ICICI Bank v. Official Liquidator of APS Star Industries
Rule established
Electronic bank statements are admissible as evidence if accompanied by S.65B certificate under the Indian Evidence Act
Facts
- ICICI Bank sought to prove its claim against a company in liquidation using computer-generated bank statements
- The Official Liquidator objected to admissibility of electronic records without proper certification
- The bank argued that bank statements are regularly maintained records and should be admitted without additional formality
Issue
- Whether electronic bank statements (computer printouts) require a S.65B certificate under the Indian Evidence Act, 1872 for admissibility.
Held
- The Court held that electronic records, including computer-generated bank statements, are admissible under S.65B of the Indian Evidence Act subject to conditions: (a) produced by a computer regularly used, (b) information fed in the ordinary course of activity, (c) computer in proper working order, and (d) certified by a person in charge. Banks must maintain proper electronic audit trails and produce S.65B certificates when tendering electronic records in evidence.
Ratio Decidendi
Computer-generated bank records are admissible as evidence only if accompanied by a certificate under S.65B of the Indian Evidence Act, certifying compliance with the prescribed conditions regarding regular use, proper operation, and accurate reproduction.
How to use it in an exam
Use for questions on e-banking evidence, IT impact on banking, and proof of electronic transactions. Key line: "Electronic bank statements require S.65B certificate for admissibility; banks must maintain proper electronic audit trails."
Source
Source: SCC Online
This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.