A DECADE OF THE BENAMI TRANSACTIONS (PROHIBITION) AMENDMENT ACT, 2016 CRITICAL EVALUATION OF ITS EFFECTIVENESS IN INDIA
Mr. Sushrut Khadse, BBA LLB, 7th Semester, Student at Symbiosis Law School, Nagpur (India)
The Benami Transactions (Prohibition) Amendment Act, 2016 was enacted for strengthening Indian legal framework against Benami transactions which have been linked with black money, tax evasion, corruption. While the original Benami Transactions (Prohibition) Act,1988 prohibited such transactions but it lacked effective enforcement mechanisms and remained largely ineffective for 3 decades. The 2016 amendment introduced comprehensive definitions, specialized authorities, confiscation procedures, appellate mechanisms and strict penalties. This research evaluates the effectiveness of the Act during the decade from 2016 to 2026. It examines the evolution of benami law in India the enforcement measures adopted by the Government the role of specialized institutions and the impact of judicial interpretation on the implementation of the legislation. The study further analyses the contribution of technological initiatives such as Bhu Aadhaar and Aadhaar linked land records in improving transparency and preventing benami transactions. The findings indicate that the Act has significantly enhanced the Government’s ability to detect and attach benami property. However, challenges such as procedural delays, constitutional limitations, judicial scrutiny and the complex ownership structure continue to affect its overall effectiveness. The study concludes that although the Act has not completely eradicated benami transactions or black money, it has emerged as an important instrument for promoting financial transparency and accountability. Continued institutional reforms, technological integration and inter agency coordination’s are essential for achieving the full objectives of the legislation.
| 📄 Type | 🔍 Information |
|---|---|
| Research Paper | LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 2, Page 1575–1595. |
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| This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License . | © Authors, 2026. All rights reserved. |