The Bankers’ Books Evidence Act, 1891
The Bankers’ Books Evidence Act, 1891, Act No. 18 of 1891, dated 1 October 1891, is primary law governing how entries in bankers’ books may be proved in legal proceedings. The text includes later amendments covering electronic records, certified printouts, investigations and inquiries, and it allows courts or judges to order inspection or certified copies of bank entries.
What the Act governs
The Bankers’ Books Evidence Act, 1891 sets out how records kept in the ordinary business of a bank can be used as evidence. It applies to legal proceedings, including proceedings or inquiries where evidence may be given, arbitrations, and authorised investigations or inquiries for collecting evidence.
For a property buyer, owner or professional, the Act is relevant only when bank records are required as evidence in a legal proceeding. It does not create or transfer property rights.
Records and institutions covered
The Bankers’ Books Evidence Act, 1891 defines banks and bankers to include companies or corporations carrying on banking business, certain partnerships or individuals, post office savings banks and money order offices. The source also states that the Act applies to Development Banks as if they were banks under the Act.
Bankers’ books include:
- Ledgers, day books, cash books and account books.
- Other records used in the bank’s ordinary business.
- Records stored in writing, microfilm, magnetic tape, or another mechanical or electronic retrieval system.
- Records held onsite, offsite, or at backup or disaster recovery locations.
Evidence and certified copies
The Bankers’ Books Evidence Act, 1891 allows a certified copy of a bank entry to be received as initial evidence that the entry exists. It may prove the recorded matters, transactions and accounts only to the same extent that the original entry would be legally admissible.
For written records, certification must confirm matters including that the copy is true, the entry is in an ordinary bank book, it was made in the usual course of business, and the book remains in the bank’s custody. Electronic printouts require certificates from the principal accountant or branch manager and the person in charge of the computer system. These certificates address system safeguards, data accuracy, storage, retrieval, custody and protection against tampering.
Court access and bank officers
The Bankers’ Books Evidence Act, 1891 provides that:
- A court or judge may permit a party to inspect and copy relevant bank entries.
- A bank may be directed to prepare and produce certified copies within a specified time.
- When the bank is not a party, its officer generally cannot be compelled to produce books or appear as a witness unless a court or judge orders this for special cause.
- Costs are decided by the court or judge, and a bank may be ordered to pay costs caused by its fault or improper delay.
- For specified investigations or inquiries, the relevant order may be made by an officer not below the rank of Superintendent of Police, as specified by the appropriate Government.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Can a certified bank statement be used instead of the original bank book?
A properly certified copy of an entry may be admitted as evidence to the same extent as the original entry. It does not have a wider evidentiary effect than the original.
Can I ask a court to let me inspect bank records for a case?
A party to a legal proceeding may apply to the court or a judge for permission to inspect and copy relevant entries. The court or judge may instead direct the bank to prepare and produce certified copies.
Does an electronic bank printout need certification?
Yes. The printout must be accompanied by certificates covering its source and the computer system’s operation, safeguards, accuracy, storage, retrieval and protection against tampering.
Can a bank officer always be required to bring the bank’s books to court?
No. If the bank is not a party and the contents can be proved under the Act, an officer cannot generally be compelled to produce the books or appear as a witness unless a court or judge makes an order for special cause.
