Under the Bankers’ Books Evidence Act, 2026, as in force on 7 November 2026, how may entries in a…
The 2026 Act permits proof by a certified copy meeting its conditions. Section 5 makes it prima facie evidence to the extent the original entry is admissible. Section 8…
Choose your answer
Under the Bankers’ Books Evidence Act, 2026, as in force on 7 November 2026, how may entries in a non-party bank’s books ordinarily be proved in a suit? Assume the certified-copy conditions are met, no special-cause order for production or attendance exists, and the suit is governed by the 2026 Act rather than its savings for the repealed law.
Answer and explanation
Correct answer B
The 2026 Act permits proof by a certified copy meeting its conditions. Section 5 makes it prima facie evidence to the extent the original entry is admissible. Section 8 ordinarily protects officers of a non-party bank from production or witness attendance, subject to a written order recording a defined special cause. The stated facts exclude proceedings preserved under section 16.
See sections 2(1)(c) and 3 of the Bankers’ Books Evidence Act, 2026, for the definition and conditions of a certified copy.
Option feedback
Option A
Routine production is unnecessary under the statutory copy route, and no special-cause order has been made.
Option B
A copy certified under the current Act can prove entries without routine bank-officer attendance.
Option C
The computer-system custodian need not routinely attend to prove each statutory certified copy.
Option D
The accountant or branch manager need not routinely give oral evidence merely to invoke the copy route.
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