ICICI Bank v Official Liquidator of APS Star Industries

• 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

1. Whether electronic bank statements (computer printouts) require a S.65B certificate under the Indian Evidence Act, 1872 for admissibility.

• 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.

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.