Bankers' Books Evidence Act, 1891

Bankers' Books Evidence Act, 1891 is an act in India dating from the British colonial rule, that is still in force largely unchanged.

The Bankers' Books Evidence Act, 1891
Imperial Legislative Council (India)
  • An Act to amend the Law of Evidence with respect to Bankers’ Books
CitationAct No. 18 of 1891
Enacted byImperial Legislative Council (India)
Enacted13 March 1891
Commenced1 April 1892
Status: In force

History edit

In the late 19th century, the banking industry in India was a rapidly developing industry. Every year, new banks were being established, some by Indian businessmen, and others by mostly European owners. The main question which arose was whether the rules of evidence in Indian banking would be governed by British legislation, as India was then a British colony. As a result, it was decide to adapt and adopt the Bankers' Books Evidence Act, 1879 of the British Parliament to Indian banking. The Indian Bankers' Books Evidence Act, 1891 was therefore enacted and continues to be in force to the present day.[1]

Tenets and Precepts edit

The main tenets and precepts of the Act are that whenever any Bank or Banker is compelled to provide evidence to a court or judge, the original documents need not be produced and that a copy of the original documents are sufficient for legal purposes.[2][3]

Today, the Act is also in force in the former British colonies of Pakistan and Bangladesh, which were formerly ruled as parts of undivided India.[4][5][6]

Review and Reform edit

The Act has been further amended by the Information Technology Act, 2000 which expanded the meaning and scope of Bankers Books to include computer documents, files and external storage. Now any banking related evidence can be produced in electronic format with no requirement for paperwork.[7]

Court Cases involving the Act edit

There have been many court cases involving the Bankers' Books Evidence Act, 1891:[8]

References edit

  1. ^ "Bankers' Books Evidence Act 1879".
  2. ^ Bankers' Books Evidence Act, 1891
  3. ^ "Bankers Books Evidence Act, 1891". www.bareactslive.com.
  4. ^ "The Bankers' Book Evidence Act, 1891". bdlaws.minlaw.gov.bd.
  5. ^ "Bankers Book of Evidence Act, 1891".
  6. ^ "Bankers' Book Evidence Act, 1891 | PAKISTAN LAWYER". 26 July 2016.
  7. ^ "Bankers Book Evidence Act".
  8. ^ "Evidentiary Value Of Bank Records - Finance and Banking - India". www.mondaq.com.

External links edit