The Bankers’ Books Evidence Act, 1891 streamlines how banking records are proved in legal proceedings, making certified copies and authenticated printouts/e-records admissible as prima facie evidence without producing original ledgers in court.
Applicability and definitions
- The Act applies across India and amends evidentiary rules specifically for “bankers’ books,” enabling efficient proof of banking entries in courts and quasi-judicial proceedings.
- “Bankers’ books” covers ledgers, day books, cash books and other records kept in the ordinary course of banking; post-IT Act amendments extend this to computer records and electronic data/printouts subject to statutory conditions.
- “Bank,” “company,” and “corporation” include RBI, SBI and specified subsidiaries/body corporates; State Governments may, by notification, extend the Act to partnerships/individuals carrying on the business of banking.
Conditions in the printout
- Electronic records/printouts are admissible when statutory conditions are met, including certification about the manner of production, source and integrity of the electronic system as set out in section 2A and allied evidentiary requirements introduced by later amendments.
- The certification must accompany the printout and attest that it is a true copy produced from regularly used computers in the ordinary course of banking, maintained without improper alteration, satisfying the Act’s authenticity safeguards.
Mode of proof of entries
- A certified copy of any entry in a banker’s book is admissible as prima facie evidence of the entry and of the matters, transactions, and accounts it records, to the same extent as the original would be admissible, but not further.
- Certification substitutes production of originals, reducing disruption to banking operations while preserving evidentiary reliability through prescribed certification formalities.
When bank officers need not produce books
- No bank officer is compellable in proceedings where the bank is not a party to produce any banker’s book whose contents can be proved under the Act or to appear as a witness to prove recorded matters, unless a Court or Judge orders for special cause.
- This protection balances litigants’ evidentiary needs with banking confidentiality and business continuity, reserving compulsion for exceptional, judicially scrutinized circumstances.
Court‑ordered inspection of books
- On application, a Court or Judge may allow a party to inspect and take copies of entries or direct the bank to prepare and produce certified copies with an additional certificate that no other relevant entries exist for the issues in the proceeding, within a specified time
- Orders under sections 5 or 6 may be made with or without summoning the bank, typically served three days in advance excluding bank holidays, and banks may offer to produce books at trial or show cause against enforcement before the compliance deadline.
Costs of application
- Courts have discretion to order costs related to applications for inspection or certified copies, aligning expenses with the equities of the case and deterring unnecessary burdens on banks.
Practical takeaways
- Use certified copies: Prefer producing certified copies or authenticated printouts meeting section 2A conditions to establish entries efficiently as prima facie evidence.
- Reserve originals: Originals are generally unnecessary unless the court specifically requires them for special cause or to resolve authenticity disputes.
- Plan for electronic evidence: Ensure robust system logs, integrity controls, and ready templates for certificates to meet electronic printout conditions seamlessly.
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