Penalty charges, also called penal charges, are additional amounts a lender may charge when a borrower does not meet the agreed terms of a loan, such as missing an EMI payment or delaying repayment beyond the due date. These charges are separate from the regular interest rate on the loan and are meant to encourage timely repayment rather than generate extra income for the lender. As per RBI rules effective from 1 April 2024, lenders must levy these as a fixed penal charge, not as penal interest added to the principal. The exact amount and conditions are mentioned in your loan agreement and Key Fact Statement (KFS).
Why do NBFCs and banks levy penalty charges
Lenders, including NBFCs and banks, add penalty charges to loan accounts for a few practical reasons:
- To encourage borrowers to make repayments on time and maintain credit discipline.
- To cover the administrative cost of following up on a missed or delayed payment.
- To offset the short term impact when expected funds are not received on schedule.
- To ensure fairness among borrowers, since timely repayers should not bear the cost of delays caused by others.
Under RBI guidelines, penalty charges are not meant to be a source of revenue for the lender. The charges must be reasonable and proportionate to the actual default, and lenders cannot use them to earn additional profit. This is different from how charges sometimes worked before April 2024, when penal interest could be added to the outstanding loan amount and compounded further.
RBI guidelines on penalty charges you should know
The Reserve Bank of India (RBI) issued updated guidelines on penal charges through its circular dated 18 August 2023, effective from 1 April 2024. Some of the key rules include:
| RBI rule | What it means |
|---|---|
| Penal charges, not penal interest | Lenders must levy a fixed penal charge for default, not a compounding penal interest rate added to the principal |
| No compounding | Interest cannot be charged on penal charges that have already been levied |
| Must be reasonable and proportionate | Charges should match the extent of default and cannot be used to earn extra revenue |
| Uniform structure | The penalty structure must stay the same for all borrowers within the same loan category, regardless of individual or business status |
| Upfront disclosure | The amount and reason for penalty charges must be clearly stated in the loan agreement and Key Fact Statement (KFS) |
| No fresh penalty on unpaid penalty | Lenders cannot charge an additional penalty on an already outstanding penalty amount |
| Effective date | These rules apply to all loans from 1 April 2024 onward |
These guidelines apply to all regulated entities, including NBFCs like Bajaj Finance, and are designed to bring more transparency and fairness to how penalty charges are levied.