Arrest, detention and attachment (Order XXI and XXXVIII)

A man in Thane owes a supplier ₹8 lakh under a decree, and every month his salary lands in his bank account and is spent. Can the court send a bailiff to the bank? Can it take a slice of the salary? Can it put him in jail? The answers are yes, yes and only with great care. Indian law lets a court reach a debtor's person and property in execution, but hedges each step with exemptions and safeguards. This topic is about where the lines are drawn, and about the earlier stage, before judgment, where a court can freeze a defendant's assets to keep a future decree from becoming worthless.

In two minutes

In execution the court may arrest and detain a judgment-debtor (ss.55-59; O.XXI rr.37-40) or attach his property (s.60; O.XXI rr.41-59), and before judgment it may require security or attach property under Order XXXVIII, all subject to statutory exemptions and safeguards.

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