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No. Overdraft is a banking facility that is provided by many banks to their customers. The bank decides your overdraft limit and the limit depends on the following factors:

  1. The type of bank account you have
  2. Your history with the bank
  3. Your monthly salary
  4. Whether your salary gets credited to this account
  5. Can you provide collateral like Fixed Deposit or Gold etc.?

The chances of getting an overdraft are significantly higher for people having a salary account and even higher for people who can provide collateral.

It is perfectly legal to get an overdraft facility and you cannot be jailed for getting it. However, if you don't repay the money you utilized as part of the overdraft you can be jailed for it.

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Q: Can you go to jail for overdrafting your bank account?
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Overdrafting in itself is not a crime. It's only you failing to stick to what you agreed with the bank. For this - not doing as agreed, they will charge you extra. Then that's the end of that. What is a crime though is not to pay what you owe. Thing is, you're even less likely to pay what you owe if you're in prison. Harder to make any money there. So a bank will try a lot of things to get their money back first, before trying to send you to jail. They'll only go for the jail option when it's obvious that you won't/can't pay. And what you get sent down for isn't the overdraft as such, it's that you've not payed it. It would be exactly the same as any other debt where you haven't kept up with the payments.


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