Authenticity of Bank statements by online banking in criminal case

Tilak Marg Forum for Legal Questions Forums Criminal Law Authenticity of Bank statements by online banking in criminal case

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    • #2908
      SHARMA
      Guest

      Sir, I have a bank account in State Bank of India and I have availed online banking facility and using it from many years. I have taken a print out (statement for a particular period from my own account). I am using this online banking statement in a criminal case. That’s why I want some details. Please suggest me : Can I use this computerised statement without stamping from bank? As in computerised bills or other documents, we always find a line that It is a computer generated bill/ receipts and It does not require any signature and stamp. Will Court ask me to get stamped from Bank or will accept it as it is?

    • #2910

      You may need to obtain certificate from the Bank under Section 2A of the Bankers’ Books Evidence Act, 1891, for using the printout of the bank account as evidence in court. This section is reproduced below for your benefit:

      2A. Conditions in the printout. A printout of entry or a copy of printout referred to in sub-section (8) of section 2 shall be accompanied by the following, namely:

      (a) a certificate to the effect that it is a printout of such entry or a copy of such printout by the principal accountant or branch manager; and

      (b) a certificate by a person in-charge of computer system containing a brief description of the computer system and the particulars of

      (A) the safeguards adopted by the system to ensure that data is entered or any other operation performed only by authorised persons;

      (B) the safeguards adopted to prevent and detect unauthorised change of data;

      (C) the safeguards available to retrieve data that is lost due to systemic failure or any other reasons;

      (D) the manner in which data is transferred from the system to removable media like floppies, discs, tapes or other electro-magnetic data storage devices;

      (E) the mode of verification in order to ensure that data has been accurately transferred to such removable media;

      (F) the mode of identification of such data storage devices;

      (G) the arrangements for the storage and custody of such storage devices;

      (H) the safeguards to prevent and detect any tampering with the system; and

      (I) any other factor which will vouch for the integrity and accuracy of the system.

      (c) a further certificate from the person in-charge of the computer system to the effect that to the best of his knowledge and belief, such computer system operated properly at the material time, he was provided with all the relevant data and the printout in question represents correctly, or is appropriately derived from, the relevant data.”

      Contact the bankers concerned for further details and help.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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