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Section 2- Bankers Book Evidence Act

Bankers Book Evidence Act

 

 

2. Definitions –

 

 

In this Act, unless there is something repugnant in the subject or context,-

 

2[(1) “Company” means any company as defined in Section 3 of the Companies Act,1956, and includes a foreign company within the meaning of Section 591 of that Act;

 

(1A) “Corporation” means any body corporate established by any law for the time being in force in India and includes the Reserve Bank of India, the State Bank of India and any subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959.]

 

(2) “Bank” and “bakes”, mean-

 

3[(a) Any company or corporation carrying on the business of banking.]

 

(b) Any partnership of individual to whose books the provisions of this Act shall have been extended as hereinafter provided,

 

4[(c) Any post office savings bank or money order office;]

 

5(3) “Bankers’ books” include ledgers, day-books, cash-books, account-books and all other books used in the ordinary business of a bank;

 

6(4) “Legal proceeding” means any proceeding or inquiry in which evidence is or may be given, and includes an arbitration;

 

(5) “The Court” means the person or persons before whom a legal proceeding is held or taken;

 

(6) “Judge” means a Judge of a High Court;

 

(7) “Trail” means any hearing before the Court at which evidence is taken; and

 

78 “Certified copy” means a copy of any entry in the books of a bank together with 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, such certificate being dated and subscribed by the principal accountant or manager of the bank with his name and official title.

 

(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.]

 

8[(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.]

 

———-

1. This Act has been extended to Pondicherry by Act 26 of 1968, sec. 3 and Sch.

 

2. Subs. by Act 56 of 1962, sec. 4, for clause (1) (w.e.f. 14-12-1962).

 

3. Subs. by Act 56 of 1962, sec. 4, for sub-clause (a) (w.e.f. 14-12-1962).

 

4. Added by Act 1 of 1893, sec. 2.

 

5. Subs. by Act 55 of 2002, sec. 11, for clause (3) (w.e.f. 6-2-2003). Earlier clause (3) was substituted by Act 21 of 2000, sec. 93 and Sch. III (w.e.f. 17-10-2000). Clause (3), before substitution by Act 55 of 2002, stood as under:

‘(3) “bankers’ books” include ledgers, day-books, cash-books, account-books and all other books used in the ordinary bussiness of a bank whether kept in the written form or as printouts of data stored in a floppy disc, tape or any other form of electro-magnetic data storage device;’.

 

6. Subs. by Act 1 of 1984, sec. 2(a)(i), for clause (4) (w.e.f. 15-2-1984).

 

7. Subs. by Act 21 of 2000, sec. 93 and Sch. III, for clause (8) (w.e.f. 17-10-2000). Earlier clause (8) was amended by Act 1 of 1984, sec. 2(a)(ii) (w.e.f. 15-2-1984).

 

8. Ins. by Act 55 of 2002, sec. 11 (w.e.f. 6-2-2003).

 

 

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Bankers Book Evidence Act

 

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