What changed
Following a Maharashtra Civil Judge's observation, RBI has issued a circular reminding all UCBs that computer-stored data submitted as evidence in courts must be accompanied by a certificate as prescribed under Section 2A(a) and (b) of the Bankers' Books Evidence Act, 1891. This is not a new law but a reinforcement of existing statutory requirements.
What it means for you
UCBs must now ensure that any computer printout or digital record presented in court is certified as per the Act, or it may not be admitted as evidence. This adds a procedural step for banks when responding to court summons or producing records in litigation. Non-compliance could weaken the bank's legal position in disputes.
What you must do
- Train legal and compliance teams on the certificate format under Section 2A(a) and (b) of the Bankers' Books Evidence Act, 1891.
- Update internal procedures to attach the statutory certificate whenever computer printouts or digital records are submitted to courts.
- Audit recent court submissions to ensure compliance and rectify any missing certificates.
- Coordinate with IT to generate printouts that can be easily certified as per the Act.
Who it affects
All Primary (Urban) Co-operative Banks, Legal and compliance departments of UCBs, IT teams handling record retrieval and printouts
What is the certificate required under Section 2A(a) and (b) of the Bankers' Books Evidence Act?
The certificate must confirm that the printout is from the bank's computer system, that it was produced in the ordinary course of business, and that the system was working properly at the time. The exact format is prescribed in the Act.
Does this circular apply to all banks or only UCBs?
This specific circular is addressed to all Primary (Urban) Co-operative Banks. However, similar provisions under the Bankers' Books Evidence Act apply to all banks, so other banks should also ensure compliance.
What happens if we submit a computer printout without the certificate?
The court is not obliged to admit the document as evidence without further proof. This could delay proceedings or weaken your case.