Inspection of Bankers’ Books under Section 18 PC Act

Section 18 gives a competent investigating officer access to bankers’ books where there is reason to suspect a PC Act offence and inspection is necessary for investigation or inquiry.

Scope of access

The power extends to accounts of the suspected person and another person suspected of holding money on that person’s behalf. The officer may inspect relevant books and take certified copies. The bank is bound to assist.

Rank safeguard

An officer below Superintendent of Police cannot exercise the power concerning a person’s accounts unless specially authorised by an officer of or above that rank. The file should record necessity, relevance and authorisation.

Privacy and relevance

Section 18 is a statutory intrusion into financial privacy, not a general licence to collect every customer record. Requests should identify accounts, period and investigative connection. Data of unrelated customers and transactions should be protected.

Digital banking evidence

Core banking extracts, account-opening documents, IP logs and transfer records require authenticity and chain of custody. Certified bank records may receive statutory evidentiary treatment, while electronic outputs must also satisfy applicable evidence law.

Defence review

The accused should test whether credits were double counted, internal transfers treated as income, account ownership assumed from use, and incomplete statements used. A financial-flow chart should reconcile source, destination and beneficial control.

Section 18 facilitates tracing, but lawful access and accurate interpretation are equally necessary for reliable corruption evidence.

Sources

Prevention of Corruption Act, 1988, Section 18: https://indiacode.nic.in/bitstream/123456789/9317/1/corruptiona1988-49.pdf

Bankers’ Books Evidence Act, 1891.

Bharatiya Sakshya Adhiniyam, 2023: https://www.indiacode.nic.in/handle/123456789/20063

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