• The Bankers’ Books Evidence Act, 2026 will come into force from October 1.
Key points on Bankers’ Books Evidence Act:
• It replaces the Bankers’ Books Evidence Act, 1891 and provides for a modern framework for the use of banking records as evidence in line with contemporary banking practices.
• The Bankers’ Books Evidence Act, 1891 was enacted to facilitate the use of certified copies of bank records as evidence in legal proceedings without requiring production of the original records.
• The Act was enacted at a time when banking records were predominantly maintained in physical form.
• With the advancement of technology and growth of digital banking, bank records are increasingly created, stored and maintained using contemporary technology.
• It therefore became necessary to modernise and strengthen the existing legal framework to meet the requirements of the present banking system.
• The Bankers’ Books Evidence Bill, 2026 received the assent of the President on August 13, 2026.
• The Act expands the scope of the definition of “bankers’ books” to include all forms of records maintained by banks, whether in physical, electronic, digital, virtual, cloud-based or in any other form.
• The Act adopts a technology-neutral approach by recognising banking records maintained in physical, electronic, digital, virtual, cloud-based and other contemporary forms.
• It also provides for simplified and standardised certification of banking records, including through manual, digital or electronic signatures.
• Greater clarity has also been provided on the summoning of bank officials where the bank is not a party to the proceedings, with a “special cause” to be recorded in writing by the court for such summoning.
• The Centre may extend provisions to specified financial sector entities or classes of entities, allowing the framework to cater to the evolving financial landscape.
(The author is a trainer for Civil Services aspirants.)