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Banker’s Duty of Secrecy

One of the implied terms of contract – obliged to keep the affairs of his customer secret – even after the a/c is closed & extends after customer’s death. Duty is legal one, not merely moral – breach of it would result in damages – nominal or substantial.

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Exception To Duty of Secrecy

A.Disclosure is under compulsion of law.B.Where there is a duty to the public to disclose.C.Where the interest of bank requires disclosure.D.Where the disclosure is made by express or implied consent of the customer.

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A. Disclosure under compulsion of law.

i. Under Banker’s Books Evidence Act 1891.ii. Summons by civil & criminal courts to

produce Documents / Tender oral Evidence & Notices by Public officials for production of Documents.

iii.Under Income Tax Act 1961.iv. Under other statutor(a) Companies Act (b) Gift tax Act(c )Estate Duty Act (d)Wealth Tax Act (e) RBA Act 1934 (f) BRA 1949

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B. Where there is a Duty to the Public to disclose No case in this regard. Not to be taken lightly.

C. Where the Interest of bank requires disclosure

To the guarantor when banker wishes to recover his dues.

D. Disclosure by Express or Implied Consent of Customer

In writing from customer

E. Inquires of other Banks

Established practice & implied consent of customer is presumed.

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Mr.B.J.Ved

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Mr.B.J.Ved