rec

Fraudulent EBT Compensation from January 2027: Gross-Loss Eligibility, the 85% Formula and Later Recoveries

RBI’s issued June 2026 amendment applies to transactions on or after 1 January 2027. Its temporary small-value mechanism tests gross loss up to ₹50,000, then compensates eligible victims at 85% of net loss subject to ₹25,000, with lifetime and reporting conditions.

Reviewed by CA BB Gupta · Chartered Accountant & Company Secretary | 45+ years in corporate matters

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Issued now, applicable to transactions from 1 January 2027

The 24 June 2026 Commercial Banks Responsible Business Conduct Third Amendment Directions apply to electronic banking transactions undertaken on or after 1 January 2027. As checked on 25 October 2026, their new small-value compensation formula is a future-applicable instruction, not a present entitlement for an October 2026 transaction. Earlier transactions require their applicable framework, including the earlier customer-protection instructions and subsequent relevant consolidation.

Eligibility is not simply loss below the cap

The amendment’s bank population excludes Small Finance Banks, Payments Banks, Regional Rural Banks and Local Area Banks; do not apply this particular instrument to every institution. Paragraph 76T covers a bona fide individual victim, including a sole proprietor, with complaint-related gross loss up to ₹50,000 in the customer-negligence category under paragraph 76N. It is not a compensation scheme for every company or every disputed payment.

The victim must report to both the bank and the National Cyber Crime Reporting Portal or the specified national cybercrime helpline within five calendar days of occurrence. Bona fides must be established under the bank’s process. Compensation is available once during the individual’s lifetime. Joint-account claims use one holder’s entitlement and affect that holder’s later single-account eligibility, and vice versa. Paragraph 76U limits the mechanism to losses on transactions occurring within its specified one-year window from effectiveness; it is not a permanent annual allowance.

Calculate in the right order

First test gross loss eligibility. Then subtract recoveries to determine net loss and apply the lower of 85% of that net amount and ₹25,000. Recoveries before or after payment matter. A loss above ₹50,000 does not become eligible merely because later recovery reduces its net amount below that figure. The small-value formula does not replace independent zero-liability entitlements for qualifying bank negligence or qualifying third-party breaches.

If recovery follows compensation, the bank recalculates compensation on revised net loss and adjusts the additional recovered amount payable to the customer for any excess compensation already paid. Keep principal recovery and compensation as distinct ledger columns. Otherwise the customer may be credited more than the original loss, or money legitimately due may be withheld. The illustrations assume all non-numerical conditions, the applicable transaction window and customer-negligence classification are established; they do not determine fraud or negligence from a short narrative.

Evidence and application timing

The amendment requires the bank to examine the complaint and, when satisfied of the eligible bona fide case, provide the Annex II(1) application. Payment under the mechanism is within five calendar days of receipt of that application. Do not replace that trigger with the original fraud-report date. The instrument separately provides complaint-response limits of 45 calendar days for domestic and 60 for cross-border fraudulent transactions. Retain occurrence, reporting, examination, application and payment dates separately.

Six worked illustrations

All facts and amounts below are fictional. Assumptions describe the model, not additional statutory rules.

Illustrative example 1: Recovery before compensation

Eligible gross loss is ₹30,000 and recovery already credited is ₹10,000. Net loss is ₹20,000; 85% is ₹17,000, below the ₹25,000 cap. Compensation is ₹17,000 and unreimbursed loss after both credits is ₹3,000.

Illustrative example 2: Cap at the gross-loss boundary

Eligible gross loss is ₹50,000 with no recovery. Thus 85% of the ₹50,000 net loss is ₹42,500. The cap reduces compensation to ₹25,000, leaving ₹25,000 unreimbursed. Gross loss exactly ₹50,000 meets the numerical eligibility ceiling.

Illustrative example 3: Gross loss cannot be replaced by net loss

Gross loss is ₹50,001 and recovery ₹40,000. Net loss is ₹10,001, but gross loss exceeds the ₹50,000 screen by ₹1. The example does not qualify for paragraph 76T merely because net loss is small; other applicable rights remain separate.

Illustrative example 4: Recovery while compensation stays capped

An eligible ₹48,000 loss first receives ₹25,000 compensation. Later recovery is ₹8,000. Revised net loss is ₹40,000, and 85% is ₹34,000, still capped at ₹25,000. Additional recovery payable to the customer is ₹8,000 on these assumed facts.

Illustrative example 5: Recovery reduces the formula below the cap

An eligible ₹48,000 loss first receives ₹25,000 compensation. Recovery of ₹25,000 then reduces net loss to ₹23,000 and revised compensation to ₹19,550. Additional customer payment is ₹25,000 + ₹19,550 − ₹25,000 = ₹19,550; excess prior compensation of ₹5,450 is adjusted from recovery.

Illustrative example 6: Full recovery after compensation

Eligible gross loss ₹40,000 initially receives ₹25,000 compensation. Later recovery of the entire ₹40,000 reduces net loss and revised compensation to zero. The additional amount payable to the customer is ₹15,000; total customer credits become ₹40,000, not ₹65,000.

Ten-step verification table

StepActionEvidence
1Check transaction-date applicability.Occurrence date and effective-date analysis.
2Identify the regulated bank population.Bank category and applicable instrument.
3Classify the liability route.Bank examination and relevant paragraph.
4Verify individual and lifetime eligibility.Identity, prior-claim and joint-holder declarations.
5Test gross complaint loss up to ₹50,000.Complaint and transaction reconciliation.
6Verify both timely reporting paths.Bank and cybercrime acknowledgements.
7Reconcile all recoveries.Dated principal-recovery ledger.
8Apply 85% and the ₹25,000 cap.Independent net-loss calculation.
9Track the prescribed application and payment.Annex II(1), receipt and bank credit.
10Recalculate after later recovery.Revised entitlement and adjustment trail.

Sixteen practitioner FAQs

1. Does this mechanism apply to October 2026 transactions?

The amendment states applicability to transactions on or after 1 January 2027.

2. Is the ₹50,000 screen a net-loss test?

It is the gross complaint-loss screen described in paragraph 76T.

3. Does recovery make a ₹50,001 gross loss eligible automatically?

No. Do not substitute net loss for the gross eligibility condition.

4. Is compensation always ₹25,000?

No. It is the lower of 85% of net loss and ₹25,000, once eligibility is established.

5. Can a limited company use the individual-victim mechanism?

Do not extend the stated individual population to companies; sole proprietors are expressly included.

6. Is compensation available every financial year?

No. The individual entitlement is once during a lifetime.

7. Can a joint holder claim and later claim again as a sole holder?

The stated lifetime restriction operates across those capacities for the claiming holder.

8. Must reporting be made to the bank as well as the cybercrime channel?

Yes, the paragraph requires both within the stated five-calendar-day period.

9. Does this article decide whether sharing credentials was negligent?

No. Liability classification and bona fides require the bank’s fact-based examination.

10. Do the examples replace zero-liability rights?

No. Independent bank-negligence and third-party-breach provisions require their own analysis.

11. Does this direction cover every type of bank?

No. Its stated population excludes the separately identified bank categories.

12. Is the small-value mechanism permanent?

Paragraph 76U specifies a one-year transaction window from effectiveness.

13. What if recovery occurs after compensation?

Recompute on revised net loss and adjust excess compensation when distributing recovery.

14. Can customer credits exceed the original loss in these workings?

The recovery-adjustment examples prevent that double counting.

15. Does five-day payment run from the fraud report automatically?

Paragraph 76T(5) uses receipt of the compensation application; preserve the separate dates.

16. What should a reviewer retain?

Eligibility, occurrence/reporting dates, bank classification, application, recoveries and revised calculations.

Conclusion

RBI’s issued June 2026 amendment applies to transactions on or after 1 January 2027. Its temporary small-value mechanism tests gross loss up to ₹50,000, then compensates eligible victims at 85% of net loss subject to ₹25,000, with lifetime and reporting conditions.

Sources and primary references