The Bankers’ Books Evidence Act, 1891 is an Act of the Indian Parliament that provides for the admissibility of certified copies of entries in bankers’ books as evidence in legal proceedings. The Act applies to all banks, whether incorporated or not, and to all their branches, whether situated in India or outside India.
Definitions
- “Banker” means any person who is engaged in the business of banking.
- “Banker’s book” means any book used in the ordinary course of business of a banker, for the purpose of making entries relating to accounts of customers.
- “Certified copy” means a copy of an entry in a banker’s book certified in the manner prescribed by the Act.
Applicability of the Act
The Act applies to all legal proceedings, whether civil or criminal. However, the Act does not apply to the following:
- Proceedings in which the bank is a party.
- Proceedings for rectification of the entries in a banker’s book.
- Proceedings for the recovery of money against a banker where the customer is dead.
Mode of Proof of Entries in Bankers’ Books
The Act provides that a certified copy of any entry in a banker’s book shall 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.
This means that a certified copy of an entry in a banker’s book is admissible as evidence in a court of law, and the court will presume that the entry is genuine and accurate. However, the opposing party is still allowed to challenge the authenticity of the entry.
Procedure for Obtaining a Certified Copy
A certified copy of an entry in a banker’s book can be obtained from the bank by the customer or any other person who has an interest in the entry. The procedure for obtaining a certified copy is as follows:
- The person requesting the certified copy must make a written application to the bank.
- The application must specify the entry or entries that the person wants a certified copy of.
- The bank must then certify the copy of the entry or entries.
- The certified copy must be signed by an officer of the bank authorized to do so.
MCQs on the Bankers’ Books Evidence Act, 1891
- Which of the following is not a banker?
- A person who is engaged in the business of banking
- A person who is authorized to accept deposits
- A person who is authorized to issue cheques
- A person who is authorized to provide loans
- A person who is authorized to collect cheques
- Which of the following is not a banker’s book?
- A ledger
- A cash book
- A passbook
- A cheque book
- A receipt book
- A certified copy of an entry in a banker’s book is admissible as evidence in a court of law.
- True
- False
- The opposing party is not allowed to challenge the authenticity of a certified copy of an entry in a banker’s book.
- True
- False
- A certified copy of an entry in a banker’s book can be obtained from the bank by the customer or any other person who has an interest in the entry.
- True
- False
Answers to MCQs
- The answer is (c). A person who is authorized to collect cheques is not a banker.
- The answer is (d). A receipt book is not a banker’s book.
- The answer is (true). A certified copy of an entry in a banker’s book is admissible as evidence in a court of law.
- The answer is (false). The opposing party is allowed to challenge the authenticity of a certified copy of an entry in a banker’s book.
- The answer is (true). A certified copy of an entry in a banker’s book can be obtained from the bank by the customer or any other person who has an interest in the entry.