Section 2(4)(iii) & Section 8 In Bankers Book Evidence Act 1891
In a reputed book Iyer’s A Legal Treatise on Police Diaries published by Delhi Law House 2nd edition 2013 (Reprint 2014) in Chapter 10 “POLICE GUIDELINES FOR COLLECTION OF EVIDENCE” on Page NO 469 Para 1(b)(ii) it is stated as under :
“Section 8 of the Banker’s Book Evidence Act, 1891 authorizes the Officers not below the rank of Superintendent of Police specified by the Government under this section to requisition the records or entries which are needed for investigation into any offence. This requisition should be in the prescribed form.”
Similiarly in Section 2(4)(iii) of the Act says
“(iii) any investigation or inquiry under the Code of Criminal Procedure, 1973 (2 of 1974), or under any other law for the time being in force for the collection of evidence, conducted by a police officer or by any other person (not being a magistrate) authorised in this behalf by a magistrate or by any law for the time being in force;]
QUERIES:
Can any member throw light into the details/ramifications of these assertion sin the Book and in the Act with the help of some case Laws etc, particularly on
1.Does it require a specific authorization to the Police officer for collection of Evidence from a Banker?
2.Is such a Police officer required to be of a rank of not less than SP?
