Certificates under Bankers Book Evidence Act

The Bankers' Books Evidence Act, 1891 - Submission of Certified Copies of Entries / Print out to Courts

RBI/2008-09/457

RPCD.CO.RF.BC.No. 100 /07.38.03/2008-09

April  24, 2009

All State Co-operative Banks (StCBs) and
District Central Co-operative Banks (DCCBs)  

Dear Sir,

The Bankers' Books Evidence Act, 1891 - Submission of
Certified Copies of Entries / Print out to Courts

In a recent case heard at the Court of a Civil Judge in Maharashtra, the Hon'ble Court advised Reserve Bank of India to instruct all banks that whenever they submit any data stored in their computer systems as evidence under Bankers' Books Evidence Act, 1891 to a court of law, the data must be accompanied by a certificate prescribed under Section 2A(a) and (b) of the Act ibid (relevant extract enclosed).

2. It is, therefore, advised that all State and Central Co-operative banks should comply with the provisions of the Bankers' Books Evidence Act, 1891 while furnishing certified copies and computer printouts to courts. In the absence of such statutory certificate, the court would not be obliged to admit the document in evidence without any further proof.

Yours faithfully,

    (B. P. Vijayendra) Chief General Manager  

Encl: 2

Extract from the Bankers' Books Evidence Act, 1891

2A.  Conditions in the printout

A printout of entry or a copy of printout referred to in sub-section (8) of section 2 shall be accompanied by the following, namely :-

(a)    a certificate to the effect that it is a printout of such entry or a copy of such printout by the principal accountant or branch manager; and

(b)    a certificate by a person in-charge of computer system containing a brief descriptttion of the computer system and the particulars of -

(A)    the safeguards adopted by the system to ensure that data is entered or any other operation performed only by authorised persons;
(B)    the safeguards adopted to prevent and detect unauthorized change of data;
(C)    the safeguards available to retrieve data that is lost due to systemic failure or any other reasons;
(D)    the manner in which data is transferred from the system to removable media like floppies, discs, tapes or other electromagnetic 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
(I)    any other factor, which will vouch for the integrity and accuracy of the system.

2 (8)  "Certified  Copy" means when the books of a bank,-

(a) are maintained in written form, a copy of any entry in such books together with a certificate written at the foot of such copy that it is a true copy of such entry, that such entry is contained in one of the  ordinary books of the bank and was made in the usual and ordinary course of business and that such book is still in the custody of the bank, and where the copy was obtained by a mechanical or other process which in itself ensured the accuracy of the copy, a further certificate to that effect, but where the book from which such copy was prepared has been destroyed in the usual course of the bank's business after the date on which the copy had been so prepared, a further certificate to that effect, each such certificate being dated and subscribed by the principal accountant or manager of the bank with his name and official title; and

(b) consist of printouts of data stored in a floppy, disc, tape or any other electro-magnetic data storage device, a printout of such entry or a copy of such printout together with such statements certified in accordance with the provisions of section 2A.

(c)  a printout of any entry in the books' of a bank stored in a micro film, magnetic tape or in any other form of mechanical or electronic data retrieval mechanism obtained by a mechanical or other process which in itself ensures the accuracy of such printout as a copy of such entry and such printout contains the certificate in accordance with the provisions of section 2A.

"Certified that the above is a true copy of the entries contained in the ledger being one ordinary books of the bank and that such entries were made in the usual and ordinary course of the business of the bank and that the said books are in the custody of the bank."

I am lawyer and I need copy of the certificate ( formate in which ) it is submitted in court of law urgently

I will be obliged if u send on my mail id.

Nitin Tillu

Advocate High Court Bombay.

A short Cryptic and defective certificate with mere statement True Copy with signature and seal of the Bank is not a certiifcate in terms of Sec 2(8) of the Act no reliance can be placed on such statement of account,State Bank of India Vs Raghubar Singh 2001 (103)CCC 245 (Pat), but  a judgment of the High Court of Bombay reported as Radheshyam vs. Safiyabai Ibrahim, AIR 1988 Bombay 361, in which it was observed as follows:-

" In my judgment, the aforesaid view of the Ld. Judge of the Lower Appellate Court was hypothetical. The said extract of account was duly signed by the agent of the bank. Implicit in it was a certificate that it was a true copy of an entry contained in one of the ordinary books of the bank and was made in the usual and ordinary course of business and that such book was in the custody of the bank. The detailed ingredients mentioned in the defining class 8 of Section 2 of the Banker's Books Evidence Act 1891 for qualifying to be "Certified Copy" are not mandatory but merely directory. Sufficient compliance depending upon the facts and circumstances of each case is enough to qualifying a document to be "certified copy". I, therefore, hold that the said extract of the accounts produced at Exh.55A is admissible in evidence."

The Kerala High Court also in T.V. Rajan vs. A.S. Sharafudheen, III (2003) BC 263 accepted the aforesaid view of the Bombay High Court that Section 2 (8) of the Banker's Books Evidence Act is only directory and not mandatory. It was also held that the non/ inadequate compliance of this provision was of no substance at all if it had not resulted in any prejudice.

If certificate is not accompanied what are the consequences?