Certified Statement Evidentiary Value .
1. Bankers' Books Evidence Act, 1891 - The Main Law
This is the special law for banks.
Section 2(8) - Definition of Banker's Books: Includes ledgers, day-books, cash-books, account-books and all other books used in ordinary business of bank, whether in written form or in electronic form, printouts, data stored in floppy, hard disk etc.
Section 4 - Mode of Proof - The Heart of Evidentiary Value:
"Subject to the provisions of this Act, a certified copy of any entry in a banker's book shall in all legal proceedings be received as prima facie evidence of the existence of such entry, and shall be admitted as evidence of the matters, transactions and accounts therein recorded in every case where, and to the same extent as, the original entry itself is now by law admissible, but not further or otherwise."
What is certified copy? Section 2(8) + Section 5
To be valid, certificate must state:
- Copy is true copy of entry in ordinary books of bank
- Such entry is in one of ordinary books of bank and was made in usual and ordinary course of business
- Such book is still in custody of bank
Signed by Principal Accountant / Manager with name, designation and seal.
Evidentiary Value under this Act:
- Not conclusive, but prima facie. Means court presumes entry exists and transaction happened, unless defendant disproves.
- Bank officer not compellable to produce original unless ordered by court u/s 6.
- You do NOT need to call bank manager to prove statement if certified under this Act.
2. Indian Evidence Act, 1872 / Bharatiya Sakshya Adhiniyam 2023 - Electronic Records
Bank statement is electronic record. So it must also satisfy Section 65B of Evidence Act / Section 63 of BSA 2023.
Section 65B(4) requires certificate:
- Identifying electronic record
- Describing manner of production
- Device details
- Signed by person in charge of system
If statement is produced as secondary evidence, BOTH certificates are ideally needed: one under Bankers Books Act + one under 65B. Courts have held Bankers Books Act is special law and can suffice for banks, but best practice is dual certification.[printout]
3. Case Laws - Binding Precedents
Case 1: ARJUN PANDITRAO KHOTKAR vs KAILASH KUSHANRAO GORANTYAL - Supreme Court (2020) 7 SCC 1 - The Landmark on 65B
Largest bench on electronic evidence.
Held: Certificate u/s 65B(4) is mandatory when reliance is placed upon electronic record. If electronic record is produced as secondary evidence [CD, pen drive, printout, WhatsApp chat], without certificate it has no evidentiary value.
- Section 65A & 65B is a complete code. General secondary evidence sections 63, 65 do not apply to electronic records.
- Exception: If original device itself is produced as primary evidence, certificate not needed.
This is why Punjab & Haryana High Court held: "WhatsApp message has no evidentiary value without certificate under Section 65B" citing Khotkar.
Case 2: ANVAR P.V. vs P.K. BASHEER - Supreme Court (2014) 10 SCC 473
Before Khotkar, this set the rule: Electronic records without 65B certificate are inadmissible. Overruled earlier lenient view in State [NCT of Delhi] vs Navjot Sandhu.
Case 3: HARPAL SINGH @ CHHOTA vs STATE OF PUNJAB - Supreme Court 2017
Reiterated: Printed copy of call details / computer generated records kept in usual ordinary course of business - inadmissible unless certificate u/s 65B produced. Call Detail Records without certificate = zero value.
Case 4: BANK OF BARODA vs SHEIKH ASRAFUL HOSSAIN - Delhi / IndianKanoon 2023
Court held:
Entries of statement of account filed by plaintiff bank can be received as prima facie evidence under Section 4 of Bankers' Books Evidence Act. If certified copy is filed, it proves existence of entry.
Case 5: PUNJAB & SIND BANK vs RAM PRAKASH JAGDISH CHANDER - Delhi High Court
Facts: Defendant argued mere statement of account insufficient for recovery.
Held: Court upheld validity of bank's certified account statements as prima facie evidence, negating defendant's argument. Certified statements under Bankers' Books Evidence Act are sufficient to prove loan outstanding. Burden shifts to defendant to disprove.
Case 6: State vs Mohd. Afzal & Ors [Parliament Attack Case] - Supreme Court
Held: Electronic records generated through computer will be admissible if proved genuine in manner prescribed u/s 65B.
4. Practical Evidentiary Value - Summary Chart
| Type of Certified Statement | Evidentiary Value | What you need to prove |
|---|---|---|
| Bank Statement with Bankers Books Certificate | Prima facie proof of entry and transaction. Court admits without original. | Certificate by manager as per Section 2(8). Book in custody, entry in ordinary course. |
| Same + 65B Certificate | Strongest. Admissible + reliable. Becomes almost conclusive if not rebutted. | Add 65B certificate with device details. |
| Uncertified Printout / Screenshot | No evidentiary value. Inadmissible as per Khotkar & Harpal Singh. | Court will reject. |
| Certificate Defective [no seal, no designation] | Weak, can be challenged as not prima facie. | Opposite party can demand production of original u/s 6. |
Important Distinction Made in Delhi High Court: Section 65B deals only with admissibility, not with truthfulness. Mere admission of certified statement does not mean contents are true. Truthfulness still to be tested by cross-examination and corroboration.
5. How to Draft a Valid Certified Statement for Court
If you are a bank or presenting it:
Code
Certified to be true copy of entry contained in the Bank's bookswhich are in the ordinary course of banking business and in thecustody of the bank. System: [CBS Finacle / etc]Period: From ___ to ___Printed on: ___ by ___This printout was produced by computer in ordinary course. Sd/-Manager / Principal AccountantName, Employee Code, SealDate
8 lines hidden
For private party: also attach certificate u/s 65B(4) BSA Section 63 stating you are in charge of computer.
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