FRAUD REPORTING

When a fraud can be reported:

1. Amount of Fraud is more than One Crore Rupees and Above :

If an auditor of a company, in the course of the performance of his duties as statutory auditor,
has reason to believe that an offence of fraud, which involves or is expected to involve
individually an amount of rupees one crore or above, is being or has been committed
against the company by its officers or employees, the auditor shall report the matter to the
Central Government.
 Manner of Reporting of Fraud to Central Government: 
The auditor shall report the matter to the Central Government as under:-
(a) the auditor shall report the matter to the Board or the Audit Committee, as the case may
be, immediately but not later than two days of his knowledge of the fraud, seeking their reply
or observations within forty-five days;
(b) on receipt of such reply or observations, the auditor shall forward his report and the reply
or observations of the Board or the Audit Committee along with his comments (on such reply
or observations of the Board or the Audit Committee) to the Central Government within
fifteen days from the date of receipt of such reply or observations;
(c) in case the auditor fails to get any reply or observations from the Board or the Audit
Committee within the stipulated period of forty-five days, he shall forward his report to the
Central Government along with a note containing the details of his report that was earlier
forwarded to the Board or the Audit Committee for which he has not received any reply or
observations;

2. Amount of Fraud is less than One Crore Rupees :

In case of a fraud involving lesser than the Rs.1 Crore, the auditor shall report the matter to
Audit Committee constituted under section 177 of the Companies Act, 2013 or to the Board
immediately but not later than two days of his knowledge of the fraud and he shall report the
matter specifying the following:-
(a) Nature of Fraud with description;
(b) Approximate amount involved; and
(c) Parties involved.
 
 
OFFENCE OF FRAUD NON- COMPOUNDABLE
As the punishment for Fraud is both imprisonment and fine, it is considered a non-
compoundable offence. It shows that, the commission of Fraud has become a serious offence
in the eyes of law. The Act has provided punishment for fraud under section 447 and around
20 sections of the Act talk about fraud committed by the directors, key managerial personnel,
auditors and/or officers of company. Thus, the new Act goes beyond professional liability for
fraud and extends to personal liability, if a company contravenes such provisions. Here, the
contravention of the provisions of the Act with an intention to deceive are also considered as
fraud, to name a few acts amounting to fraud:
1. Furnishing of false information at the time of incorporation of company by promoters, first
directors or any other person – Sec 7(5)&(6)
2. Managing the affairs of the non-profit company fraudulently – Sec 8(11)
3. Misrepresenting any material information in prospectus – Sec 34
4. Inducing any person fraudulently to invest money – Sec 36
5. Making of applications for acquisition of any securities in fictitious names – Sec 38(1)
6. Issue of duplicate shares of company with intent to defraud or deceive – Sec 46(5)
7. Transfer of any shares by depository or depository participant with an intent to defraud,
deceive any person – Sec 56(7)
8. Concealment of name or misrepresenting the amount of claim knowingly of any creditor –
Sec 66(10)
9. Failure to repay deposit with intent to defraud depositor -Sec 75(1)
10. Furnishing of false statement, mutilation, destruction of secretarial documents – Sec 229
11. Conducting business to defraud its creditors, members or any other person – Sec 213
(proviso)