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Loans / Basics: who regulates what
Topic 01 of 19

Basics: who regulates what

Law as on 2026-10-29 Next review 2027-04-29 Applies to banks · NBFCs · HFCs · co-operative banks · digital lenders · all REs

Indian lending law is not one statute. It is a stack: a central bank with wide directive powers, a general banking law, specialised recovery laws for secured and institutional debt, a separate insolvency code, consumer and contract law running underneath all of it, and state law for anything touching land. Which layer applies to your loan depends on three things — who lent the money, what kind of security (if any) was taken, and whether you borrowed as an individual or for a business. This section explains the regulatory map before the rest of the Loans section gets into specific situations such as recovery, settlement, or going to court.

What this topic covers

Why this matters before anything else

A recovery notice, a settlement offer or a court filing only makes sense once you know which regulator and which statute is actually in play. A co-operative bank is not regulated the same way as a scheduled commercial bank. A digital lending app may not be a "lender" that RBI directly regulates at all — it may only be a technology front for one. SARFAESI applies to secured debt from a notified class of lenders; an unsecured personal loan from a small NBFC may sit entirely outside it. Getting this wrong is the single most common reason borrowers (and sometimes junior bank staff) misjudge what can and cannot legally happen next.

Sources

  1. Reserve Bank of India, "About Us" and regulatory structure pages, rbi.org.in, accessed 29 October 2026.
  2. India Code, Reserve Bank of India Act, 1934, indiacode.nic.in, accessed 29 October 2026.