The Ministry of Law and Justice, on August 13, 2026, notified the Bankers’ Books Evidence Act, 2026, to replace the Bankers’ Books Evidence Act, 1891, and align the legal framework for evidentiary use of bankers’ books with contemporary digital banking practices. The Act recognises bankers’ books maintained in physical, electronic, digital, virtual or cloud-based formats, including backup and disaster-recovery locations.
The following has been stated:
The Act provides that certified copies of entries in bankers’ books may be admitted as prima facie evidence in legal proceedings. For electronic or digital records, specific conditions have been prescribed, including regular operation of the computer system, authorised data entry, adequate safeguards against unauthorised alteration, secure data transfer and storage, absence of tampering, and appropriate cybersecurity safeguards.
Certificates accompanying copies of bankers’ book records may be authenticated through manual, digital or electronic signatures by the branch head, office head or another duly authorised bank officer. The Central Government may also extend the Act to entities or classes of entities operating in the financial sector.
The Act further provides safeguards regarding production of bankers’ books in legal proceedings, permits courts to order inspection and production of certified copies, and allows specified police officers to exercise relevant powers during investigations. It also repeals the Bankers’ Books Evidence Act, 1891, while preserving specified rights, liabilities, proceedings and actions arising under the repealed law.
Please refer to the document attached below for more details.
