Section 12(2) in The Insolvency and Bankruptcy Board of India (Inspection and Investigation) Regulations, 2017
(2)For the purposes of clause (e) of sub-regulation (1), the Board shall take into account, but not limited to, the following factors: -(a)the nature and seriousness of the alleged contraventions, including whether it was deliberate, reckless or negligent on the part of the notice;(b)the consequences and impact of the alleged contravention, including -(i)unfair advantage gained by the notice as a result of the alleged contravention;(ii)loss caused, or likely to be caused, to clients or any other person as a result of the alleged contravention; and(iii)the conduct of the notice after the occurrence of the alleged contravention, and prior to the alleged contraventions.
