Section 177
of Evidence Act
Section 177
(1)
Subject to this section, a copy of entry or matter recorded in a banker’s record shall, on its production without further proof, be admitted in any proceedings as prima facie evidence of the matters, transactions and accounts therein recorded if —
(a)
it is proved that —
(i)
the entry was made or matter recorded in the ordinary course of business; and
(ii)
the record is in the custody or control of the bank; and
Evidence
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(b)
except in the case of a copy made by any photographic process and subject to subsection (3), it is proved by some person who has examined the copy with the original entry, that the copy has been examined with the original entry and is correct.
(2)
A bank or officer of a bank shall not, in any proceedings other than proceedings instituted by or against the bank, be compelled to produce any banker’s record the contents of which can be proved under this section, or to appear as a witness to prove the matters, transactions or accounts therein recorded, except —
(a)
in civil proceedings, by order of a judge made for special cause;
(b)
in criminal proceedings, by order of the court of trial.
(3)
In the case of a banker’s record kept by means of a computer, it shall not be necessary to prove the matters referred to in subsection (1)(b) in relation to a document produced by the computer which is tendered in evidence under this section as a copy of a matter recorded therein if it is proved that —
(a)
the document was so produced under the direction of a person having practical knowledge of and experience in the use of computers as a means of storing, processing or retrieving information;
(b)
during the period when the computer was used for the purpose of keeping such record, appropriate measures were in force for preventing unauthorised interference with the computer; and
(c)
during the period, and at the time that the document was produced by the computer, the computer was operating properly or, if not, that any respect in which it was not operating properly or was out of operation was not such as to affect the production of the document or the accuracy of its contents.
and in this subsection “computer” has the same meaning as in section 35A(8).
Evidence 112 CAP.
(4)
In any proceedings, the matters referred to in subsection (1)(a)
and (b) and in subsection (3)(a), (b) and (c) in relation to a banker’s record may be proved, orally or by affidavit, by any officer of the bank, and any such affidavit shall, on its production without further proof, be admitted in evidence and may include an explanation of the contents of the copy of any entry or matter recorded in such banker’s record which is tendered in evidence or any abbreviations, symbols or other markings appearing in such copy that may be relevant in the proceedings, and a description of the banker’s record, its nature and use, and the procedures followed in keeping it; and for the purposes of this subsection it shall be sufficient for a matter referred to in subsection (1)(a)(i) or in subsection (3)(c) to be stated in an affidavit to the best of the knowledge and belief of the person making the affidavit.
(5)
In relation to any criminal proceedings, this section shall apply to any document or record used in the ordinary business of a body designated by the Minister of Finance under section 179 for the purposes of such criminal proceedings as it applies to a banker’s record, and a reference in this section to a bank shall, in its application to such document or record, be construed as a reference to the body so designated.
Application of section 177 to banks that have ceased business.