Here are the notes on the mode of proof of certain entries in bankers’ books as per the Bankers’ Books Evidence Act, 1891:
- Section 4 of the Act provides that a certified copy of any entry in a bankers’ 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.
- A “certified copy” is a copy of an entry in a bankers’ book certified by an officer of the bank to be a true copy of such entry. The certificate must be in writing and must be signed by the officer and must state the date on which the copy was made.
- The Bankers’ Books Evidence Act applies to all bankers’ books, whether they are kept in a manual or electronic form. However, there are some special provisions for printouts of entries in bankers’ books.
Conditions in the Printout as per Bankers’ Books Evidence Act, 1891
Section 2A of the Bankers’ Books Evidence Act, 1891, lays down the following conditions that must be satisfied for a printout of an entry in a bankers’ book to be admissible as evidence:
- The printout must be of an entry that is itself admissible in evidence under the Act.
- The printout must be produced by a mechanical or other process which in itself ensures the accuracy of the printout as a copy of such entry.
- The printout must be accompanied by a certificate signed by an officer of the bank stating that:
- The printout is a true copy of the entry in the bankers’ book;
- The process used to produce the printout ensures its accuracy; and
- The printout has not been tampered with since it was produced.
MCQs on the Mode of Proof of Certain Entries in Bankers’ Books
- A certified copy of an entry in a bankers’ book is admissible 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. True or False?
- Answer: True. This is the provision of Section 4 of the Bankers’ Books Evidence Act, 1891.
- A printout of an entry in a bankers’ book is admissible as evidence under the Bankers’ Books Evidence Act, 1891. True or False?
- Answer: False. A printout of an entry in a bankers’ book is only admissible as evidence if it satisfies the conditions laid down in Section 2A of the Act.
- The conditions that must be satisfied for a printout of an entry in a bankers’ book to be admissible as evidence under the Bankers’ Books Evidence Act, 1891 are:
- The printout must be of an entry that is itself admissible in evidence under the Act.
- The printout must be produced by a mechanical or other process which in itself ensures the accuracy of the printout as a copy of such entry.
- The printout must be accompanied by a certificate signed by an officer of the bank stating that:
- The printout is a true copy of the entry in the bankers’ book;
- The process used to produce the printout ensures its accuracy; and
- The printout has not been tampered with since it was produced.
- All of the above.
- Answer: All of the above. These are the conditions laid down in Section 2A of the Bankers’ Books Evidence Act, 1891.