Criminal breach of trust
keshav@1990
(Querist) 11 October 2013
This query is : Resolved
Is giving bank statement to third party is criminal breach of trust by banker
R.K Nanda
(Expert) 11 October 2013
yes, it is.
Mayank Kumar Advocate
(Expert) 11 October 2013
why not, that is your security of private information and then they are breaching your trust and security. take a against the bank.
Guest
(Expert) 11 October 2013
Yours is a purely an academic query and has no relevance with reference to investigating agencies, like crime cell of police, IB, CBI, enforcement department, Court, etc., that cannot be denied access of any person's bank account on his involvement in criminal or anti-India activities.
So, better state, what is your real problem and to which third party you point out?
ajay sethi
(Expert) 11 October 2013
academic query
keshav@1990
(Querist) 11 October 2013
Sir my friend a bank employee unknowingly has given statement to wife of customer which she used it in court statement don't have stamp and signature .is it criminalbreach of trust under IPC 409
Guest
(Expert) 11 October 2013
A computerised statement can be without any stamp or signature. Of course, the bank employee has committed a criminal breach of trust, if the account is not a joint account with wife of the account holder. The bank as well as the employee can be legally held responsible for the same.
Raj Kumar Makkad
(Expert) 11 October 2013
I do agree with the wise advice of ld. dhingra ji.
Kumar Doab
(Expert) 11 October 2013
The Learned Experts have given valuable advise. Kindly follow it.
The Regulator RBI has issued guidelines and these are exercised on banks by RBI, Watchdog BCSBI, IBA.
These guidelines are not discretionary on the banks.
Guidelines issued by RBI are mandatory having statutory force.
>> Code of Bank s Commitments to Customers issued by Banking Codes and Standards Board of India and as adopted by the bank
>> Indian Banks Association; Model Deposit Policy
http://www.iba.org.in/model_depositpolicy.asp
In fact, depositors are the major stakeholders of the Banking System. The depositors and their interests form the key area of the regulatory framework for banking in India and this has been enshrined in the Banking Regulation Act, 1949.
While adopting this policy, the bank reiterates its commitments to individual customers outlined in Bankers' Fair Practice Code
SECRECY OF CUSTOMER'S ACCOUNTS
The Bank shall not disclose details / particulars of the customer's account to a third person or party without the expressed or implied consent from the customer. However, there are some exceptions, viz. disclosure of information under compulsion of law, where there is a duty to public to disclose and where interest of the Bank requires disclosure.
>> Apex Court has also commented:” We can not accept the line………. that the right to privacy is referable to the right of 'property' theory.
Right to privacy includes that bank should maintain confidentiality in respect of documents in its custody
keshav@1990
(Querist) 13 October 2013
Sir he has given statement in negligence is it criminal breach of trust
Guest
(Expert) 13 October 2013
Enough advise provided. Whosoever is he, who has given statement in negligence, you should not expect that experts would exert pressure on the judge to admit or reject the statement. Negligence in itself can become supportive to the offence.
Kumar Doab
(Expert) 13 October 2013
Shri. P.S. Dhingra is absolutely right.
Banks also use latest software. Banks have committeement to individual customers and secrecy.
Thru its internal software and IT guys’ bank can find out who has accessed, downloaded, and printed which documents, if the bank wants to.
It is pleasure of court to issue orders it pleases to issue.
Rajendra K Goyal
(Expert) 13 October 2013
well advised about technology and finding out who gave the statement. agree with expert PS Dhingra & Kumar Doab ji.
