mistaken credit bank

Mistaken Credit to a Bank Account: Legal Position

Pakistan’s banking sector is experiencing a fast pace digital transformation, which includes inception of new digital banks as well as digitalization of the banking services, like Raast, Roshan Digital Accounts etc. Nevertheless, this digitalization sometimes causes technology mistakes / errors in the banking systems as well. One such issue, though to a little extent, is the matter of mistakenly credited amounts to the customers’ accounts, due to system glitches. And unluckily, it is rare that the customers, who are beneficiaries of such mistaken credits, ever bother to intimate the banks about it or return the mistakenly credited amounts. The recovery of such amounts is though legally possible, however, since it is civil cause action, falling within the jurisdiction of civil courts, therefore, it becomes cumbersome for the banks to recover such amounts, easily and speedily. Needless to mention that the subject recovery does not fall within the jurisdiction of the Banking Courts and hence, speedy trial / summary procedure trial is not available for this kind of recovery. In addition, it is also difficult in these cases to have the support of the law enforcement agencies, due to some legal framework’s problems.

Luckily, a learned Judge of the Lahore High Court Lahore has recently passed a remarkable judgement on the subject matter, which will support the banks, in such matters. The judgement is regarding a case, where a bank’s system mistakenly credited a significant amount to one of its customers, who utilized a major portion of the amount . The bank pursued the customer and he gave a cheque for the amount involved. The cheque was later bounced, due to insufficient funds in the account and the bank then lodged FIR against him under Section 489-F. He was arrested and his bail was refused by the lower Court, against which he approached the High Court.

The High Court observed that the amount received by customer was not meant to be utilized by him, but it was to be retained and preserved by him for return back to the bank. The Honourable Court further observed that the customer was supposed and required to inform the sender/bank regarding the error and make arrangements for its return to the owner/bank. Furthermore, the Honourable Court observed that as soon as the customer became in a position to exercise his control over the property, the property stood entrusted to him impliedly, but he instead of returning the same to its owner/bank, withdrew significant amount and embezzled the same, as such offence punishable under Section 406 of PPC was fully attracted against him.

This case will become a precedent that if a bank customer receives mistakenly credited amount in his account and utilizes it, then it will be an offence of Breach of Trust, under Section 406 of Pakistan Penal Code. The Judgement is reported as PLJ 2025 Cr. C 797 LHC.

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The cloud-based system allows forecasters to monitor risks associated with floods, droughts and other extreme weather events with greater accuracy than ever before. In addition, a smart flash flood early warning system developed by a Chinese-Pakistani research team has been deployed in Khyber-Pakhtunkhwa’s Swat Valley and a district of Punjab. However, these improvements regarding flood preparedness remain inconsistent and uneven across the country. Population surge, rapid and unregulated urbanization, deforestation, encroachment on floodplains and deficient drainage systems have further enhanced Pakistan’s exposure to flood hazards. Many flood protection structures need rehabilitation, while aging dams, canals and drainage systems continue to face maintenance issues. Urban drainage remains inadequate in several large cities, increasing the likelihood of severe urban flooding during intense rainfall. Moreover, despite progress, Pakistan’s disaster management system still faces several structural fragilities. First, disaster management remains greatly focused on emergency response instead of long-term risk diminution. Second, coordination among federal, provincial and local governments often becomes inconsistent during emergencies. Third, many local governments lack the financial resources, trained personnel and equipment needed for efficient disaster readiness. Rural areas in all the provinces often struggle with inadequate emergency infrastructure. Finally, climate adaptation financing remains below the scale required to address the country’s surging climate risks. Despite international support, Pakistan’s climate adaptation needs continue to exceed available resources. Another major challenge is the uncertainty caused by India’s unilateral suspension of the Indus Waters Treaty in 2025, which has stopped the sharing of critical river flow data. This move has forced Pakistani authorities to rely on less credible sources, including social media, to make flood assessments. The state of public awareness and preparedness, particularly at the community level, also remains weak. A 2025 scientific study “Assessing societal perceptions and adaptive responses to GLOF and related hazards in the upper Indus Basin, Pakistan”, found significant public awareness and training gaps, with 30.55% of respondents highlighting deficiencies in existing hazard management practices. Furthermore, 98.15% of participants acknowledged that climate change and global warming are major contributors to GLOF events, but this awareness has not translated into adequate preparedness. Another study of rural communities in southern Punjab found high attitudinal vulnerabilities linked to “poorly perceived flood risks and low preparedness measures”. The 2025 floods provided a stark reminder of these gaps. Despite advanced warning systems, over 842 lives were lost, 1.2 million people were displaced and more than 4 million were affected. Local communities often serve as the first responders, and their knowledge about disasters is vital, yet their input is frequently unheeded in formal disaster management. In view of these gaps, Pakistan needs to move beyond reactive aid towards a strategy of real-time planning and community engagement. Disaster experts argue that Pakistan still spends more resources responding to disasters than preventing them. Long-term flood resilience requires investments in climate adaptation rather than emergency relief alone. In this regard, priority areas include restoring forests in upper watersheds; protecting wetlands that naturally store floodwater; expanding urban green spaces; modernizing drainage systems; strengthening dams, levees and embankments; enforcing zoning laws to prevent settlement in flood-prone areas; promoting climate-smart agriculture; expanding crop insurance and disaster insurance; and improving early warning systems at village level. The expected floods of 2026 should be viewed as another warning that climate resilience is no longer optional but a national imperative. By coalescing scientific forecasting, efficient governance, informed citizens and long-term planning, Pakistan can minimize future losses and better protect both lives and livelihoods in an era of mounting climate uncertainty. The looming monsoon season of 2026 will be a critical test of whether the lessons of previous disasters have been learned and acted upon in time.

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