KSLU Corner™ New AIBE previous QP

Recent trends: e-banking, ATMs, internet and mobile banking, smart and credit cards, and their legal aspects

Banking Law · Unit V · Topic 21 of 21 · 6 min read

Automation and core banking, ATMs, internet and mobile banking, UPI and the electronic payment systems, smart cards and credit cards, expert systems, and the law that governs them: the IT Act, 2000, electronic cheques and bankers' books, the Payment and Settlement Systems Act, 2007, RBI's customer liability framework, data protection and the e-rupee.

On this page
  1. 1. Automation and new technology
  2. 2. Automated teller machines
  3. 3. Internet banking, mobile banking and electronic payments
  4. 4. Smart cards, debit cards and credit cards
  5. 5. Expert systems
  6. 6. Who bears the loss: the customer liability framework
  7. 7. Digital currency
  8. How this is examined
Cases checked to exist. Read the judgment before quoting a holding.

Every case cited here has been checked to exist — the citation resolves and names the right parties. The propositions attributed to each case have not been verified line by line against the judgment. Case names link through to the full judgment: read it before quoting a holding in an examination answer, and never carry a proposition from notes into court on trust.

The examinable core. Questions on “e-banking services” are easy to write badly, as a list of products. Marks come from the legal aspects: what law recognises an electronic instruction, who bears the loss when it is fraudulent, and which regulator controls the system. For each service, give the facility in two lines and the legal point in three.

1. Automation and new technology

From the 1980s, on the Rangarajan Committee's recommendations, banks moved from ledgers to computers; by the 2000s almost all branches were on core banking solutions, in which every branch works on one central database, so that a customer banks with the bank, not with a branch. The legal consequences:

2. Automated teller machines

ATMs dispense cash, show balances and take deposits round the clock, using a card and a PIN. Interoperable networks let a customer use any bank's ATM. Legal points:

3. Internet banking, mobile banking and electronic payments

4. Smart cards, debit cards and credit cards

A smart card carries a microchip that stores data and can process transactions; bank cards in India must now be chip-and-PIN, which is much harder to clone than the magnetic strip. A debit card draws directly on the customer's account; a prepaid card on a preloaded value.

A credit card gives the holder a revolving line of credit: the issuing bank pays the merchant through the card network and recovers from the holder, who may pay in full within the interest-free period or roll over the balance at interest. Three contracts are involved: card holder and issuer, issuer (through the acquiring bank) and merchant, and the network rules. Legal points:

5. Expert systems

An expert system is software that applies the knowledge of specialists through rules or learning from data. Banks use such systems for credit scoring and loan appraisal, fraud and anti-money-laundering monitoring, chat assistants and investment advice. The legal questions are new: liability for an automated wrong decision, explaining a refusal of credit to the applicant, bias, and the processing of personal data, which now requires a lawful basis and safeguards under the Digital Personal Data Protection Act, 2023. Credit information used in scoring is governed by the Credit Information Companies (Regulation) Act, 2005.

6. Who bears the loss: the customer liability framework

The RBI's 2017 directions on limiting customer liability in unauthorised electronic banking transactions answer the most common legal question:

Beyond this, s.43A of the IT Act makes a body corporate that fails to maintain reasonable security practices for sensitive personal data liable to pay compensation, s.72A punishes disclosure of personal information in breach of contract, and complaints go to the RBI Ombudsman or the Consumer Commissions (see the Unit III note on consumer protection).

7. Digital currency

The RBI Act was amended in 2022 so that bank notes may be issued in digital form (s.22A excludes the provisions on denominations and form for such notes); the RBI's e-rupee is legal tender like a paper note. Private virtual currencies are not legal tender. The RBI's 2018 ban on banks dealing with crypto businesses was set aside as disproportionate in Internet and Mobile Association of India v. Reserve Bank of India, 2020 INSC 264, (2020) 10 SCC 274, though the Court upheld the RBI's power to regulate such activity.

Trap. Do not treat UPI or NEFT failures under the Negotiable Instruments Act. An electronic funds transfer is not a cheque. Dishonour of an electronic mandate for want of funds is an offence under s.25 of the Payment and Settlement Systems Act, and disputes about failed or fraudulent transfers are decided under the RBI's directions, the Ombudsman Scheme and the IT Act.

How this is examined

“Explain various e-banking services” (January 2026), “Explain the various trends of e-banking services” (June 2025); short notes on “Mobile banking system” (January 2026), “Credit cards” (June 2025), “Internet banking” and “ATM” (August 2024). For the essay, take each service in turn with its legal aspect, then end on the liability framework and data protection. For a short note on credit cards, describe the three-party structure, the RBI rules, and liability for misuse.

Now try the real questions: Banking Law past question papers.