• Bank account statement leakage

My bank account statement in ICICI bank has been provided by bank employee to a third person without taking my consent.
Bank has accepted that the statement has been provided to a third party without my consent.

If I have to file a criminal case on bank employee who has provided statement to unknown person, would loke to know under which law or section says that bank is not allowed to give personal details or account statement to a third party without customer consent. I need proper law reference to file PCR in court.
Asked 1 year ago in Criminal Law
Religion: Hindu

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7 Answers

Calcutta HC  has held that t is an implied term of the contract between a banker and his customer that the banker will not divulge to third persons, without the consent of the customer, express or implied, either the state of the customer’s account, or any of his transactions with the bank or any information relating to the customer acquired through the keeping of his account, unless the banker is compelled to do so by order of a Court, or the circumstances give rise to a public duty of disclosure or the protection of the banker’s own interests requires 

 

2) in the case of Kattabomman Transport Corporation Ltd. v. State Bank of India AIR 1992 Ker 351, it was held that among the duties of the banker towards the customer is the duty of secrecy. Such duty is a legal one arising out of the contract and is not merely a moral one.


 

3) you can file complaint against bank before consumer forum and seek compensation for having divulged your bank statement without your consent 

Ajay Sethi
Advocate, Mumbai
97476 Answers
7880 Consultations

There is no specific enactment or legal provision which defines customer's secrecy. It is under the banking practice and law, where maintaining customer's secrecy is a paramount duty of a banker. There are so many case laws on the topic. Seek your lawyer's guidance. 

Swaminathan Neelakantan
Advocate, Coimbatore
2959 Answers
20 Consultations

First you need to prove that the same has given illegally to him. The criminal section can be 406 IPC 

Prashant Nayak
Advocate, Mumbai
32837 Answers
209 Consultations

- As per the guidelines of RBI , The bankers' obligation to maintain the secrecy arises out of the contractual relationship between the banker and customer, and as such no information should be divulged to third parties except under circumstances which are well define.

 - Hence, you can file a complaint against the said bank before the Consumer forum and to the police . 

 

Mohammed Shahzad
Advocate, Delhi
14751 Answers
224 Consultations

The personal information collected by the Bank shall not be disclosed to any other organization except: where the disclosure has been agreed in a written contract or otherwise between the Bank and the customer.

The bankers' obligation to maintain the secrecy arises out of the contractual relationship between the banker and customer, and as such no information should be divulged to third parties except under circumstances which are well defined.

Customers can also sue banks for harassment under various laws, including the Indian Penal Code, 1860, the Consumer Protection Act, 1986, the Banking Regulation Act, 1949, and the Information Technology Act, 2000

T Kalaiselvan
Advocate, Vellore
87674 Answers
2354 Consultations

Hi, It is a confidential information they can't share it 3rd parties. It is better lodge police complaint. If the police is refused to register the same then you can file PCR in the Court.

 

[2] On the other hand you can also approach to the consumer commission and so also you can lodge complaint in Banking ombudsman  of RBI.

Pradeep Bharathipura
Advocate, Bangalore
5617 Answers
338 Consultations

Dear client,

 

In India, the unauthorized disclosure of personal financial information by a bank employee can be considered a breach of confidentiality and might fall under several laws. 

1. Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011: These rules specify certain requirements for sensitive personal data or information and how it should be handled. Disclosure of personal financial information without consent might violate these rules.

2. Banking Regulation Act, 1949: Section 47 of this Act mandates that a bank must maintain the secrecy of its customers' accounts. Unauthorized disclosure of account information could contravene this provision.

3. The Indian Penal Code (IPC): Sections such as 405 (Criminal breach of trust), 408 (Criminal breach of trust by clerk or servant), 420 (Cheating), and 499 (Defamation) might be relevant depending on the circumstances of the case.

4. The Right to Privacy: The Supreme Court of India has recognized the right to privacy as a fundamental right under Article 21 of the Indian Constitution. Unauthorized disclosure of personal financial information might be seen as a violation of this right.

To initiate legal action, you would typically need to file a complaint with the police, providing evidence and details of the incident. The police will investigate the matter, and if they find sufficient grounds, they might register an FIR (First Information Report) against the responsible party. You can reach out to us for further assistance

Anik Miu
Advocate, Bangalore
10376 Answers
121 Consultations

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