The Bankers’ Books Evidence Act, 1891 is a foundational Indian law that facilitates the admissibility of bank records as legal evidence in courts and legal proceedings. It was enacted during the British era and remains relevant today, especially in commercial litigation, banking disputes, and financial fraud investigations.
📘 Overview: Bankers’ Books Evidence Act, 1891
🏛️ Objective:
To simplify the process of producing bank records in court by treating certified copies of entries in bank books as prima facie evidence, thus avoiding the need for producing original records.
🔑 Key Features:
1. Definition of "Bankers' Books" (Section 2)
Includes:
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Ledgers
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Day-books
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Cash books
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Account books
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Vouchers
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Any computerized or digital records used in the ordinary course of business
🔹 Amendment: The law has been updated to include electronic records under the Information Technology Act, 2000.
2. Admissibility of Evidence (Section 4)
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Certified copies of entries from bankers’ books are admissible as prima facie evidence in court.
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The original books do not need to be produced unless the court specifically requires them.
3. Certified Copy (Section 2(8))
A certified copy must:
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Be certified by the bank official in charge
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Include a declaration that the copy is true and made from the original books
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Mention the name and designation of the certifying officer
4. Protection of Bank’s Confidentiality
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The Act balances evidence with confidentiality: banks are not compelled to produce records unless the court is satisfied that the documents are necessary.
5. Applicability in Civil and Criminal Matters
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Frequently used in:
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Loan default cases
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Fraud investigations
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Cheque dishonour cases
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Insolvency proceedings
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⚖️ Judicial Interpretations
Courts have clarified that:
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Certified copies must be accurate and complete
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The Act does not override other evidentiary rules, but complements them
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The burden of proof still lies with the party relying on the certified copy
🛡️ Relevance Today
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Still widely used in banking litigation
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Compatible with electronic record-keeping systems
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Provides legal backing to digitally certified bank statements and logs
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