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Surya (Manager)     19 September 2012

Online bank statement's validity in court

Hi, My wife filed a false 498a against me and my family. I spent lot of money for my brother-in-law's foreign education and sent money to my fater-in-law. I did everything through bank transfers/credit card payments. I've online statements that were downloaded to prove this. My concern is whether these online statements are valid in my case in court or do I need to get these statements directly from the banks. I am an NRI and all these transactions were done through US banks. Thanks in advance!!


 3 Replies

Tajobsindia (Senior Partner )     19 September 2012

1. If the print out contains Header and Footer of SSL website of the Bank then simply annex it to an Oath Affidavit stating that the annexed page no. X till page no. Z of deponent affidavit are true and correct to the best of his knowledge and belief and nothing has been concealed therefrom.

2. By virtue of an amendment and insertion of S's. 65A and 65B of the Evidence Act a special provision as to evidence relating to electronic record and admissibility of electronic records has been introduced with effect from 17th October, 2000.


valentine thakkar (advocate)     19 September 2012

Sec. 65B inserted by the Amendment Act of 2000 lays down that all computer printouts are also documents and the court must admit them  in direct evidence without further proof. There are two conditions attached to it 1) that the computer must be used to store such matters and 2) the user of the computer must be authorised to use and take out the prints. Thus, no further proof is required. Even in the bank statements issued to the account holder or any other electronic communication at the end it is written that this is a computer generated copy and does not requirted authorised signature.

stanley (Freedom)     20 September 2012

You can very well approach the bank and get a certified copy with the bank seal  of the  transcations  details of your bank account which would be valid in court  and you can sumbit the same in court .As regards to email eviedence it can be disputed since 


Amendements in the evidence act 2000 and passing of the information technology act 2000The condition for admissibility of electronic records as per section 65 B is as follows The computer was regularly used by the person having lawfull control over the use of the computer . The information required or derived was regularly used feed into the computer  I the ordinary course of the said activities .The computer was operating properly or if not did not affect the electronic record or the accuracy of the record and its contents .Section 88 A states that an email/record  sent  , by the originator is the same as the one that is received.

The entire emphasis is on the computer . and not on the data that is retrieved from it .Email data is not stored on the computer but on the server and now that torrents have come into use the data exists only on the internet and not on any specific  computer .The second problem is accepting email as analogues compared to ordinary mail .Mail is not stolen diverted or lost but spontenously deletes itself due to virus.Between one letter and the next the sorting office deltes itself and relocates to another country .( Hence jurdiscation ) A mail is altered its envelope changed the post mark tampered  and no physical evidence is produced as the ip addres may vary from place to place .A single letter is delivered to multiple recipients and hence may appear different to two different viewers .Hence  Its is very difficulty  to prove emails/records  as evidence although accepted .

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