The Bankers’ Books Evidence Act, 1891: Jaiib/DBF Paper 3 (Module C) Unit-13

The Bankers’ Books Evidence Act, 1891: Jaiib/DBF Paper 3 (Module C) Unit-13

Dear bankers,

As we all know that is The Bankers’ Books Evidence Act, 1891 for JAIIB Exam. JAIIB exam conducted twice in a year. So, here we are The Bankers’ Books Evidence Act, 1891 (Unit-13), Banking Related Laws (Module C), Legal & Regulatory Aspects of Banking -Paper 3.

♦Application and Definitions

  • Company: Company means a company as defined in Section 3 of the Companies Act, 1956 (now ICA 2013) and includes a foreign company within the meaning of that Act.
  • Legal Proceeding: Any proceeding or inquiry in which evidence is or may be given; Any investigation or inquiry under code of Criminal Procedure, 1973 or under any other law for the time being in force for the collection of evidence, conducted by a police officer or any other person authorized for the purpose by the magistrate or by any law.

♦Certified Copy means when the books of the bank

Maintained in Written Form, a copy of any entry in such books together with a certificate written at the foot of such copy mentioning that

  1. it is true copy of such entry
  2. that such entry made in ordinary course of business
  • Maintained in Electronic Form
  • Maintained in Mechanical Form

A certificate copy of any entry in a banker’s “Book shall”, in all legal proceedings, be received as prima facie evidence of the existence of such entry. Further, it shall be admissible as evidence of all the matters, transactions and accounts therein recorded in every case as the original entry itself.

♦Case In Which Officer of Bank Not Compellable to produce Books

  • In any proceeding where the bank is not a party, no officer of a bank shall be compellable to produce any banker’s book, contents of which can be proved, under this Act by production of certified copies. Similarly no the certified copies. However, the court may order otherwise for special cause.

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