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Criminal Procedure Code QUESTION #9486
Question 1
A decree-holder A wishes to attach a sum of Rs. 500,000 kept in a bank account belonging to the judgment-debtor B, which was earned by B as salary and deposited over time. B argues that salary is exempt from attachment. Can the bank balance representing accumulated salary be attached?
  • Yes; once salary has been received and deposited in a bank account, it loses its character as salary and becomes an ordinary debt recoverable from the bank, which is attachable✔️
  • Yes; but only with the permission of the State Bank of Pakistan
  • No; bank accounts can never be attached in execution
  • No; salary retains its exempt character even after being deposited in a bank
Correct Answer Explanation
The exemption under Section 60(1)(i) CPC applies to salary before and until it is actually payable; once salary has been paid and deposited in a bank, it is converted into a debt due from the bank and loses its exempt character, becoming attachable in execution.