Sections 91 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
The fresh start process ends in one of two ways. Either the order admitting the application is revoked under section 91, or the process runs its full period and the Adjudicating Authority passes a discharge order under section 92. Section 93 requires the resolution professional to follow the code of conduct throughout. This article reads the three sections as printed in the IBBI consolidated text of the Code amended up to 12 August 2021. A debtor who wants to understand what a discharge will and will not cover can start with a legal consultation.
The resolution professional may apply to revoke the admission order if the debtor has become ineligible, has not complied with the section 85(3) restrictions, or has acted mala fide and wilfully failed to comply. If the process runs on, the Adjudicating Authority passes a discharge order at the end of the moratorium period for the qualifying debts on the final list, and also discharges penalties, interest and other contractual sums on those debts running from the date of application to the date of the order. The order does not discharge other debts, other liabilities, or any other person.
Section 91: revocation of the admission order
Grounds (sub-section (1)). The resolution professional "may submit an application to the Adjudicating Authority seeking revocation of its order made under section 84" on these grounds:
| Clause | Ground |
|---|---|
| (a) | Due to any change in the financial circumstances of the debtor, the debtor is ineligible for a fresh start process |
| (b) | Non-compliance by the debtor of the restrictions imposed under sub-section (3) of section 85 |
| (c) | The debtor has acted in a mala fide manner and has wilfully failed to comply with the provisions of this Chapter |
The application is the professional's. A creditor who sees a breach cannot file under this section; the route is through the professional, or through an application for replacement under section 89. Our article on sections 88 to 90 covers the debtor's duties and the professional's power to seek directions.
Decision (sub-section (2)). "The Adjudicating Authority shall, within fourteen days of the receipt of the application under sub-section (1), may by order admit or reject the application."
Printing point: sub-section (2) combines "shall" and "may" in one sentence. It is quoted as printed. What can be read from it is that the Authority acts within fourteen days of receipt and does so "by order", admitting or rejecting.
Effect (sub-section (3)). "On passing of the order admitting the application referred to in sub-section (1), the moratorium and the fresh start process shall cease to have effect." Two things end together: the moratorium of section 85 and the process itself. The text does not say what happens to the debts on revocation.
Register (sub-section (4)). A copy of the order "shall be provided to the Board for the purpose of recording an entry in the register referred to in section 196".
Section 92: the discharge order
The final list (sub-section (1))
"The resolution professional shall prepare a final list of qualifying debts and submit such list to the Adjudicating Authority at least seven days before the moratorium period comes to an end." This list is built on the amounts accepted at admission and any amended list produced under section 86(7)(a); see our article on sections 86 and 87.
The order (sub-section (2))
"The Adjudicating Authority shall pass a discharge order at the end of the moratorium period for discharge of the debtor from the qualifying debts mentioned in the list under sub-section (1)." The moratorium period is the one described in section 85(4), which ceases at the end of one hundred and eighty days beginning with the date of admission; see our article on sections 84 and 85. The verb is "shall", and the order follows the list.
Related liabilities (sub-section (3))
"Without prejudice to the provisions of sub-section (2)", the Adjudicating Authority "shall discharge the debtor from the following liabilities":
| Clause | Liability | Period |
|---|---|---|
| (a) | Penalties in respect of the qualifying debts | From the date of application till the date of the discharge order |
| (b) | Interest, including penal interest, in respect of the qualifying debts | From the date of application till the date of the discharge order |
| (c) | Any other sums owed under any contract in respect of the qualifying debts | From the date of application till the date of the discharge order |
The period matters. The sums run from the date of the application, so what accrued before the application is part of the debt itself, which the qualifying-debt definition in section 79 already includes together with interest or any other sum due; see our article on excluded assets and the qualifying debt test under section 79.
What the discharge does not do (sub-sections (4) to (6))
- Sub-section (4): the discharge order "shall not discharge the debtor from any debt not included in sub-section (2) and from any liability not included under sub-section (3)". A debt that is not a qualifying debt on the final list stays.
- Sub-section (5): the order "shall be forwarded to the Board for the purpose of recording an entry in the register referred to in section 196".
- Sub-section (6): a discharge order under sub-section (2) "shall not discharge any other person from any liability in respect of the qualifying debts." A co-obligor, a surety or a joint debtor therefore remains liable to the creditor.
Example. Ritu Banerjee's fresh start application is admitted, and the final list shows three qualifying debts. Her brother had given a personal surety to one of the lenders. At the end of the moratorium the discharge order discharges Ritu from the three debts and from the penalties, interest and other contractual sums accruing from the date of her application. Under sub-section (6) the order does not discharge her brother from his liability on the surety to the lender. A student loan of hers, which is an excluded debt under section 79, is not a qualifying debt and stays outside the order.
Section 93: standard of conduct
Section 93 is a single sentence: "The resolution professional shall perform his functions and duties in compliance with the code of conduct provided under section 208." The code of conduct is the subject of our article on section 208. The same standard appears for the insolvency resolution process in section 120. The Insolvency and Bankruptcy Code (Amendment) Act, 2026 (No. 6 of 2026) amends section 208 (section 60 of that Act); this article does not explain that change.
No rules or regulations on the fresh start process are in the texts consulted, so no form or procedure for the final list or the discharge order is given.
The Amendment Act, 2026
The Amendment Act, 2026 does not amend sections 91, 92 or 93 as printed in the texts consulted. It does amend section 196 (section 59 of the Act), to which sections 91 and 92 refer for the register, and section 208, to which section 93 refers. The Amendment Act, 2026 comes into force on the date or dates the Central Government notifies; the notification is not in the texts consulted, so check whether those changes have been notified.
Amendments and notifications made after 12 August 2021, other than the Amendment Act, 2026, are not in the texts consulted and should be checked.
Need help understanding what a discharge covers?
A discharge order is limited to the qualifying debts on the final list and to the related liabilities in section 92(3). A legal consultation can help you check which of your debts are likely to fall inside, which fall outside, and what remains for any other person who is liable with you.
Key takeaways
- Only the resolution professional can apply for revocation under section 91, on three grounds.
- Revocation ends the moratorium and the fresh start process together.
- The final list must reach the Adjudicating Authority at least seven days before the moratorium ends.
- The discharge order covers qualifying debts on the list and penalties, interest and other contractual sums from the date of application to the date of the order.
- The order does not discharge other debts, other liabilities or any other person.
- The resolution professional is bound by the code of conduct under section 208.
Read next
- Sections 84 and 85: admission and the effect of admission
- Sections 88 to 90: duties of the debtor and directions
- Section 208: the code of conduct for insolvency professionals
- Section 80 and the fresh start process
Disclaimer: Based on the IBBI consolidated text of the Insolvency and Bankruptcy Code, 2016 amended up to 12 August 2021 and on the Insolvency and Bankruptcy Code (Amendment) Act, 2026 (No. 6 of 2026), which comes into force on the date or dates notified by the Central Government, as consulted on 2 October 2026. It explains the words of the statute only; commencement notifications, other amendments made after 12 August 2021, notified thresholds, the rules and IBBI regulations, and the way tribunals and courts apply these sections should be checked. This article is general information, not legal advice; check the official text before acting.