Indian insolvency law | Updated October 2026

The Insolvency and Bankruptcy Code, 2016

Section-wise IBC reference, key legal definitions, corporate insolvency resolution, liquidation, personal guarantor proceedings and official updates under the 2026 amendment framework.

The Insolvency and Bankruptcy Code, 2016 (IBC) is India's principal framework for time-bound insolvency resolution and liquidation. It establishes processes for corporate debtors, certain individual debtors and personal guarantors, while regulating insolvency professionals and information utilities.

Current-law note: The Insolvency and Bankruptcy Code (Amendment) Act, 2026 was published on 6 April 2026, and the IBBI has issued commencement notifications and updated regulations. The operative text depends on the commencement of each amendment and the proceeding concerned. The section links below are retained from the original archive and may reproduce older versions; consult the official IBBI Acts register and legal framework updates before relying on a provision.

Important provisions and definitions under the IBC

Section 3 - General definitionsDefines terms used across the Code, including claim, creditor, debt, default and financial information.
Section 5 - Corporate insolvency definitionsDefines financial creditor, financial debt, operational creditor, operational debt and other terms for Part II.
Sections 7, 9 and 10 - Initiating CIRPProvide application routes for financial creditors, operational creditors and eligible corporate applicants, subject to statutory conditions.
Section 14 - MoratoriumProvides protection during CIRP against specified proceedings, enforcement and transfers, subject to exceptions.
Sections 21 and 30 - Creditors and plansConcern the committee of creditors and submission and consideration of resolution plans.
Section 31 - Approval of resolution planAddresses approval by the adjudicating authority and the binding effect of an approved plan.
Sections 33 and 53 - LiquidationGovern initiation of liquidation and the statutory distribution priority for liquidation proceeds.
Sections 60, 61 and 62 - Forums and appealsAddress NCLT jurisdiction, appeals to NCLAT and appeals to the Supreme Court on questions of law.
Sections 94 to 101 - Personal guarantorsProvide for individual insolvency applications, interim moratorium, professional review and adjudication where notified.
Section 238 - Overriding effectGives the Code overriding effect where there is inconsistency with other laws, subject to judicial interpretation.

How the corporate insolvency resolution process works

A corporate insolvency resolution process (CIRP) generally begins with an eligible application before the National Company Law Tribunal (NCLT). Admission may trigger a moratorium, public announcement, appointment of an interim resolution professional and constitution of a committee of creditors. The resolution professional invites and evaluates plans under the Code and applicable IBBI regulations. An approved resolution plan may revive the business; if resolution fails or liquidation is otherwise ordered, the statutory liquidation process follows.

The general CIRP period under Section 12 is 180 days, subject to the statutory extension and outer-limit framework, judicial interpretation and exclusions where applicable. The minimum default threshold for initiating corporate insolvency has been notified at INR 1 crore; special statutory conditions and current notifications should always be checked.

2026 legislative and regulatory updates

The IBBI Acts page lists the Insolvency and Bankruptcy Code (Amendment) Act, 2026. The IBBI legal framework register also records updated CIRP, liquidation, pre-packaged insolvency, voluntary liquidation and personal guarantor regulations during 2026. Readers should review the specific amendment, notification and consolidated regulation applicable to their case rather than assume all provisions commenced together.

Personal guarantor proceedings are not the same as a general, fully operational insolvency regime for every individual or partnership. Their application depends on the relevant commencement notifications and the category of debtor.

IBC 2016: Complete section-wise reference index

The original section-by-section article links are preserved below for research and navigation. These archive pages should be read alongside the current official statutory text and amendments.

Preliminary provisions (Sections 1-5)

Corporate insolvency resolution process (Sections 6-32)

Corporate liquidation and voluntary liquidation (Sections 33-59)

Corporate adjudication, appeals and offences (Sections 60-77)

Individuals, partnerships and personal guarantors (Sections 78-187)

IBBI, insolvency professionals and information utilities (Sections 188-223)

Miscellaneous, overriding effect and amendments (Sections 224-255)

This index is an educational reference, not a substitute for the operative Code, regulations, notifications or case-specific professional advice. Older archive titles may reflect original statutory language.