BANKERS' BOOKS EVIDENCE ACT, 1891 [Act, No. 18 of 1891] [1st October, 1891] PREAMBLE An Act to amend the Law of Evidence with respect to Bankers' Books. WHEREAS, it is expedient to amend the Law of Evidence with respect to Bankers' Books, it is hereby enacted as follows: -
View Complete Act List Judgments citing this section(1) This Act may be called The Bankers' Books Evidence Act, 1891. (2) It extends to the whole of India 1 [except the State of Jammu and Kashmir] 2 [* * *] _______________________ 1. Substituted for the words "except Part B States" by Part B States (Laws) Act, 1951 (3 of 1951). 2. The word "and" at the end of sub-section (2) and sub-section (3) were repealed by the Repealing and Arnending Act, 1914 (10 of 1914).
View Complete Act List Judgments citing this section.....- 1[(1) "company" means any company as defined in Section 3 of the Companies Act, 1956, and includes a foreign company within the meaning of Section 591of that Act. (1A) "corporation" means any body corporate established by any law for the time being in force in India and includes the Reserve Bank of India, the State Bank of India and any subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959.] (2) "bank" and "banker", mean- 2[(a) any company or corporation carrying on the business of banking.] (b) any partnership or individual to whose books the provisions of this Act shall have been extended as hereinafter provided, 3[(c) any post office savings bank or money order office;] 6[(3) "bankers' books" include ledgers, day-books, cash-books, account-books and all other records used in the ordinary business of the bank, whether these records are kept in written form or stored in a micro film, magnetic tape or in any other form of mechanical or electronic data retrieval mechanism, either onsite or at any offsite location including a back-up or disaster recovery site of both;] 4[(4) "legal proceeding" means, - (i) any proceeding or.....
View Complete Act List Judgments citing this section.....discs, tapes or other electro-magnetic data storage devices; (E) the mode of verification in order to ensure that data has been accurately transferred to such removable media; (F) the mode of identification of such data storage devices; (G) the arrangements for the storage and custody of such storage devices; (H) the safeguards to prevent and detect any tampering with the system; and any other factor which will vouch for the integrity and accuracy of the system. (c) a further certificate from the person in-charge of the computer system to the effect that to the best of his knowledge and behalf, such computer system operated properly at the material time, he was provided with all the relevant data and the printout in question represents correctly, or is appropriately derived from, the relevant data.] _______________________ 1. Inserted by the Information Technology Act, 2000 w.e.f. 17.10. 2000.
View Complete Act List Judgments citing this sectionThe State Government may from time to time, by notification in the Official Gazette, extend the provisions of this Act to the books of any partnership or individual carrying on business of bankers within the territories under its administration, and keeping a set of not less than three ordinary account-books namely, a cash-book, a day-book or journal, and a ledger, and may in like manner rescind any such notification.
View Complete Act List Judgments citing this sectionSubject to the provisions of this Act, a certified copy of any entry in a banker's book shall in all legal proceedings be received as prima facie evidence of the existence of such entry, and shall be admitted as evidence of the matters, transactions and accounts therein recorded in every case where, and to the same extent as, the original entry itself is now by law admissible, but not further or otherwise.
View Complete Act List Judgments citing this sectionNo officer of a bank shall in any legal proceeding to which the bank is not a party be compellable to produce any banker's book the contents of which can be proved under this Act, or to appear as a witness to prove the matters, transactions and accounts therein recorded, unless by order of the Court or a Judge made for special cause.
View Complete Act List Judgments citing this section(1) On the application of any party to a legal proceeding the Court or a Judge may order that such party be at liberty to inspect and take copies of any entries in a banker's book for any of the purposes of such proceeding, or may order the bank to prepare and produce, within a time to be specified in the order, certified copies of all such entries, accompanied by a further certificate that no other entries are to be found in the books of the bank relevant to the matters in issue in such proceeding, and such further certificate shall be dated and subscribed in manner hereinbefore directed in reference lo certified copies. (2) An order under this or the preceding section may be made either with or without summoning the bank and shall be served on the bank three clear days (exclusive of bank holidays) before the same is to be obeyed, unless the Court or judge shall otherwise direct. (3) The bank may at any time before the time limited for obedience to any such order as aforesaid either offer to produce their books at the trial or give notice of their intention to show cause against such order, and thereupon the same shall not be enforced without further order.
View Complete Act List Judgments citing this section(1) The costs of any application to the Court or a Judge under or for the purposes of this Act and the costs of anything done or to be done under an order of the Court or a Judge made under or for the purposes of this Act shall be in the discretion of the Court or Judge, who may further order such costs or any part thereof to be paid to any party by the bank if they have been incurred in consequence of any fault or improper delay on the part of the bank. (2) Any order made under this section for the payment of costs to or by a bank may be enforced as if the bank were a party to the proceeding. (3) Any order under this section awarding costs may, on application lo any Court of Civil Judicature designated in the order, be executed by such Court as if the order were a decree for money passed by itself: PROVIDED that nothing in this sub-section shall be construed to derogate from any power which the Court or Judge making the order may possess for the enforcement of its or his directions with respect to the payment of costs.
View Complete Act List Judgments citing this section1 [8. Order of court tobe construed to be order made by specified officer In the application of sections 5, 6and 7 to any investigation or inquiry referred to in sub-clause (iii) of clause(4) of section 2, the order of a court or a Judge referred to in the saidsections shall be construed as referring to an order made by an officer of arank not lower than the rank of a Superintendent of Police as may be specifiedin this behalf by the appropriate Government. Explanation. - In this section,"appropriate Government" means the Government by which the policeofficer or any other person conducting the investigation or inquiry isemployed.] _______________________ 1. Inserted by the Banking Laws (Amendment) Act(1 of 1984) w.e.f 15.02.1984.
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