THE INDIAN CHRISTIAN MARRIAGE ACT, 1872

1
THE INDIAN CHRISTIAN MARRIAGE ACT, 1872
________
ARRANGEMENT OF SECTIONS
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PREAMBLE
PRELIMINARY
SECTIONS
1. Short title.
Extent.
2. [Repealed.]
3. Interpretation-clause.
PART I
THE PERSONS BY WHOM MARRIAGES MAY BE SOLEMNIZED
4. Marriages to be solemnized according to Act.
5. Persons by whom marriages may be solemnized.
6. Grant and revocation of licenses to solemnize marriages.
7. Marriage Registrars.
Senior Marriage Registrar.
Magistrate when to be marriage Registrar.
8. [Omitted.]
9. Licensing of persons to grant certificates of marriage between Indian Christians.
PART II
TIME AND PLACE AT WHICH MARRIAGES MAY BE SOLEMNIZED
10. Time for solemnizing marriage.
Exceptions.
11. Place for solemnizing marriage.
Fee for special license.
PART III
MARRIAGES SOLEMNIZED BY MINISTERS OF RELIGION LICENSED UNDER THIS ACT
12. Notice of intended marriage.
13. Publication of such notice.
Return or transfer of notice.
14. Notice of intended marriage in private dwelling.
15. Sending copy of notice to Marriage Registrar when one party is a minor.
16. Procedure on receipt of notice.
17. Issue of certificate of notice given and declaration made.
Proviso.
18. Declaration before issue of certificate.
19. Consent of father, or guardian, or mother.
20. Power to prohibit by notice issue of certificate.
21. Procedure on receipt of notice.
22. Issue of certificate in case of minority.
23. Issue of certificates to Indian Christians.
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SECTIONS
24. Form of certificate.
25. Solemnization of marriage.
26. Certificate void if marriage not solemnized within two months.
PART IV
REGISTRATION OF MARRIAGES SOLEMNIZED BY MINISTERS OF RELIGION
27. Marriages when to be registered.
28. Registration of marriages solemnized by Clergymen of Church of England.
29. Quarterly returns to Archdeaconry.
Contents of returns.
30. Registration and returns of marriages solemnized by Clergymen of Church of Rome.
31. Registration and returns of marriages solemnized by Clergymen of Church of Scotland.
32. Certain marriages to be registered in duplicate.
33. Entries of such marriages to be signed and attested.
34. Certificate to be forwarded to Marriages Registrar, copied and sent to Registrar General.
35. Copies of certificates to be entered and numbered.
36. Registrar to add number of entry to certificate, and send to Registrar General.
37. Registration of marriages between Indian Christians, by persons referred to in clauses (1), (2) and
(3) of section 5.
Custody and disposal of register-book.
PART V
MARRIAGES SOLEMNIZED BY, OR IN THE PRESENCE OF, A MARRIAGE REGISTRAR
38. Notice of intended marriage before Marriage Registrar.
39. Publication of notice.
40. Notice to be filed and copy entered in Marriage Notice Book.
41. Certificate of notice given and oath made.
Proviso.
42. Oath before issue of certificate.
43. Petition to High Court to order certificate in less than fourteen days.
Order on petition.
44. Consent of father or guardian.
Protest against issue of certificate.
Effect of protest.
45. Petition where person whose consent is necessary is insane, or unjustly withholds consent.
Procedure on petition.
46. Petition when Marriage Registrar refuses certificate.
Procedure on petition.
47. [Omitted.]
48. Petition when Registrar doubts authority of person forbidding.
Procedure on petition.
49. Liability for frivolous protest against issue of certificate.
50. Form of certificate.
51. Solemnization of marriage after issue of certificate.
52. When marriage not had within two months after notice, new notice required.
53. Marriage Registrar may ask for particulars to be registered.
54. Registration of marriages solemnized under part V.
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SECTIONS
55. Certificates to be sent monthly to Registrar General.
Custody of register-book.
56. [Omitted.]
57. Registrars to ascertain that notice and certificate are understood by Indian Christians.
58. Indian Christians to be made to understand declarations.
59. Registration of marriages between Indian Christians.
PART VI
MARRIAGE OF INDIAN CHRISTIANS
60. On what conditions marriages of Indian Christians may be certified.
61. Grant of certificate.
62. Keeping of register-book and deposit of extracts therefrom with Registrar General.
63. Searches in register-book and copies of entries.
64. Books in which marriages Indian Christians under Part I or Part III are registered.
65. Part VI not to apply to Roman Catholics.
Saving of certain marriages.
PART VII
PENALTIES
66. False oath, declaration, notice or certificate for procuring marriage.
67. Forbidding, by false personation issue of certificate by Marriage Registrar.
68. Solemnizing marriage without due authority.
69. Solemnizing marriage out of proper time, or without witnesses.
Saving of marriages solemnized under special licence.
70. Solemnizing without notice or within fourteen days after notice, marriage with minor.
71. Issuing certificate, or marrying, without publication of notice;
Marrying after expiry of notice;
Solemnizing, marriage with minor within fourteen days, without authority of Court, or without
sending copy of notice;
issuing certificate against authorized prohibition;
72. Issuing certificate after expiry of notice, or, in case of minor, within fourteen days after notice, or
against authorized prohibition.
73. Persons authorized to solemnize marriage (other than Clergy of Churches of England, Scotland or
Rome);
issuing certificate, or marrying, without publishing notice, or after expiry of
certificate;
issuing certificate for, or solemnizing, marriage with minor, within fourteen days after notice;
issuing certificate authorizedly forbidden;
solemnizing marriage authorizedly forbidden;
74. Unlicensed person granting certificate pretending to be licensed.
75. Destroying or falsifying register-books.
76. Limitation of prosecutions under Act.
PART VIII
MISCELLANEOUS
77. What matters need not be proved in respect of marriage in accordance with Act.
78. Corrections of errors.
79. Searches and copies of entries.
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SECTIONS
80. Certified copy of entry in marriage register, etc., to be evidence.
81. Certificates of certain marriages to be sent to Central Government.
82. State Government to prescribe fees.
83. Power to make rules.
84. [Omitted.]
85. Power to declare who shall be District Judge.
86. [Omitted.]
87. Saving of Consular marriages.
88. Non-validation of marriages within prohibited degrees.
SCHEDULE I.—NOTICE OF MARRIAGE.
SCHEDULE II.—CERTIFICATE OF RECEIPT OF NOTICE.
SCHEDULE III.—FORM OR REGISTER OF MARRIAGES.
SCHEDULE IV.—MARRIAGE REGISTER-BOOK.
CERTIFICATE OF MARRIAGE.
SCHEDULE V.—[Repealed.]
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THE INDIAN CHRISTIAN MARRIAGE ACT, 1872
ACT NO. 15 OF 1872
[18th July, 1872.]
An Act to consolidate and amend the law relating to the solemnization in India of the marriages
of Christians.
PREAMBLE.—WHEREAS it is expedient to consolidate and amend the law relating to the solemnization
in India of the marriages of persons professing the Christian religion;
It is hereby enacted as follows:—
PRELIMINARY
1. Short title.—This Act may be called the Indian Christian Marriage Act, 1872.
Extent.—
1
[It extends to the whole of India 2
[except 3
[the territories which, immediately before the 1st
November, 1956, were comprised in the States] of Travancore-Cochin, Manipur and Jammu and
Kashmir].] 4
5
* * * * *
2. [Enactments repealed.]—Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and the Schedule.
3. Interpretation clause.—In this Act, unless there is something repugnant in the subject or
context,—
“Church of England” “Anglican”.—mean and apply to the Church of England as by law
established;
“Church of Scotland”.—means the Church of Scotland as by law established;
“Church of Rome” “Roman Catholic”.—mean and apply to the Church which regards the Pope of
Rome as its spiritual head;
“Church”.—includes any chapel or other building generally used for public Christian worship;
6
[“India”.—means the 7
[territories] to which this Act extends;]
“minor”.—“minor” means a person who has not completed the age of twenty-one years and who is
not a widower or a widow;
8
* * * * *
“Christians”.—the expression “Christians” means persons professing the Christian religion;
“Indian Christians”.—9
[and the expression “Indian Christians” includes the Christian descendants of
natives of India converted to Christianity, as well as such converts;]

1. Subs. by A.O. 1950 for the second para., as amended by A. O. 1937 and A.O. 1948: [NOTE: The Act does not extend to the
State of Manipur, vide Act 30 of 1950, s. 3(2A) and Sch. As amended by Act 68 of 1956, s. 2. The Act has been extended to
and brought into force in Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and Sch. I.]
2. Subs. by Act 3 of 1951, s. 3 and Sch., for “except Part B States”.
3. Subs. by the Adaption of Laws (No. 2) Order, 1956, for “the States”.
4. In its application to Pondicherry, in section 1, the following proviso shall be added at the end of section 1—
“Provided that nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry.”—
(vide Act 26 of 1968).
5. The commencement cl. rep. by Act 16 of 1874, s. 1 and the Schedule.
6. Ins. by Act 3 of 1951, s. 3 and Sch.
7. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “territory comprised in the States”.
8. The definition of “Native State” omitted. by the A. O. 1937.
9. Subs. by A. O. 1950, for the definition.
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1
[“Registrar General of Births, Deaths and Marriages”.—means a Registrar General of Births,
Deaths and Marriages appointed under the Births, Deaths and Marriages Registration Act, 1886
(6 of 1886).]
PART I
THE PERSONS BY WHOM MARRIAGES MAY BE SOLEMNIZED
4. Marriages to be solemnized according to Act.—Every marriage between persons, one or both of
whom is 2
[or are] a Christian or Christians, shall be solemnized in accordance with the provisions of the
next following section; and any such marriage solemnized otherwise than in accordance with such
provisions shall be void.
5. Persons by whom marriages may be solemnized.—Marriages may be solemnized in 3
[India]—
(1) by any person who has received episcopal ordination, provided that the marriage be solemnized
according to the rules, rites, ceremonies and customs of the Church of which he is a Minister;
(2) by any Clergyman of the Church of Scotland, provided that such marriage be solemnized
according to the rules, rites, ceremonies and customs of the Church of Scotland;
(3) by any Minister of Religion licensed under this Act to solemnize marriages;
(4) by, or in the presence of, a Marriage Registrar appointed under this Act;
(5) by any person licensed under this Act to grant certificates of marriage between 4
[Indian
Christians].
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[6. Grant and revocation of licenses to solemnize marriages.—The State Government, so far as
regards the territories under its administration, 6
*** may, by notification in the Official Gazette 7
** *,
grant licenses to Ministers of Religion to solemnize marriages within such territories 8
* * * and may, by a
a like notification revoke such licenses.]
7. Marriage Registrars.—The State Government may appoint one or more Christians, either by
name or as holding any office for the time being, to be the Marriage Registrar or Marriage Registrars for
any district subject to its administration.
Senior Marriage Registrar.—Where there are more Marriage Registrars than one in any district, the
State Government shall appoint one of them to be the Senior Marriage Registrar.
Magistrate when to be Marriage Registrar.—When there is only one Marriage Registrar in a
district, and such Registrar is absent from such district, or ill, or when his office is temporarily vacant, the
Magistrate of the district shall act as, and be, Marriage Registrar thereof during such absence, illness, or
temporary vacancy.
8. [Marriage Registrars in Indian States.]—Omitted by the A. O. 1950.
9. Licensing of persons to grant certificates of marriage between Indian Christians.—The State
Government 9
* * * may grant a license to any Christian, either by name or as holding any office for the
time being, authorizing him to grant certificates of marriage between 4
[Indian] Christians.
Any such license may be revoked by the authority by which it was granted, and every such grant or
revocation shall be notified in the Official Gazette.

1. Ins. by Act 6 of 1886, s. 30.
2. Ins. by Act 12 of 1891, s. 2 and the Second Schedule.
3. Subs. by Act 3 of 1951, s. 3 and Sch., for “Part A States and Part C States”.
4. Subs. by the A. O. 1950, for “Native Christians”.
5. Subs. by Act 2 of 1891, s. 1, for s. 6.
6. The words “and the Central Government, so far as regards any Indian State” omitted by the A. O. 1950.
7. The words “or in the Gazette of India, as the case may be” omitted by the A. O. 1937.
8. The words “and State, respectively,” omitted by the A. O. 1950.
9. The words and brackets “or (so far as regard any Indian State) the Central Government” omitted by the A. O. 1950.
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PART II
TIME AND PLACE AT WHICH MARRIAGES MAY BE SOLEMNIZED
10. Time for solemnizing marriage.—Every marriage under this Act shall be solemnized between
the hours of six in the morning and seven in the evening:
Exceptions.—Provided that nothing in this section shall apply to—
(1) a Clergyman of the Church of England solemnizing a marriage under a special license permitting
him to do so at any hour other than between six in the morning and seven in the evening, under the hand
and seal of the Anglican Bishop of the Diocese or his Commissary, or
(2) a Clergyman of the Church of Rome solemnizing a marriage between the hours of seven in the
evening and six in the morning, when he has received a general or special license in that behalf from the
Roman Catholic Bishop of the Diocese or Vicariate in which such marriage is so solemnized, or from
such person as the same Bishop has authorized to grant such license, 1
[or
(3) a Clergyman of the Church of Scotland solemnizing a marriage according to the rules, rites,
ceremonies and customs of the Church of Scotland.]
11. Place for solemnizing marriage.—No Clergyman of the Church of England shall solemnize a
marriage in any place other than a church 2
[where worship is generally held according to the forms of the
Church of England],
unless there is no 2
[such] church within five miles distance by the shortest road from such place, or
unless he has received a special license, authorizing him to do so under the hand and seal of the
Anglican Bishop of the Diocese or his Commissary.
Fee for special license.—For such special license, the Registrar of the Diocese may charge such
additional fee as the said Bishop from time to time authorizes.
PART III
MARRIAGES SOLEMNIZED BY MINISTERS OF RELIGION LICENSED UNDER THIS ACT
12. Notice of intended marriage.—Whenever a marriage is intended to be solemnized by a Minister
of Religion licensed to solemnize marriages under this Act—
one of the persons intending marriage shall give notice in writing, according to the form contained in
the First Schedule hereto annexed, or to the like effect, to the Minister of Religion whom he or she desires
to solemnize the marriage, and shall state therein—
(a) the name and surname, and the profession or condition, of each of the persons intending
marriage,
(b) the dwelling-place of each of them,
(c) the time during which each has dwelt there, and
(d) the church or private dwelling in which the marriage is to be solemnized:
Provided that, if either of such persons has dwelt in the place mentioned in the notice during more
than one month, it may be stated therein that he or she has dwelt there one month and upwards.
13. Publication of such notice.—If the persons intending marriage desire it to be solemnized in a
particular church, and if the Minister of Religion to whom such notice has been delivered be entitled to
officiate therein, he shall cause the notice to be affixed in some conspicuous part of such church.
Return or transfer of notice.—But if he is not entitled to officiate as a Minister in such church, he
shall, at his option, either return the notice, to the person who delivered it to him, or deliver it to some
other Minister entitled to officiate therein, who shall thereupon cause the notice to be affixed as aforesaid.

1. Ins. by Act 2 of 1891, s. 2.
2. Ins. by s. 3, ibid.
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14. Notice of intended marriage in private dwelling.—If it be intended that the marriage shall be
solemnized in a private dwelling, the Minister of Religion, on receiving the notice prescribed in
section 12, shall forward it to the Marriage Registrar of the district, who shall affix the same to some
conspicuous place in his own office.
15. Sending copy of notice to Marriage Registrar when one party is a minor.—When one of the
persons intending marriage is a minor, every Minister receiving such notice shall, unless within
twenty-four hours after its receipt he returns the same under the provisions of section 13, send by the post
or otherwise a copy of such notice to the Marriage Registrar of the district, or, if there be more than one
Registrar of such district, to the Senior Marriage Registrar.
16. Procedure on receipt of notice.—The Marriage Registrar or Senior Marriage Registrar, as the
case may be, on receiving any such notice, shall affix it to some conspicuous place in his own office, and
the latter shall further cause a copy of the said notice to be sent to each of the other Marriage Registrars in
the same district, who shall likewise publish the same in the manner above directed.
17. Issue of certificate of notice given and declaration made.—Any Minister of Religion
consenting or intending to solemnize any such marriage as aforesaid, shall, on being required so to do by
or on behalf of the person by whom the notice was given, and upon one of the persons intending marriage
making the declaration hereinafter required, issue under his hand a certificate of such notice having been
given and of such declaration having been made:
Proviso.—Provided—
(1) that no such certificate shall be issued until the expiration of four days after the date of the receipt
of the notice by such Minister;
(2) that no lawful impediment be shown to his satisfaction why such certificate should not issue; and
(3) that the issue of such certificate has not been forbidden, in manner hereinafter mentioned, by any
person authorized in that behalf.
18. Declaration before issue of certificate.—The certificate mentioned in section 17 shall not be
issued until one of the persons intending marriage has appeared personally before the Minister and made
a solemn declaration—
(a) that he or she believes that there is not any impediment of kindred or affinity, or other lawful
hindrance, to the said marriage,
and when either or both of the parties is or are a minor or minors,
(b) that the consent or consents required by law has or have been obtained thereto, or that there is
no person resident in India having authority to give such consent, as the case may be.
19. Consent of father, or guardian, or mother.—The father, if living, of any minor, or, if the father
be dead. the guardian of the person of such minor, and, in case there be no such guardian, then the mother
of such minor, may give consent to the minor’s marriage,
and such consent is hereby required for the same marriage, unless no person authorized to give such
consent be resident in India.
20. Power to prohibit by notice issue of certificate.—Every person whose consent to a marriage is
required under section 19, is hereby authorized to prohibit the issue of the certificate by any Minister, at
any time before the issue of the same, by notice in writing to such Minister, subscribed by the person so
authorized with his or her name and place of abode and position with respect to either of the persons
intending marriage, by reason of which he or she is so authorized as aforesaid.
21. Procedure on receipt of notice.—If any such notice be received by such Minister, he shall not
issue his certificate and shall not solemnize the said marriage until he has examined into the matter of the
said prohibition, and is satisfied that the person prohibiting the marriage has no lawful authority for such
prohibition,
or until the said notice is withdrawn by the person who gave it.
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22. Issue of certificate in case of minority.—When either of the persons intending marriage is a
minor, and the Minister is not satisfied that the consent of the person whose consent to such marriage is
required by section 19 has been obtained, such Minister shall not issue such certificate until the expiration
of fourteen days after the receipt by him of the notice of marriage.
23. Issue of certificates to Indian Christians.—When any 1
[Indian Christians] about to be married
takes a notice of marriage to a Minister of Religion, or applies for a certificate from such Minister under
section 17, such Minister shall, before issuing the certificate, ascertain whether such 1
[Indian Christians]
is cognizant of the purport and effect of the said notice or certificate, as the case may be, and, if not, shall
translate or cause to be translated the notice or certificate to such 1
[Indian Christian] into some language
which he understands.
24. Form of certificate.—The certificate to be issued by such Minister shall be in the form contained
in the Second Schedule hereto annexed, or to the like effect.
25. Solemnization of marriage.—After the issue of the certificate by the Minister, marriage may be
solemnized between the persons therein described according to such form or ceremony as the Minister
thinks fit to adopt:
Provided that the marriage be solemnized in the presence of at least two witnesses besides the
Minister.
26. Certificate void if marriage not solemnized within two months.—Whenever a marriage is not
solemnized within two months after the date of the certificate issued by such Minister as aforesaid, such
certificate and all proceedings (if any) thereon shall be void,
and no person shall proceed to solemnize the said marriage until new notice has been given and a
certificate thereof issued in manner aforesaid.
PART IV
REGISTRATION OF MARRIAGES SOLEMNIZED BY MINISTERS OF RELIGION
27. Marriages when to be registered.—All marriages hereafter solemnized in 2
[India] between
persons one or both of whom professes or profess the Christian religion, except marriages solemnized
under Part V or Part VI of this Act, shall be registered in manner hereinafter prescribed.
28. Registration of marriages solemnized by Clergymen of Church of England.—Every
Clergyman of the Church of England shall keep a register of marriages and shall register therein,
according to the tabular form set forth in the Third Schedule hereto annexed, every marriage which he
solemnizes under this Act.
29. Quarterly returns to Archdeaconry.—Every Clergyman of the Church of England shall send
four times in every year returns in duplicate, authenticated by his signature, of the entries in the register of
marriages solemnized at any place where he has any spiritual charge, to the Registrar of the Archdeaconry
to which he is subject, or within the limits of which such place is situate.
Contents of returns.—Such quarterly returns shall contain all the entries of marriages contained in
the said register from the first day of January to the thirty-first day of March, from the first day of April,
to the thirtieth day of June, from the first day of July, to the thirtieth day of September, and from the first
day of October to the thirty-first day of December, of each year, respectively, and shall be sent by such
Clergyman, within two weeks from the expiration of each of the quarters above specified.
The said Registrar upon receiving the said returns shall send one copy thereof to the 3
[Registrar
General of Births, Deaths and Marriages].
30. Registration and returns of marriages solemnized by Clergymen of Church of
Rome.—Every marriage solemnized by a Clergyman of the Church of Rome shall be registered by the

1. Subs. by the A. O. 1950, for “Native Christians”.
2. Subs. by Act 3 of 1951, s. 3 and Sch., for “a Part A State or a Part C State”.
3. Subs. by Act 6 of 1886, s. 30, for “Secretary to the Local Government.”.
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person and according to the form directed in that behalf by the Roman Catholic Bishop of the Diocese or
Vicariate in which such marriage is solemnized,
and such person shall forward quarterly to the 1
[Registrar General of Births, Deaths and Marriages]
returns of the entries of all marriages registered by him during the three months next preceding.
31. Registration and returns of marriages solemnized by Clergymen of Church of
Scotland.—Every Clergyman of the Church of Scotland shall keep a register of marriages,
and shall register therein, according to the tabular form set forth in the Third Schedule hereto
annexed, every marriage which he solemnizes under this Act,
and shall forward quarterly to the 1
[Registrar General of Births, Deaths and Marriages], through the
Senior Chaplain of the Church of Scotland, returns, similar to those prescribed in section 29, of all such
marriages.
32. Certain marriages to be registered in duplicate.—Every marriage solemnized by any person
who has received episcopal ordination, but who is not a Clergyman of the Church of England, or of the
Church of Rome, or by any Minister of Religion licensed under this Act to solemnize marriages, shall
immediately after the solemnization thereof, be registered in duplicate by the person solemnizing the
same; (that is to say) in a marriage-register book to be kept by him for that purpose, according to the form
contained in the Fourth Schedule hereto annexed, and also in a certificate attached to the
marriage-register-book as a counterfoil.
33. Entries of such marriages to be signed and attested.—The entry of such marriage in both the
certificate and marriage-register-book shall be signed by the person solemnizing the marriage, and also by
the persons married, and shall be attested by two credible witnesses, other than the person solemnizing
the marriage, present at its solemnization.
Every such entry shall be made in order from the beginning to the end of the book, and the number of
the certificate shall correspond with that of the entry in the marriage-register-book.
34. Certificate to be forwarded to Marriages Registrar, copied and sent to Registrar
General.—The person solemnizing the marriage shall forthwith separate the certificate from the
marriage-register-book and send it, within one month from the time of the solemnization, to the Marriage
Registrar of the district in which the marriage was solemnized, or, if there be more Marriage Registrars
than one, to the Senior Marriage Registrar,
who shall cause such certificate to be copied into a book to be kept by him for that purpose,
and shall send all the certificates which he has received during the month, with such number and
signature or initials added thereto as are hereinafter required, to the 1
[Registrar General of Births, Deaths
and Marriages].
35. Copies of certificates to be entered and numbered.—Such copies shall be entered in order from
the beginning to the end of the said book, and shall bear both the number of the certificate as copied, and
also a number to be entered by the Marriage Registrar, indicating the number of the entry of the said copy
in the said book, according to the order in which he receives each certificate.
36. Registrar to add number of entry to certificate, and send to Registrar General.—The
Marriage Registrar shall also add such last-mentioned number of the entry of the copy in the book to the
certificate, with his signature or initials, and shall, at the end of every month, send the same to the
1
[Registrar General of Births, Deaths and Marriages].
37. Registration of marriages between Indian Christians, by persons referred to in clauses (1),
(2) and (3) of section 5.—When any marriage between 2
[Indian Christians] is solemnized 3
[by any such
person, Clergyman or Minister of Religion as is referred to in clause (1), clause (2) or clause (3) of
section 5], the person solemnizing the same shall, instead of proceeding in the manner provided by
sections 28 to 36, both inclusive, register the marriage in a separate register-book, and shall keep it safely

1. Subs. by Act 6 of 1886, s. 30, for “Secretary to the Local Government.”.
2. Subs. by the A. O. 1950, for “Native Christians”.
3. Subs. by Act 18 of 1928, s. 2 and the first Schedule, for “under Part I or Part III or this Act”.
11
until it is filled, or, if he leave the district in which he solemnized the marriage before the said book is
filled, shall make over the same to the person succeeding to his duties in the said district.
Custody and disposal of register-book.—Whoever has the control of the book at the time when it is
filled, shall send it to the Marriage Registrar of the district, or, if there be more Marriage Registrars than
one, to the Senior Marriage Registrar, who shall send it to the 1
[Registrar General of Births, Deaths and
Marriages,] to be kept by him with the records of his office.
PART V
MARRIAGES SOLEMNIZED BY, OR IN THE PRESENCE OF, A MARRIAGE REGISTRAR
38. Notice of intended marriage before Marriage Registrar.—When a marriage is intended to be
solemnized by, or in the presence of, a Marriage Registrar, one of the parties to such marriage shall give
notice in writing, in the form contained in the First Schedule hereto annexed, or to the like effect, to any
Marriage Registrar of the district within which the parties have dwelt,
or, if the parties dwell in different districts, shall give the like notice to a Marriage Registrar of each
district,
and shall state therein the name and surname, and the profession or condition, of each of the parties
intending marriage, the dwelling-place of each of them, the time during which each has dwelt therein, and
the place at which the marriage is to be solemnized:
Provided that, if either party has dwelt in the place stated in the notice for more than one month, it
may be stated therein that he or she has dwelt there one month and upwards.
39. Publication of notice.—Every Marriage Registrar shall, on receiving any such notice, cause a
copy thereof to be affixed in some conspicuous place in his office.
When one of the parties intending marriage is a minor, every Marriage Registrar shall, within twentyfour
hours after the receipt by him of the notice of such marriage, send, by post or otherwise, a copy of
such notice to each of the other Marriage Registrars (if any) in the same district, who shall likewise affix
the copy in some conspicuous place in his own office.
40. Notice to be filed and copy entered in Marriage Notice Book.—The Marriage Registrar shall
file all such notices and keep them with the records of his office,
and shall also forthwith enter a true copy of all such notices in a book to be furnished to him for that
purpose by the State Government, and to be called the “Marriage Notice Book”;
and the Marriage Notice Book shall be open at all reasonable times, without fee, to all persons
desirous of inspecting the same.
41. Certificate of notice given and oath made.—If the party by whom the notice was given requests
the Marriage Registrar to issue the certificate next hereinafter mentioned, and if one of the parties
intending marriage has made oath as hereinafter required, the Marriage Registrar shall issue under his
hand a certificate of such notice having been given and of such oath having been made:
Proviso.—Provided—
that no lawful impediment be shown to his satisfaction why such certificate should not issue;
that the issue of such certificate has not been forbidden, in manner hereinafter mentioned, by any
person authorized in that behalf by this Act;
that four days after the receipt of the notice have expired, and further,
that where, by such oath, it appears that one of the parties intending marriage is a minor, fourteen
days after the entry of such notice have expired.
42. Oath before issue of certificate.—The certificate mentioned in section 41 shall not be issued by
any Marriage Registrar, until one of the parties intending marriage appears personally before such
Marriage Registrar, and makes oath2 —
(a) that he or she believes that there is not any impediment of kindred or affinity, or other lawful
hindrance, to the said marriage, and

1. Subs. by the A. O. 1950, for “Native Christians”.
2. Subs. by Act 6 of 1886, s. 30, for “Secretary to the Local Government.”.
12
(b) that both the parties have, or (where they have dwelt in the districts of different Marriage
Registrars) that the party making such oath has, had their, his or her usual place of abode within the
district of such Marriage Registrar,
and, where either or each of the parties is a minor,
(c) that the consent or consents to such marriage required by law has or have been obtained
thereto, or that there is no person resident in India authorized to give such consent, as the case may
be.
43. Petition to High Court to order certificate in less than fourteen days.—When one of the
parties intending marriage is a minor, and both such parties are at the time resident in any of the towns of
Calcutta, Madras and Bombay, and are desirous of being married in less than fourteen days after the entry
of such notice as aforesaid, they may apply by petition to a Judge of the High Court, for an order upon the
Marriage Registrar to whom the notice of marriage has been given, directing him to issue his certificate
before the expiration of the said fourteen days required by section 41.
Order on petition.—And on sufficient cause being shown, the said Judge may, in his discretion,
make an order upon such Marriage Registrar, directing him to issue his certificate at any time to be
mentioned in the said order before the expiration of the fourteen days so required.
And the said Marriage Registrar, on receipt of the said order, shall issue his certificate in accordance
therewith.
44. Consent of father or guardian.—The provisions of section 19 apply to every marriage under this
Part, either of the parties to which is a minor;
Protest against issue of certificate.—And any person whose consent to such marriage would be
required thereunder may enter a protest against the issue of the Marriage Registrar’s certificate, by
writing, at any time before the issue of such certificate, the word “forbidden” opposite to the entry of the
notice of such intended marriage in the Marriage Notice Book, and by subscribing thereto his or her name
and place of abode, and his or her position with respect to either of the parties, by reason of which he or
she is so authorized.
Effect of protest.—When such protest has been entered, no certificate shall issue until the Marriage
Registrar has examined into the matter of the protest, and is satisfied that it ought not to obstruct the issue
of the certificate for the said marriage, or until the protest be withdrawn by the person who entered it.
45. Petition where person whose consent is necessary is insane, or unjustly withholds
consent.—If any person whose consent is necessary to any marriage under this Part is of unsound mind,
or if any such person (other than the father) without just cause withholds his consent to the marriage,
the parties intending marriage may apply by petition, where the person whose consent is necessary is
resident within any of the towns of Calcutta, Madras and Bombay, to a Judge of the High Court, or if he
is not resident within any of the said towns, then to the District Judge.
Procedure on petition.—And the said Judge of the High Court, or District Judge, as the case may be,
may examine the allegations of the petition in a summary way;
and, if upon examination such marriage appears proper such Judge of the High Court or District
Judge, as the case may be, shall declare the marriage to be a proper marriage.
Such declaration shall be as effectual as if the person whose consent was needed had consented to the
marriage;
and, if he has forbidden the issue of the Marriage Registrar’s certificate, such certificate shall be
issued and the like proceedings may be had under this Part in relation to the marriage as if the issue of
such certificate had not been forbidden.
46. Petition when Marriage Registrar refuses certificate.—Whenever a Marriage Registrar refuses
to issue a certificate under this Part, either of the parties intending marriage may apply by petition, where
the district of such Registrar is within any of the towns of Calcutta, Madras and Bombay, to a Judge of
the High Court, or if such district is not within any of the said towns, then to the District Judge.
13
Procedure on petition.—The said Judge of the High Court, or District Judge, as the case may be,
may examine the allegations of the petition in a summary way, and shall decide thereon.
The decision of such Judge of the High Court or District Judge, as the case may be, shall be final, and
the Marriage Registrar to whom the application for the issue of a certificate was originally made shall
proceed in accordance therewith.
47. [Petition when Marriage Registrar in Indian State refuses certificate.] Omitted by the A. O. 1950.
48. Petition when Registrar doubts authority of person forbidding.—Whenever a Marriage
Registrar, acting under the provisions of section 44, is not satisfied that the person forbidding the issue of
the certificate is authorized by law so to do, the said Marriage Registrar shall apply by petition, where his
district is within any of the towns of Calcutta, Madras and Bombay, to a Judge of the High Court, or if
such district be not within any of the said towns, then to the District Judge.
Procedure on petition.—The said petition shall state all the circumstances of the case, and pray for
the order and direction of the Court concerning the same,
and the said Judge of the High Court or District Judge, as the case may be, shall examine into the
allegations of the petition and the circumstances of the case,
and if, upon such examination, it appears, that the person forbidding the issue of such certificate is not
authorized by law so to do, such Judge of the High Court or District Judge, as the case may be, shall
declare that the person forbidding the issue of such certificate is not authorized as aforesaid,
and thereupon such certificate shall be issued, and the like proceedings may be had in relation to such
marriage as if the issue had not been forbidden.
1
* * * * *
49. Liability for frivolous protest against issue of certificate.—Every person entering a protest with
the Marriage Registrar, under this Part, against the issue of any certificate, on grounds which such
Marriage Registrar, under section 44, or a Judge of the High Court or the District Judge, under section 45
or 46, declares to be frivolous and such as ought not to obstruct the issue of the certificate, shall be liable
for the costs of all proceedings in relation thereto and for damages, to be recovered by suit by the person
against whose marriage such protest was entered.
50. Form of certificate.—The certificate to be issued by the Marriage Registrar under the provisions
of section 41 shall be in the form contained in the Second Schedule to this Act annexed or to the like
effect,
and the State Government shall furnish to every Marriage Registrar a sufficient number of forms of
certificate.
51. Solemnization of marriage after issue of certificate.—After the issue of the certificate of the
Marriage Registrar, or, where notice is required to be given under this Act to the Marriage Registrars for
different districts, after the issue of the certificates of the Marriage Registrars for such districts,
marriage may, if there be no lawful impediment to the marriage of the parties described in such
certificate or certificates, be solemnized between them, according to such form and ceremony as they
think fit to adopt.
But every such marriage shall be solemnized in the presence of some Marriage Registrar (to whom
shall be delivered such certificate or certificates as aforesaid), and of two or more credible witnesses
besides the Marriage Registrar:
And in some part of the ceremony each of the parties shall declare as follows, or to the like effect:—
“I do solemnly declare that I know not of any lawful impediment why I, A. B., may not be joined in
matrimony to C. D.”

1. Omitted by the A. O. 1950.
14
And each of the parties shall say to the other as follows or to the like effect: —
“I call upon these persons here present to witness that I, A. B., do take thee, C. D., to be my lawful
wedded wife [or husband].”
52. When marriage not had within two months after notice, new notice required. —Whenever a
marriage is not solemnized within two months after the copy of the notice has been entered by the
Marriage Registrar, as required by section 40, the notice and the certificate, if any, issued thereupon, and
all other proceedings thereupon, shall be void;
and no person shall proceed to solemnize the marriage, nor shall any Marriage Registrar enter the
same, until new notice has been given, and entry made, and certificate thereof given, at the time and in the
manner aforesaid.
53. Marriage Registrar may ask for particulars to be registered.—A Marriage Registrar before
whom any marriage is solemnized under this Part may ask of the persons to be married the several
particulars required to be registered touching such marriage.
54. Registration of marriages solemnized under part V.—After the solemnization of any marriage
under this Part, the Marriage Registrar present at such solemnization shall forthwith register the marriage
in duplicate; that is to say, in a marriage-register-book, according to the form of the Fourth Schedule
hereto annexed, and also in a certificate attached to the marriage-register-book as a counterfoil.
The entry of such marriage in both the certificates and the marriage-register-book shall be signed by
the person by or before whom the marriage has been solemnized, if there be any such person, and by the
Marriage Registrar present at such marriage, whether or not it is solemnized by him, and also by the
parties married, and attested by two credible witnesses other than the Marriage Registrar and person
solemnizing the marriage.
Every such entry shall be made in order from the beginning to the end of the book, and the number of
the certificate shall correspond with that of the entry in the marriage-register-book.
55. Certificates to be sent monthly to Registrar General.—The Marriage Registrar shall forthwith
separate the certificate from the marriage-register-book and send it, at the end of every month, to the
1
[Registrar General of Births, Deaths and Marriages].
Custody of register-book.—The Marriage Registrar shall keep safely the said register-book until it is
filled, and shall then send it to the 1
[Registrar General of Births, Deaths and Marriages], to be kept by him
with the records of his office.
56. [Officers to whom Registrars in Indian States shall send certificates.) Omitted by the A. O. 1950
57. Registrars to ascertain that notice and certificate are understood by Indian Christians.—
When any 2
[Indian Christians] about to be married gives a notice of marriage, or applies for a certificate
from a Marriage Registrar, such Marriage Registrar shall as certain whether the said 2
[Indian Christians]
understands the English language, and, if he does not, the Marriage Registrar shall translate, or cause to
be translated, such notice or certificate, or both of them, as the case may be, to such 2
[Indian Christians]
into a language which he understands;
or the Marriage Registrar shall otherwise ascertain whether the
2
[Indian Christians] is cognizant of
the purport and effect of the said notice and certificate.
58. Indian Christians to be made to understand declarations.—When any 2
[Indian Christians] is
married under the provisions of this Part, the person solemnizing the marriage shall ascertain whether
such 2
[Indian Christians] understands the English language, and, if he does not, the person solemnizing
the marriage shall, at the time of the solemnization, translate, or cause to be translated, to such 2
[Indian
Christians], into a language which he understands, the declarations made at such marriage in accordance
with the provisions of this Act.
59. Registration of marriages between Indian Christians.—The registration of marriages between
2
[Indian Christians] under this Part shall be made in conformity with the rules laid down in section 37
(so far as they are applicable), and not otherwise.

1. Subs. by Act 6 of 1886, s. 30, for “Secretary to the Local Government.”.
2. Subs. by the A. O. 1950, for “Native Christians”.
15
PART VI
MARRIAGE OF 1
[INDIAN CHRISTIANS]
60. On what conditions marriages of 1
[Indian Christians] may be certified.—Every marriage
between 1
[Indian Christians] applying for a certificate, shall, without the preliminary notice required
under Part III, be certified under this Part, if the following conditions be fulfilled, and not otherwise:—
(1) the age of the man intending to be a married 2
[shall not be under 3
[twenty-one years]], and the age
of the woman intending to be married 4
[shall not be under 5
[eighteen years]];
(2) neither of the persons intending to be married shall have a wife or husband still living;
(3) in the presence of a person licensed under section 9, and of at least two credible witnesses other
than such person, each of the parties shall say to the other—
“I call upon these persons here present to witness that. 1, A. B., in the presence of Almighty God,
and in the name of our Lord Jesus Christ, do take thee, C. D., to be my lawful wedded wife
[or husband]” or words to the like effect:
6
* * * * *
61. Grant of certificate.—When, in respect to any marriage solemnized under this Part, the
conditions prescribed in section 60 have been fulfilled, the person licensed as aforesaid, in whose
presence the said declaration has been made, shall, on the application of either of the parties to such
marriage, and, on the payment of a fee of four annas, grant a certificate of the marriage.
The certificate shall be signed by such licensed person, and shall be received in any suit touching the
validity of such marriage as conclusive proof of its having been performed.
7
[62. Keeping of register-book and deposit of extracts therefrom with Registrar
General.—(1) Every person licensed under section 9 shall keep in English, or in the vernacular language
in ordinary use in the district or State in which the marriage was solemnized, and in such form as the State
Government by which he was licensed may from time to time prescribe, a register-book of all marriages
solemnized under this Part in his presence, and shall deposit in the office of the Registrar General of
Births, Deaths and Marriages for the territories under the administration of the said State Government, in
such form and at such intervals as that Government may prescribe, true and duly authenticated extracts
from his register-book of all entries made therein since the last of those intervals.]
8
* * * * *
63. Searches in register book and copies of entries.—Every person licensed under this Act to grant
certificates of marriage, and keeping a marriage-register-book under section 62, shall at all reasonable
times, allow search to be made in such book, and shall, on payment of the proper fee, give a copy,
certified under his hand, of any entry therein.
64. Books in which marriages of Indian Christians under Part I or Part III are registered.—The
provisions of sections 62 and 63, as to the form of the of register-book, depositing extracts therefrom,

1. Subs. by the Act A.O. 1950, for “Native Christians”
2. Subs. by Act 48 of 1952, s. 3 and the Second Schedule, for “shall exceed sixteen years”.
3. Subs. by Act 2 of 1978, s. 6 and the Schedule, for “eighteen years” (w.e.f. 1-10-1978).
4. Subs. by Act 48 of 1952, s. 3 and the Second Schedule, for “shall exceed thirteen years”.
5. Subs. by Act 2 of 1978, s. 6 and Schedule, for “fifteen years” (w.e.f. 1-10-1978).
6. Proviso omitted by s. 6 and the Schedule, ibid., (w.e.f. 1-10-1978).
7. Subs. by Act 2 of 1891, s. 4, for s. 62.
8. Sub-section (2) omitted by the A.O. 1950.
16
allowing searches thereof, and giving copies of the entries therein, shall, mutatis mutandis, apply to the
books kept under section 37.
65. Part VI not to apply to Roman Catholics.
Saving of certain marriages.—This Part of this Act, except so much of sections 62 and 63 as are
referred to in section 64, shall not apply to marriages between Roman Catholics. But nothing herein
contained shall invalidate any marriage celebrated between Roman Catholics under the provisions of Part
V of Act No. 25 of 1864, previous to the twenty-third day of February, 1865.
PART VII
PENALTIES
1
[66. False oath, declaration, notice or certificate for procuring marriage.—Whoever, for the
purpose of procuring a marriage or licence of marriage, intentionally,—
(a) where an oath or declaration is required by this Act, or by any rule or custom of a Church
according to the rites and ceremonies of which a marriage is intended to be solemnized, such Church
being the Church of England or of Scotland or of Rome, makes a false oath or declaration, or,
(b) where a notice or certificate is required by this Act, signs a false notice or certificate,
shall be deemed to have committed the offence punishable under section 193 of the Indian Penal Code
(45 of 1860) with imprisonment of either description for a term which may extend to three years and, at
the discretion of the Court, with fine.]
67. Forbidding, by false personation issue of certificate by Marriage Registrar.—Whoever
forbids the issue, by a Marriage Registrar, of a certificate, by falsely representing himself to be a person
whose consent to the marriage is required by law, knowing or believing such representation to be false, or
not having reason to believe it to be true, shall be deemed guilty of the offence described in section 205 of
the Indian Penal Code (45 of 1860).
2
[68. Solemnizing marriage without due authority.—Whoever, not being authorized by section 5 of
of this Act to solemnize marriages, solemnizes or professes to solemnize, in the absence of a Marriage
Registrar of the district in which the ceremony takes place, a marriage between persons one or both of
whom is or are a Christian or Christians, shall be punished with imprisonment which may extend to ten
years, or (in lieu of a sentence of imprisonment for seven years or upwards) with transportation for a term
of not less than seven years, and not exceeding ten years,
3
* * * * *
and shall also be liable to fine.]
69. Solemnizing marriage out of proper time, or without witnesses.—Whoever knowingly and
wilfully solemnizes a marriage between persons, one or both of whom is or are a Christian or Christians,
at any time other than between the hours of six in the morning and seven in the evening, or in the absence
of at least two credible witnesses other than the person solemnizing the marriage, shall be punished with
imprisonment for a term which may extend to three years, and shall also be liable to fine.
Saving of marriages solemnized under special licence.—This section does not apply to marriages
solemnized under special licences granted by the Anglican Bishop of the Diocese or by his Commissary,
nor to marriages performed between the hours of seven in the evening and six in the morning by a
Clergyman of the Church of Rome, when he has received the general or special license in that behalf
mentioned in section 10.
4
[Nor does this section apply to marriages solemnized by a Clergyman of the Church of Scotland
according to the rules, rites, ceremonies and customs of the Church of Scotland.]

1. Subs. by Act 2 of 1891, s. 5, for s. 66.
2. Subs. by s. 6, ibid., for s. 68.
3. Omitted by the A.O. 1950.
4. Ins. by Act 2 of 1891, s. 7.
17
70. Solemnizing without notice or within fourteen days after notice, marriage with minor.—Any
Minister of Religion licensed to solemnize marriages under this Act, who, without a notice in writing, or,
when one of the parties to the marriage is a minor and the required consent of the parents or guardians to
such marriage has not been obtained, within fourteen days after the receipt by him of notice of such
marriage, knowingly and wilfully solemnizes a marriage under Part III, shall be punished with
imprisonment for a term which may extend to three years, and shall also be liable to fine.
71. Issuing certificate, or marrying, without publication of notice.—A Marriage Registrar under
this Act, who commits any of the following offences:—
(1) knowingly and wilfully issues any certificate for marriage, or solemnizes any marriage, without
publishing the notice of such marriage as directed by this Act;
1
[(2) marrying after expiry of notice.—after the expiration of two months after the copy of the
notice has been entered as required by section 40 in respect of any marriage, solemnizes such marriage;]
(3) solemnizing marriage with minor within fourteen days, without authority of Court, or
without sending copy of notice.—solemnizes, without an order of a competent Court authorizing him to
do so, any marriage, when one of the parties is a minor, before the expiration of fourteen days after the
receipt of the notice of such marriage, or without sending, by the post or otherwise, a copy of such notice
to the Senior Marriage Registrar of the district if there be more Marriage Registrars of the district than
one, and if he himself be not the Senior Marriage Registrar;
(4) issuing certificate against authorized prohibition.—issues any certificate the issue of which has
been prohibited, as in this Act provided, by any person authorized to prohibit the issue thereof,
shall be punished with imprisonment for a term which may extend to five years, and shall also be liable to
fine.
72. Issuing certificate after expiry of notice, or, in case of minor, within fourteen days after
notice, or against authorized prohibition.—Any Marriage Registrar knowingly and wilfully issuing any
certificate for marriage after the expiration of 2
[two months] after the notice has been entered by him as
aforesaid,
fourteen days after notice, or against authorized prohibition.—or knowingly and wilfully issuing,
without the order of a competent Court authorizing him so to do, any certificate for marriage, where one
of the parties intending marriage is a minor, before the expiration of fourteen days after the entry of such
notice, or any certificate the issue of which has been forbidden as aforesaid by any person authorized in
this behalf,
shall be deemed to have committed an offence under section 166 of the Indian Penal Code (45 of 1860).
73. Persons authorized to solemnize marriage (other than Clergy of Churches of England,
Scotland or Rome).—Whoever, being authorized under this Act to solemnize a marriage,
and not being a Clergyman of the Church of England solemnizing a marriage after due publication of
banns, or under a license from the Anglican Bishop of the Diocese or a Surrogate duly authorized in that
behalf,
or, not being a Clergyman of the Church of Scotland, solemnizing a marriage according to the rules,
rites, ceremonies and customs of that church,
or, not being a Clergyman of the Church of Rome, solemnizing a marriage according to the rites,
rules, ceremonies and customs of that church,
issuing certificate, or marrying, without publishing notice or after expiry of
certificate;—knowingly and wilfully issues any certificate for marriage under this Act, or solemnizes any
marriage between such persons as aforesaid, without publishing, or causing to be affixed, the notice of
such marriage as directed in Part III of this Act, or after the expiration of two months after the certificate
has been issued by him;

1. Subs. by Act 2 of 1891, s. 8(1), for clause (2).
2. Subs. by s. 8(2), ibid., for “three months”.
18
issuing certificate for, or solemnizing, marriage with minor, within fourteen days after
notice.—or knowingly and wilfully issues any certificate for marriage, or solemnizes a marriage between
such persons when one of the persons intending marriage is a minor, before the expiration of fourteen
days after the receipt of notice of such marriage, or without sending, by the post or otherwise, a copy of
such notice to the Marriage Registrar, or, if there be more Marriage Registrars than one, to the Senior
Marriage Registrar of the district;
issuing certificate authorizedly forbidden.—or knowingly and wilfully issues any certificate the
issue of which has been forbidden, under this Act, by any person authorized to forbid the issue;
solemnizing marriage authorizedly forbidden.—or knowingly and wilfully solemnizes any
marriage forbidden by any person authorized to forbid the same;
shall be punished with imprisonment for a term which may extend to four years, and shall also be liable to
fine.
74. Unlicensed person granting certificate pretending to be licensed.—Whoever, not being
licensed to grant a certificate of marriage under Part VI of this Act, grants such certificate intending
thereby to make it appear that he is so licensed, shall be punished with imprisonment for a term which
may extend to five years, and shall also be liable to fine.
1
[Whoever, being licensed to grant certificates of marriage under Part VI of this Act, without just
cause refuses, or wilfully neglects or omits, to perform any of the duties imposed upon him by that Part
shall be punished with fine which may extend to one hundred rupees.]
75. Destroying or falsifying register-books.—Whoever, by himself or another, wilfully destroys or
injures any register-book or the counterfoil certificates thereof, or any part thereof, or any authenticated
extract therefrom,
or falsely makes or counterfeits any part of such register-book or counterfoil certificates,
or wilfully inserts any false entry in any such register-book or counterfoil certificate or authenticated
extract,
shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable
to fine.
76. Limitation of prosecutions under Act.—The prosecution for every offence punishable under
this Act shall be commenced within two years after the offence is committed.
PART VIII
MISCELLANEOUS
77. What matters need not be proved in respect of marriage in accordance with Act.—Whenever
any marriage has been solemnized in accordance with the provisions of sections 4 and 5, it shall not be
void merely on account of any irregularity in respect of any of the following matters, namely:—
(1) any statement made in regard to the dwelling of the persons married, or to the consent of any
person whose consent to such marriage is required by law;
(2) the notice of the marriage;
(3) the certificate or translation thereof;
(4) the time and place at which the marriage has been solemnized;
(5) the registration of the marriage.
78. Corrections of errors.—Every person charged with the duty of registering any marriage, who
discovers any error in the form or substance of any such entry, may within one month next after the
discovery of such error, in the presence of the persons married, or, in case of their death or absence, in the
presence of two other credible witnesses, correct the error by entry in the margin, without any alteration
of the original entry, and shall sign the marginal entry, and add thereto the date of such correction, and
such person shall make the like marginal entry in the certificate thereof.

1. Ins. by Act 2 of 1891, s. 9.
19
And every entry made under this section shall be attested by the witnesses in whose presence it was
made.
And, in case such certificate has been already sent to the 1
[Registrar General of Births, Deaths and
Marriages], such person shall make and send in like manner a separate certificate of the original
erroneous entry, and of the marginal correction therein made.
79. Searches and copies of entries.—Every person solemnizing a marriage under this Act, and
hereby required to register the same,
and every Marriage Registrar or 1
[Registrar General of Births, Deaths and Marriages] having the
custody for the time being of any register of marriages, or of any certificate, or duplicate, or copies of
certificate, under this Act,
shall, on payment of the proper fees, at all reasonable times, allow searches to be made in such register, or
for such certificate, or duplicate or copies, and give a copy under his hand of any entry in the same.
80. Certified copy of entry in marriage-register, etc., to be evidence.—Every certified copy,
purporting to be signed by the person entrusted under this Act with the custody of any marriage-register
or certificate, or duplicate, required to be kept or delivered under this Act, of any entry of a marriage in
such register or of any such certificate or duplicate, shall be received as evidence of the marriage
purporting to be so entered, or of the facts purporting to be so certified therein, without further proof of
such register or certificate, or duplicate, or of any entry therein, respectively, or of such copy.
2
[81. Certificates of certain marriages to be sent to Central Government.—The Registrar General
of Births, Deaths and Marriages 3
*** shall, at the end of every quarter in each year, select, from the
certificates of marriages forwarded to 4
[him], during such quarter, the certificates of the marriages of
which 5
[the Government by whom he was appointed] may desire that evidence shall be transmitted to
England, and shall send the same certificates, signed by 4
[him] to the 6
[Central Government].]
82. State Government to prescribe fees.—Fees shall be chargeable under this Act for—
receiving and publishing notices of marriages;
issuing 7
[certificates for marriage] by Marriage Registrars, and registering marriages by the same;
entering protests against, or prohibitions of, the issue of 8
[certificates for marriage] by the said
Registrars;
searching register-books or certificates, or duplicates, of copies thereof;
giving copies of entries in the same under sections 63 and 79.
The State Government shall fix the amount of such fees respectively,
and may from time to time vary or remit them either generally or in special cases, as to it may seem
fit.
83. Power to make rules.—9
[(1)] The State Government 10[ may, by notification in the Official
Gazette, make rules] in regard to the disposal of the fees mentioned in section 82, the supply of
register-books, and the preparation and submission of returns of marriages solemnized under this Act.
11[(2) Every rule made by the State Government under this section shall be laid, as soon as may be
after it is made, before the State Legislature.]

1. Subs. by Act 6 of 1886, s. 30, for “Secretary to a Local Government”.
2. Subs. by Act 13 of 1911, s. 2, for s. 81.
3. The words and figures “and the officers appointed under section 56” omitted by Act 48 of 1952, s. 3 and the Second Schedule.
4. Subs. by s. 3 and the Second Schedule, ibid., for “them respectively”.
5. Subs. by the A.O. 1937, for “the G. G. in C.”.
6. Subs. by the A.O. 1948, for “Secretary of State for India”.
7. Subs. by Act 1 of 1903, s. 3 and the Second Schedule, for “certificates of marriage”.
8. Subs. by s. 3 and the Second Schedule, ibid., for “marriage certificates”.
9. Section 83 re-numbered as sub-section (1) thereof by Act 20 of 1983, s. 2 and the Schedule (w.e.f. 15-3-1984).
10. Subs. by s. 2 and the Schedule, ibid., for “may make rules” (w.e.f. 15-3-1984).
11. Ins. by s. 2 and the Schedule, ibid. (w.e.f. 15-3-1984).
20
84. [Power to prescribe fees and rules for Indian States.] Omitted by the A.O. 1950.
85. Power to declare who shall be District Judge.—The State Government may, by notification in
the Official Gazette, declare who shall, in any place to which this Act applies, be deemed to be the
District Judge.
86. [Powers and functions exercisable as regards Indian States.] Omitted by the A.O. 1950.
87. Saving of Consular marriages.—Nothing in this Act applies to any marriage performed by any
Minister, Consul, or Consular Agent between subjects of the State which he represents and according to
the laws of such State.
88. Non-validation of marriages within prohibited degrees.—Nothing in this Act shall be deemed
to validate any marriage which the personal law applicable to either of the parties forbids him or her to
enter into.
21
SCHEDULE I
(See sections 12 and 38)
NOTICE OF MARRIAGE
To a Minister [or Registrar] of
I hereby give you notice that a marriage is intended to be had, within three calendar months from the
date hereof, between me and the other party herein named and described (that is to say):—
Names Condition Rank or
profession
Age Dwelling place Length of
residence
Church, chapel or
place of worship
in which the
marriage is to be
solemnized
District in which the
other party resides,
when the parties
dwell in different
districts
James Smith.
Windower. Carpenter.
of full age.
16, Clive Street.
23 days.
Free church of Scotland Church,
Culcutta. Martha Green. Spinster.

Minor.
20, Hastings
Street.
More than a
month.
Witness my hand, this day of seventy-two
(Signed) JAMES SMITH.
[The italics in this schedule are to be filled up, as the case may be, and the blank division thereof is
only to be filled up when one of the parties lives in another district.]
22
SCHEDULE II
(See sections 24 and 50)
CERTIFICATE OF RECEIPT OF NOTICE
I, do hereby certify that, on the
day of , notice was duly entered in my Marriage Notice Book of the marriage intended between
the parties therein named and described, delivered under the hand of , one of the parties (that is to
say):—
Names Condition Rank or
profession
Age Dwelling
place
Length of
residence
Church,
chapel or
place of
worship in
which the
marriage is
to be
solemnized
District in which
the other party
resides, when the
parties dwell in
different districts
James
Smith. Widower. Carpenter.
of full age. 16, Clive
Sreet.
23 days. Free Church of Scotland Church,
Calcutta. Martha Green. Spinster.
………
Minor. 20, Hastings
Street. More than a
month.
and that the declaration 1
[or oath], required by section 17 or 41 of the Indian Christian Marriage Act,
1872 (15 of 1872), has been duly made by the said (James Smith).
Date of notice entered
Date of Certificate given
Witness my hand, this
The issue of this certificate has not been prohibited by any person
authorized to forbid the issue thereof.
day of seventy-two.
(Signed)
This certificate will be void, unless the marriage is solemnized on or before the day of
[The italics in the Schedule are to be filled up, as the case may be, and the blank division thereof is
only to be filled up when one of the parties lives in another district].

1. Ins. by Act 1 of 1903, s. 3, and the Second Schedule.
23
SCHEDULE III
1
[(See sections 28 and 31)]
FORM OF REGISTER OF MARRIAGES
Quarterly Returns
of
MARRIAGES
FOR
Calcutta.
The Archdeaconry of Madras.
Bombay.
I, , Registrar of the Archdeaconry of Calcutta.
Madras.
Bombay.
do hereby certify that the annexed are correct copies of the originals and Official Quarterly Returns of
Marriage within the Archdeaconry
Calcutta,
Of Madras, as made and transmitted to me for the quarter,
Bombay,
commencing the day of ending the day
of in the year of Our Lord
[Signature of Registrar.]
Calcutta.
Registrar of the Archdeaconry of Madras.
Bombay.
Allahabad,
MARRIAGES solemnized at Barrackpore,
Bareilly,
Calcutta, etc., etc.
When
married
Names of parties
Year
Month
Day
Christian
Surname
Age
Condition
Rank or
profession
Residence at
the time of
marriage
Father’s name
and surname
By banns or
license
Signatures of
the parties
Signatures
Of two or more
witnesses present
Signature of the
person solemnizing
the marriage

1. Subs. by Act 12 of 1891, s. 2 and the Second Schedule, for “(see section 28)”.
24
SCHEDULE IV
(See sections 32 and 54)
MARRIAGE REGISTER BOOK
Number
Names of Parties Age Condition Rank or
profession
Residence at
the time of
marriage
Father’s
name and
When married Christian surname
name
Surname
1
Day Month Year
James.
Martha.
White .
Duncan.
26
years.
17
years.
Widower.
Spinster.
Carpenter.
……..
Agra…
Agra…
William White.
John Duncan.
Married in the
This marriage was solemnized between us
James
White,
Martha
Duncan,
in the presence of us
John Smith.
John Green.
25
CERTIFICATE OF MARRIAGE
Number When married Names of Parties Age Condition Rank or
profession
Residence at
the time of
marriage
Father’s
name and
surname Christian
name
Surname
1
Day Month Year
James…
Martha…
White…
Duncan…
26
years.
17 years.
Widower…
Spinster
Carpenter
……….
Agra……
Agra……
William
White
Jhon
Duncan
Married in the
This marriage was solemnized between us
James White,
Martha Duncan,
in the presence of us John Smith.
John Green.
26
(SCHEDULE V.)
SCHEDULE V.—[Enactments repealed.] Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and the
Schedule.

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THE INDIAN CONTRACT ACT, 1872

1
THE INDIAN CONTRACT ACT, 1872
____________
ARRANGEMENT OF SECTIONS
____________
SECTIONS
PREAMBLE
PRELIMINARY
1. Short title.
Extent.
Commencement.
Saving.
2. Interpretation-clause.
CHAPTER I
OF THE COMMUNICATION, ACCEPTANCE AND
REVOCATION OF PROPOSALS
3. Communication, acceptance and revocation of proposals.
4. Communication when complete.
5. Revocation of proposals and acceptances.
6. Revocation how made.
7. Acceptance must be absolute.
8. Acceptance by performing conditions, or receiving consideration.
9. Promises, express and implied.
CHAPTER II
OF CONTRACTS, VOIDABLE CONTRACTS AND VOID
AGREEMENTS
10. What agreements are contracts.
11. Who are competent to contract.
12. What is a sound mind for the purposes of contracting.
13. “Consent” defined.
14. “Free consent” defined.
15. “Coercion” defined.
16. “Undue influence” defined.
17. “Fraud” defined.
18. “Misrepresentation” defined.
19. Voidability of agreements without free consent.
19A. Power to set aside contract induced by undue influence.
20. Agreement void where both parties are under mistake as to matter of fact.
21. Effect of mistakes as to law.
22. Contract caused by mistake of one party as to matter of fact.
2
SECTIONS
23. What considerations and objects are lawful, and what not.
Void agreements
24. Agreement void, if considerations and objects unlawful in part.
25. Agreement without consideration, void, unless it is in writing and registered, or is a promise to
compensate for something done, or is a promise to pay a debt barred by limitation law.
26. Agreement in restraint of marriage, void.
27. Agreement in restraint of trade, void.
Saving of agreement not to carry on business of which good-will is sold.
28. Agreements in restraint of legal proceeding void.
Saving of contract to refer to arbitration dispute that may arise.
Saving of contract to refer questions that have already arisen.
Saving of a guarantee agreement of a bank or a financial institution.
29. Agreements void for uncertainty.
30. Agreements by way of wager, void.
Exception in favour of certain prizes for horse-racing.
Section 294A of the Indian Penal Code not affected.
CHAPTER III
OF CONTINGENT CONTRACTS
31. “Contingent contract” defined.
32. Enforcement of contracts contingent on an event happening.
33. Enforcement of contracts contingent on an event not happening.
34. When event on which contract is contingent to be deemed impossible, if it is the future conduct of
a living person.
35. When contracts become void which are contingent on happening of specified event within fixed
time.
When contracts may be enforced, which are contingent on specified event not happening within
fixed time.
36. Agreement contingent on impossible events void.
CHAPTER IV
OF THE PERFORMANCE OF CONTRACTS
Contracts which must be performed
37. Obligation of parties to contracts.
38. Effect of refusal to accept offer of performance.
39. Effect of refusal of party to perform promise wholly.
By whom contracts must be performed
40. Person by whom promise is to be performed.
41. Effect of accepting performance from third person.
3
SECTIONS
42. Devolution of joint liabilities.
43. Any one of joint promisors may be compelled to perform.
Each promisor may compel contribution.
Sharing of loss by default in contribution.
44. Effect of release of one joint promisor.
45. Devolution of joint rights.
Time and place for performance
46. Time for performance of promise, when no application is to be made and no time is specified.
47. Time and place for performance of promise, where time is specified and no application to be
made.
48. Application for performance on certain day to be at proper time and place.
49. Place for performance of promise, where no application to be made and no place fixed for
performance.
50. Performance in manner or at time prescribed or sanctioned by promise.
Performance of reciprocal promises
51. Promisor not bound to perform, unless reciprocal promisee ready and willing to perform.
52. Order of performance of reciprocal promises.
53. Liability of party preventing event on which the contract is to take effect.
54. Effect of default as to that promise which should be first performed, in contract consisting of
reciprocal promises.
55. Effect of failure to perform at fixed time, in contract in which time is essential.
Effect of such failure when time is not essential.
Effect of acceptance of performance at time other than that agreed upon.
56. Agreement to do impossible act.
Contract to do an act afterwards becoming impossible or unlawful.
Compensation for loss through non-performance of act known to be impossible or unlawful.
57. Reciprocal promise to do things legal, and also other things illegal.
58. Alternative promise, one branch being illegal.
Appropriation of payments
59. Application of payment where debt to be discharged is indicated.
60. Application of payment where debt to be discharged is not indicated.
61. Application of payment where neither party appropriates.
Contracts which need not be performed
62. Effect of novation, rescission, and alteration of contract.
63. Promise may dispense with or remit performance of promise.
64. Consequences of rescission of voidable contract.
65. Obligation of person who has received advantage under void agreement, or contract that becomes
void.
66. Mode of communicating or revoking rescission of voidable contract.
67. Effect of neglect of promisee to afford promisor reasonable facilities for performance.
4
CHAPTER V
OF CERTAIN RELATIONS RESEMBLING THOSE CREATED BY CONTRACT
SECTIONS
68. Claim for necessaries supplied to person incapable of contracting, or on his account.
69. Reimbursement of person paying money due by another, in payment of which he is interested.
70. Obligation of person enjoying benefit of non-gratuitous act.
71. Responsibility of finder of goods.
72. Liability of person to whom money is paid, or thing delivered, by mistake or under coercion.
CHAPTER VI
OF THE CONSEQUENCES OF BREACH OF CONTRACT
73. Compensation for loss or damage caused by breach of contract.
Compensation for failure to discharge obligation resembling those created by contract.
74. Compensation for breach of contract where penalty stipulated for.
75. Party rightfully rescinding contract, entitled to compensation.
CHAPTER VII
SALE OF GOODS
76. —123. [Repealed.]
CHAPTERVIII
OF INDEMNITY AND GUARANTEE
124. “Contract of indemnity” defined.
125. Rights of indemnity-holder when sued.
126. “Contract of guarantee”, “surety”, “principal debtor” and “creditor”.
127. Consideration for guarantee.
128. Surety‟s liability.
129. “Continuing guarantee”.
130. Revocation of continuing guarantee.
131. Revocation of continuing guarantee by surety‟s death.
132. Liability of two persons, primarily liable, not affected by arrangement between them that one
shall be surety on other‟s default.
133. Discharge of surety by variance in terms of contract.
134. Discharge of surety by release or discharge of principal debtor.
135. Discharge of surety when creditor compounds with, gives time to, or agrees not to sue, principal
debtor.
136. Surety not discharged when agreement made with third person to give time to principal debtor.
137. Creditor‟s forbearance to sue does not discharge surety.
138. Release of one co-surety does not discharge others.
139. Discharge of surety of creditor‟s act or omission impairing surety‟s eventual remedy.
140. Rights of surety on payment or performance.
5
SECTIONS
141. Surety‟s right to benefit of creditor‟s securities.
142. Guarantee obtained by misrepresentation invalid.
143. Guarantee obtained by concealment invalid.
144. Guarantee on contract that creditor shall not act on it until co-surety joins.
145. Implied promise to indemnify surety.
146. Co-sureties liable to contribute equally.
147. Liability of co-sureties bound in different sums.
CHAPTER IX
OF BAILMENT
148. “Bailment”, “bailor” and “bailee” defined.
149. Delivery to bailee how made.
150. Bailor‟s duty to disclose faults in goods bailed.
151. Care to be taken by bailee.
152. Bailee when not liable for loss, etc., of thing bailed.
153. Termination of bailment by bailee‟s act inconsistent with conditions.
154. Liability of bailee making unauthorized use of goods bailed.
155. Effect of mixture, with bailor‟s consent, of his goods with bailee‟s.
156. Effect of mixture, without bailor‟s consent, when the good can be separated.
157. Effect of mixture, without bailor‟s consent, when the goods cannot be separated.
158. Repayment, by bailor, of necessary expenses.
159. Restoration of goods lent gratuitously.
160. Return of goods bailed, on expiration of time or accomplishment of purpose.
161. Bailee‟s responsibility when goods are not duly returned.
162. Termination of gratuitous bailment by death.
163. Bailor entitled to increase or profit from goods bailed.
164. Bailor‟s responsibility to bailee.
165. Bailment by several joint owners.
166. Bailee not responsible on re-delivery to bailor without title.
167. Right of third person claiming goods bailed.
168. Right of finder of goods.
May sue for specific reward offered.
169. When finder of thing commonly on sale may sell it.
170. Bailee‟s particular lien.
171. General lien of bankers, factors, wharfingers, attorneys and policy-brokers.
Bailments of pledges
172. “Pledge”, “Pawnor” and “Pawnee” defined.
173. Pawnee‟s right of retainer.
174. Pawnee not to retain for debt or promise other than that for which goods pledged.
Presumption in case of subsequent advances.
6
SECTIONS
175. Pawnee‟s right as to extraordinary expenses incurred.
176. Pawnee‟s right where pawnor makes default.
177. Defaulting pawnor‟s right to redeem.
178. Pledge by mercantile agent.
178A. Pledge by person in possession under voidable contract.
179. Pledge where pawnor has only a limited interest.
Suits by bailees or bailors against wrong-doers
180. Suit by bailor or bailee against wrong-doer.
181. Apportionment of relief or compensation obtained by such suits.
CHAPTER X
AGENCY
Appointment and authority of agents
182. “Agent” and “principal” defined.
183. Who may employ agent.
184. Who may be an agent.
185. Consideration not necessary.
186. Agent‟s authority may be expressed or implied.
187. Definitions of express and implied authority.
188. Extent of agent‟s authority.
189. Agent‟s authority in an emergency.
Sub-agents
190. When agent cannot delegate.
191. “Sub-agent” defined.
192. Representation of principal by sub-agent properly appointed.
Agent‟s responsibility for sub-agent.
Sub-agent‟s responsibility.
193. Agent‟s responsibility for sub-agent appointed without authority.
194. Relation between principal and person duly appointed by agent to act in business of agency.
195. Agent‟s duty in naming such person.
Ratification
196. Right of person as to acts done for him without his authority.
Effect of ratification.
197. Ratification may be expressed or implied.
198. Knowledge requisite for valid ratification.
199. Effect of ratifying unauthorized act forming part of a transaction.
200. Ratification of unauthorized act cannot injure third person.
7
Revocation of authority
SECTIONS
201. Termination of agency.
202. Termination of agency, where agent has an interest in subject-matter.
203. When principal may revoke agent‟s authority.
204. Revocation where authority has been partly exercised.
205. Compensation for revocation by principal, or renunciation by agent.
206. Notice of revocation or renunciation.
207. Revocation and renunciation may be expressed or implied.
208. When termination of agent‟s authority takes effect as to agent, and as to third persons.
209. Agent‟s duty on termination of agency by principal‟s death or insanity.
210. Termination of sub-agent‟s authority.
Agent’s duty to principal
211. Agent‟s duty in conducting principal‟s business.
212. Skill and diligence required from agent.
213. Agent‟s accounts.
214. Agent‟s duty to communicate with principal.
215. Right of principal when agent deals, on his own account, in business of agency without
principal‟s consent.
216. Principal‟s right to benefit gained by agent dealing on his own account in business of agency.
217. Agent‟s right of retainer out of sums received on principal‟s account.
218. Agent‟s duty to pay sums received for principal.
219. When agent‟s remuneration becomes due.
220. Agent not entitled to remuneration for business misconducted.
221. Agent‟s lien on principal‟s property.
Principal’s duty to agent
222. Agent to be indemnified against consequences of lawful acts.
223. Agent to be indemnified against consequences of acts done in good faith.
224. Non-liability of employer of agent to do a criminal act.
225. Compensation to agent for injury caused by principal‟s neglect.
Effect of agency on contracts with third persons
226. Enforcement and consequences of agent‟s contracts.
227. Principal how far bound, when agent exceeds authority.
228. Principal not bound when excess of agent‟s authority is not separable.
229. Consequences of notice given to agent.
230. Agent cannot personally enforce, nor be bound by, contracts on behalf of principal.
Presumption of contract to contrary.
231. Rights of parties to a contract made by agent not disclosed.
232. Performance of contract with agent supposed to be principal.
233. Right of person dealing with agent personally liable.
8
SECTIONS
234. Consequence of inducing agent or principal to act on belief that principal or agent will be held
exclusively liable.
235. Liability of pretended agent.
236. Person falsely contracting as agent, not entitled to performance.
237. Liability of principal inducing belief that agent‟s unauthorized acts were authorized.
238. Effect, on agreement, of misrepresentation or fraud by agent.
CHAPTER XI
OF PARTNERSHIP
239. —266. [Repealed.]
SCHEDULE—[Repealed.]
9
THE INDIAN CONTRACT ACT, 1872
ACT NO. 9 OF 18721
[25th April, 1872.]
Preamble—WHEREAS it is expedient to define and amend certain parts of the law relating to
contracts;
It is hereby enacted as follows:—
PRELIMINARY
1. Short title.—This Act may be called the Indian Contract Act, 1872.
Extent, Commencement.—It extends to the whole of India 2
[except the State of Jammu and
Kashmir]; and it shall come into force on the first day of September, 1872.
Saving—3
*** Nothing herein contained shall affect the provisions of any Statute, Act or Regulation
not hereby expressly repealed, nor any usage or custom of trade, nor any incident of any contract, not
inconsistent with the provisions of this Act.
2. Interpretation-clause.—In this Act the following words and expressions are used in the following
senses, unless a contrary intention appears from the context:—
(a) When one person signifies to another his willingness to do or to abstain from doing anything,
with a view to obtaining the assent of that other to such act or abstinence, he is said to make a
proposal;

1. For the Statement of Objects and Reasons for the Bill which was based on a a report of Her Majesty‟s Commissioners
appointed to prepare a body of substantive law for India, dated 6th July, 1866, see Gazette of India, 1867 Extraordinary, p. 34; for
the Report of the Select Committee, see ibid., Extraordinary, dated 28th March, 1872; for discussions in Council, see ibid., 1867,
Supplement, p. 1064; ibid., 1871, p. 313, and ibid., 1872, p. 527. It has been amended in C.P. by C.P. Act 1 of 1915 and in C.P.
and Berar by C.P. and Berar Act 15 of 1938.
The Chapters and sections of the Transfer of Property Act, 1882 (4 of 1882), which relate to contracts are, in places in which
that Act is in force, to be taken as part of this Act—see Act 4 of 1882, a. 4.
This Act has been extended to Berar by the Berar Laws Act, 1941 (4 of 1941) to Dadra and Nagar Haveli by Reg. 6 of 1963,
s. 2 and Sch. I to Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and Sch., to Laccadive, Minicoy and Amindivi Islands by
Reg. 8 of 1965, s. 3 and Sch., to Pondicherry by Act 26 of 1968, s. 3 and Sch. and has been declared to be in force in—
the Sonthal Parganas—see Sonthal Parganas Settlement Regulation, 1872 (3 of 1872), s. 3, as amended by the Sonthal
Parganas Justice and Laws Regulation, 1899 (3 of 1899), s. 3.
Panth Piploda—see the Panth Piploda Law Regulation, 1929 (1 of 1929), s. 2.
It has been declared, by notification under s. 3(a) of the Scheduled Districts Act, 1874 (14 of 1874), to be in force in—
the Tarai of the Province of Agra—see Gazette of India, 1876, Pt. I, p. 505;
the Districts of Hazaribagh, Lohardaga and Manbhum, and Pargana Dhalbhum and the Kolhan in the District of Singhbhum—
see Gazette of India, 1881, pt. I, p. 504.—The District of Lohardaga included at this time the present District of Palamau which
was separated in 1894. The District of Lohardaga is now called the Ranchi District—see Calcutta Gazette, 1899, pt. I, p. 44.
2. Subs. by Act 3 of 1951, s. 3 and Sch., for “except Part B States.”
3. The words “The enactments mentioned in the Schedule hereto are repealed to the extent specified in the third column thereof,
but” rep. by Act 10 of 1914, s. 3 and Sch. II.
10
(b) When the person to whom the proposal is made signifies his assent thereto, the proposal is
said to be accepted. A proposal, when accepted, becomes a promise;
(c) The person making the proposal is called the “promisor”, and the person accepting the
proposal is called the “promisee”;
(d) When, at the desire of the promisor, the promisee or any other person has done or abstained
from doing, or does or abstains from doing, or promises to do or to abstain from doing, something,
such act or abstinence or promise is called a consideration for the promise;
(e) Every promise and every set of promises, forming the consideration for each other, is an
agreement;
(f) Promises which form the consideration or part of the consideration for each other are called
reciprocal promises;
(g) An agreement not enforceable by law is said to be void;
(h) An agreement enforceable by law is a contract;
(i) An agreement which is enforceable by law at the option of one or more of the parties thereto,
but not at the option of the other or others, is a voidable contract;
(j) A contract which ceases to be enforceable by law becomes void when it ceases to be
enforceable.
CHAPTER I
OF THE COMMUNICATION, ACCEPTANCE AND REVOCATION OF PROPOSALS
3. Communication, acceptance and revocation of proposals.—The communication of proposals
the acceptance of proposals, and the revocation of proposals and acceptances, respectively, are deemed to
be made by any act or omission of the party proposing, accepting or revoking by which he intends to
communicate such proposal, acceptance or revocation, or which has the effect of communicating it.
4. Communication when complete.—The communication of a proposal is complete when it comes
to the knowledge of the person to whom it is made.
The communication of an acceptance is complete,—
as against the proposer, when it is put in a course of transmission to him, so as to be out of the
power of the acceptor;
as against the acceptor, when it comes to the knowledge of the proposer.
The communication of a revocation is complete,—
as against the person who makes it, when it is put into a course of transmission to the person to
whom it is made, so as to be out of the power of the person who makes it;
as against the person to whom it is made, when it comes to his knowledge.
Illustrations
(a) A proposes, by letter, to sell a house to B at a certain price.
The communication of the proposal is complete when B receives the letter.
(b) B accepts A‟s proposal by a letter sent by post.
The communication of the acceptance is complete,
as against A when the letter is post;
as against B, when the letter is received by A.
(c) A revokes his proposal by telegram.
The revocation is complete as against A when the telegram is despatched. It is complete as against B when B receives it.
B revokes his acceptance by telegram. B‟s revocation is complete as against B when the telegram is despatched, and as
against A when it reaches him.
11
5. Revocation of proposals and acceptances.—A proposal may be revoked at any time before the
communication of its acceptance is complete as against the proposer, but not afterwards.
An acceptance may be revoked at any time before the communication of the acceptance is complete
as against the acceptor, but not afterwards.
Illustrations
A proposes, by a letter sent by post, to sell his house to B.
B accepts the proposal by a letter sent by post.
A may revoke his proposal at any time before or at the moment when B posts his letter of acceptance, but not afterwards.
B may revoke his acceptance at any time before or at the moment when the letter communicating it reaches A, but not
afterwards.
6. Revocation how made.—A proposal is revoked—
(1) by the communication of notice of revocation by the proposer to the other party;
(2) by the lapse of the time prescribed in such proposal for its acceptance, or, if no time is so
prescribed, by the lapse of a reasonable time, without communication of the acceptance;
(3) by the failure of the acceptor to fulfil a condition precedent to acceptance; or
(4) by the death or insanity of the proposer, if the fact of his death or insanity comes to the
knowledge of the acceptor before acceptance.
7. Acceptance must be absolute.—In order to convert a proposal into a promise, the acceptance
must—
(1) be absolute and unqualified;
(2) be expressed in some usual and reasonable manner, unless the proposal prescribes the manner
in which it is to be accepted. If the proposal prescribes a manner in which it is to be accepted, and the
acceptance is not made in such manner, the proposer may, within a reasonable time after the
acceptance is communicated to him, insist that his proposal shall be accepted in the prescribed
manner, and not otherwise; but if he fails to do so, he accepts the acceptance.
8. Acceptance by performing conditions, or receiving consideration.—Performance of the
conditions of a proposal, or the acceptance of any consideration for a reciprocal promise which may be
offered with a proposal, is an acceptance of the proposal.
9. Promises, express and implied.—In so far as the proposal or acceptance of any promise is made
in words, the promise is said to be express. In so far as such proposal or acceptance is made otherwise
than in words, the promise is said to be implied.
CHAPTER II
OF CONTRACTS, VOIDABLE CONTRACTS AND VOID AGREEMENTS
10. What agreements are contracts.—All agreements are contracts if they are made by the free
consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not
hereby expressly declared to be void.
Nothing herein contained shall affect any law in force in 1
[India] and not hereby expressly repealed

1. Subs. by Act 3 of 1951, s. 3 and Sch., for “Part A States and Part C States” which had been subs. by the A.O. 1950, for
“the Provinces”.
12
by which any contract is required to be made in writing1
or in the presence of witnesses, or any law
relating to the registration of documents.
11. Who are competent to contract.—Every person is competent to contract who is of the age of
majority according to the law to which he is subject2
, and who is of sound mind and is not disqualified
from contracting by any law to which he is subject.
12. What is a sound mind for the purposes of contracting.—A person is said to be of sound mind
for the purpose of making a contract, if, at the time when he makes it, he is capable of understanding it
and of forming a rational judgment as to its effect upon his interests.
A person who is usually of unsound mind, but occasionally of sound mind, may make a contract
when he is of sound mind.
A person who is usually of sound mind, but occasionally of unsound mind, may not make a contract
when he is of unsound mind.
Illustrations
(a) A patient in a lunatic asylum, who is at intervals of sound mind, may contract during those intervals.
(b) A sane man, who is delirious from fever or who is so drunk that he cannot understand the terms of a contract, or form a
rational judgment as to its effect on his interests, cannot contract whilst such delirium or drunkenness lasts.
13. “Consent” defined.—Two or more persons are said to consent when they agree upon the same
thing in the same sense.
14. “Free consent” defined.—Consent is said to be free when it is not caused by—
(1) coercion, as defined in section 15, or
(2) undue influence, as defined in section 16, or
(3) fraud, as defined in section 17, or
(4) misrepresentation, as defined in section 18, or
(5) mistake, subject to the provisions of sections 20, 21 and 22.
Consent is said to be so caused when it would not have been given but for the existence of such
coercion, undue influence, fraud, misrepresentation or mistake.
15. “Coercion” defined.—“Coercion” is the committing, or threatening to commit, any act forbidden
by the Indian Penal Code (45 of 1860) or the unlawful detaining, or threatening to detain, any property, to
the prejudice of any person whatever, with the intention of causing any person to enter into an agreement.
Explanation.—It is immaterial whether the Indian Penal Code (45 of 1860) is or is not in force in the
place where the coercion is employed.
Illustration
A, on board an English ship on the high seas, causes B to enter into an agreement by an act amounting to criminal
intimidation under the Indian Penal Code. (45 of 1860).
A afterwards sues B for breach of contract at Calcutta.
A has employed coercion, although his act is not an offence by the law of England, and although section 506 of the Indian
Penal Code (45 of 1860) was not in force at the time when or place where the act was done.
3
[16. “Undue influence” defined.—(1) A contract is said to be induced by “undue influence” where
the relations subsisting between the parties are such that one of the parties is in a position to dominate the
will of the other and uses that position to obtain an unfair advantage over the other.

1. See e.g., s. 25, infra; the Copyright Act, 1957 (14 of 1957), s. 19; the Carriers Act, 1865 (3 of 1865) ss. 6 and 7;
the Companies Act, 1956 (1 of 1956) ss 12, 30, 46 and 109.
2. See the Indian Majority Act, 1875 (9 of 1875).
3. Subs. by Act 6 of 1899, s. 2 for the original s. 16.
13
(2) In particular and without prejudice to the generality of the foregoing principle, a person is deemed
to be in a position to dominate the will of another—
(a) where he holds a real or apparent authority over the other, or where he stands in a fiduciary
relation to the other; or
(b) where he makes a contract with a person whose mental capacity is temporarily or permanently
affected by reason of age, illness, or mental or bodily distress.
(3) Where a person who is in a position to dominate the will of another, enters into a contract with
him, and the transaction appears, on the face of it or on the evidence adduced, to be unconscionable, the
burden of proving that such contract was not induced by undue influence shall lie upon the person in a
position to dominate the will of the other.
Nothing in this sub-section shall affect the provisions of section 111 of the Indian Evidence Act, 1872
(1 of 1872).
Illustrations
(a) A having advanced money to his son, B, during his minority, upon B‟s coming of age obtains, by misuse of parental
influence, a bond from B for a greater amount than the sum due in respect of the advance. A employs undue influence.
(b) A, a man enfeebled by disease or age, is induced, by B‟s influence over him as his medical attendant, to agree to pay B
an unreasonable sum for his professional services, B employs undue influence.
(c) A, being in debt to B, the money-lender of his village, contracts a fresh loan on terms which appear to be
unconscionable. It lies on B to prove that the contract was not induced by undue influence.
(d) A applies to a banker for a loan at a time when there is stringency in the money market. The banker declines to make the
loan except at an unusually high rate of interest. A accepts the loan on these terms. This is a transaction in the ordinary course of
business, and the contract is not induced by undue influence.]
17. “Fraud” defined.—“Fraud” means and includes any of the following acts committed by a party
to a contract, or with his connivance, or by his agent1
, with intent to deceive another party thereto of his
agent, or to induce him to enter into the contract:—
(1) the suggestion, as a fact, of that which is not true, by one who does not believe it to be true;
(2) the active concealment of a fact by one having knowledge or belief of the fact;
(3) a promise made without any intention of performing it;
(4) any other act fitted to deceive;
(5) any such act or omission as the law specially declares to be fraudulent.
Explanation.—Mere silence as to facts likely to affect the willingness of a person to enter into a
contract is not fraud, unless the circumstances of the case are such that, regard being had to them, it is the
duty of the person keeping silence to speak2
, or unless his silence is, in itself, equivalent to speech.
Illustrations
(a) A sells, by auction, to B, a horse which A knows to be unsound. A says nothing to B about the horse‟s unsoundness. This
is not fraud in A.
(b) B is A‟s daughter and has just come of age. Here, the relation between the parties would make it A‟s duty to tell B if the
horse is unsound.
(c) B says to A—“If you do not deny it, I shall assume that the horse is sound.” A says nothing. Here, A‟s silence is
equivalent to speech.
(d) A and B, being traders, enter upon a contract. A has private information of a change in prices which would affect B‟s
willingness to proceed with the contract. A is not bound to inform B.

1. Cf. s. 238, infra.
2. See s. 143, infra.
14
18. “Misrepresentation” defined.—“Misrepresentation” means and includes—
(1) the positive assertion, in a manner not warranted by the information of the person making it,
of that which is not true, though he believes it to be true;
(2) any breach of duty which, without an intent to deceive, gains an advantage to the person
committing it, or any one claiming under him; by misleading another to his prejudice, or to the
prejudice of any one claiming under him;
(3) causing, however innocently, a party to an agreement, to make a mistake as to the substance
of the thing which is the subject of the agreement.
19. Voidability of agreements without free consent.—When consent to an agreement is caused by
coercion, 1
*** fraud or misrepresentation, the agreement is a contract voidable at the option of the party
whose consent was so caused.
A party to a contract whose consent was caused by fraud or misrepresentation, may, if he thinks fit,
insist that the contract shall be performed, and that he shall be put in the position in which he would have
been if the representations made had been true.
Exception.—If such consent was caused by misrepresentation or by silence, fraudulent within the
meaning of section 17, the contract, nevertheless, is not voidable, if the party whose consent was so
caused had the means of discovering the truth with ordinary diligence.
Explanation.—A fraud or misrepresentation which did not cause the consent to a contract of the party
on whom such fraud was practised, or to whom such misrepresentation was made, does not render a
contract voidable.
Illustrations
(a) A, intending to deceive B, falsely represents that five hundred maunds of indigo are made annually at A‟s factory, and
thereby induces B to buy the factory. The contract is voidable at the option of B.
(b) A, by a misrepresentation, leads B erroneously to believe that, five hundred maunds of indigo are made annually at A‟s
factory. B examines the accounts of the factory, which show that only four hundred maunds of indigo have been made. After this
B buys the factory. The contract is not voidable on account of A‟s misrepresentation.
(c) A fraudulently informs B that A‟s estate is free from incumbrance. B thereupon buys the estate. The estate is subject to a
mortgage. B may either avoid the contract, or may insist on its being carried out and the mortgage debt redeemed.
(d) B, having discovered a vein of ore on the estate of A, adopts means to conceal, and does conceal, the existence of the ore
from A. Through A‟s ignorance B is enabled to buy the estate at an under-value. The contract is voidable at the option of A.
(e) A is entitled to succeed to an estate at the death of B, B dies: C, having received intelligence of B‟s death, prevents the
intelligence reaching A, and thus induces A to sell him his interest in the estate. The sale is voidable at the option of A.
2
[19A. Power to set aside contract induced by undue influence.—When consent to an agreement is
caused by undue influence, the agreement is a contract voidable at the option of the party whose consent
was so caused.
Any such contract may be set aside either absolutely or, if the party who was entitled to avoid it has
received any benefit thereunder, upon such terms and conditions as to the Court may seem just.
Illustrations
(a) A‟s son has forged B‟s name to a promissory note. B under threat of prosecuting A‟s son, obtains a bond from A for the
amount of the forged note. If B sues on this bond, the Court may set the bond aside.

1. The words “undue influence” rep. by Act 6 of 1899, s. 3.
2. Ins. by Act 6 of 1899, s. 3.
15
(b) A, a money-lender, advances Rs. 100 to B, an agriculturist, and, by undue influence, induces B to execute a bond for
Rs. 200 with interest at 6 per cent. per month. The Court may set the bond aside, ordering B to repay the Rs. 100 with such
interest as may seem just.]
20. Agreement void where both parties are under mistake as to matter of fact.—Where both the
parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement
is void.
Explanation.—An erroneous opinion as to the value of the thing which forms the subject-matter of
the agreement, is not to be deemed a mistake as to a matter of fact.
Illustrations
(a) A agrees to sell to B a specific cargo of goods supposed to be on its way from England to Bombay. It turns out that,
before the day of the bargain, the ship conveying the cargo had been cast away and the goods lost. Neither party was aware of the
these facts. The agreement is void.
(b) A agrees to buy from B a certain horse. It turns out that the horse was dead at the time of bargain, though neither party
was aware of the fact. The agreement is void.
(c) A, being entitled to an estate for the life of B, agrees to sell it to C. B was dead at the time of the agreement, but both
parties were ignorant of the fact. The agreement is void.
21. Effect of mistakes as to law.—A contract is not voidable because it was caused by a mistake as
to any law in force in 1
[India]; but a mistake as to a law not in force in 1
[India] has the same effect as a
mistake of fact.
2
* * * * *
Illustration
A and B make a contract grounded on the erroneous belief that a particular debt is barred by the Indian Law of Limitation;
the contract is not voidable.
3
* * * * *
22. Contract caused by mistake of one party as to matter of fact.—A contract is not voidable
merely because it was caused by one of the parties to it being under a mistake as to a matter of fact.
23. What considerations and objects are lawful, and what not.—The consideration or object of an
agreement is lawful, unless—
it is forbidden by law4
; or
is of such a nature that, if permitted, it would defeat the provisions of any law; or
is fraudulent ; or
involves or implies, injury to the person or property of another; or
the Court regards it as immoral, or opposed to public policy.
In each of these cases, the consideration or object of an agreement is said to be unlawful. Every
agreement of which the object or consideration is unlawful is void.
Illustrations
(a) A agrees to sell his house to B for 10,000 rupees. Here B‟s promise to pay the sum of 10,000 rupees is the consideration
for A‟s promise to sell the house, and A‟s promise to sell the house is the consideration for B‟s promise to pay the 10,000 rupees.
These are lawful considerations.

1. The original words „British India” have successively been amended by the A.O. 1948 and the A.O. 1950 to read as above.
2. Paragraph 2, ins. by the A.O. 1937, and as amended by the A. O. 1948 was Rep. by the A. O. 1950.
3. The second Illustration to s. 21 rep. by Act 24 of 1917, s. 3 and Sch. II.
4. See ss. 26, 27, 28 and 30, infra.
16
(b) A promises to pay B 1,000 rupees at the end of six months, if C, who owes that sum to B, fails to pay it. B promises to
grant time to C accordingly. Here, the promise of each party is the consideration for the promise of the other party, and they are
lawful considerations.
(c) A promises, for a certain sum paid to him by B, to make good to B the value of his ship if it is wrecked on a certain
voyage. Here, A‟s promise is the consideration for B‟s payment and B‟s payment is the consideration for A‟s promise, and these
are lawful considerations.
(d) A promises to maintain B‟s child, and B promises to pay A 1,000 rupees yearly for the purpose. Here, the promise of
each party is the consideration for the promise of the other party. They are lawful considerations.
(e) A, B and C enter into an agreement for the division among them of gains acquired or to be acquired, by them by fraud.
The agreement is void, as its object is unlawful.
(f) A promises to obtain for B an employment in the public service and B promises to pay 1,000 rupees to A. The agreement
is void, as the consideration for it is unlawful.
(g) A, being agent for a landed proprietor, agrees for money, without the knowledge of his principal, to obtain for B a lease
of land belonging to his principal. The agreement between A and B is void. as it implies a fraud by concealment, by A, on his
principal.
(h) A promises B to drop a prosecution which he has instituted against B for robbery, and B promises to restore the value of
the things taken. The agreement is void, as its object is unlawful.
(i) A‟s estate is sold for arrears of revenue under the provisions of an Act of the Legislature, by which the defaulter is
prohibited from purchasing the estate. B, upon an understanding with A, becomes the purchaser, and agrees to convey the estate
to A upon receiving from him the price which B has paid. The agreement is void, as it renders the transaction, in effect, a
purchase by the defaulter, and would so defeat the object of the law.
(j) A, who is B‟s mukhtar, promises to exercise his influence, as such, with B in favour of C, and C promises to pay 1,000
rupees to A. The agreement is void, because it is immoral.
(k) A agrees to let her daughter to hire to B for concubinage. The agreement is void, because it is immoral, though the letting
may not be punishable under the Indian Penal Code (45 of 1860).
Void agreements
24. Agreement void, if considerations and objects unlawful in part.—If any part of a single
consideration for one or more objects, or any one or any part of any one of several considerations for a
single object, is unlawful, the agreement is void.
Illustration
A promises to superintend, on behalf of B, a legal manufacture of indigo, and an illegal traffic in other articles. B promises
to pay to A a salary of 10,000 rupees a year. The agreement is void, the object of A‟s promise, and the consideration for B‟s
promise, being in part unlawful.
25. Agreement without consideration, void, unless it is in writing and registered or is a promise
to compensate for something done or is a promise to pay a debt barred by limitation law.—An
agreement made without consideration is void, unless—
(1) it is expressed in writing and registered under the law for the time being in force for the
registration of 1
[documents], and is made on account of natural love and affection between parties
standing in a near relation to each other ; or unless
(2) it is a promise to compensate, wholly or in part, a person who has already voluntarily done
something for the promisor, or something which the promisor was legally compellable to do; or
unless;
(3) it is a promise, made in writing and signed by the person to be charged therewith, or by his
agent generally or specially authorized in that behalf, to pay wholly or in part a debt of which the
creditor might have enforced payment but for the law for the limitation of suits.
In any of these cases, such an agreement is a contract.
Explanation 1.—Nothing in this section shall affect the validity, as between the donor and donee, of
any gift actually made.

1. Subs. by Act 12 of 1891, s. 2 and Sch. II, Pt. I, for “assurances”.
17
Explanation 2.—An agreement to which the consent of the promisor is freely given is not void
merely because the consideration is inadequate; but the inadequacy of the consideration may be taken into
account by the Court in determining the question whether the consent of the promisor was freely given.
Illustrations
(a) A promises, for no consideration, to give to B Rs. 1,000. This is a void agreement.
(b) A, for natural love and affection, promises to give his son, B, Rs. 1,000. A puts his promise to B into writing and
registers it. This is a contract.
(c) A finds B‟s purse and gives it to him. B promises to give A Rs. 50. This is a contract.
(d) A supports B‟s infant son. B promises to pay A‟s expenses in so doing. This is a contract.
(e) A owes B Rs. 1,000, but the debt is barred by the Limitation Act. A signs a written promise to pay B Rs. 500 on account
of the debt. This is a contract.
(f) A agrees to sell a horse worth Rs. 1,000 for Rs. 10. A‟s consent to the agreement was freely given. The agreement is a
contract notwithstanding the inadequacy of the consideration.
(g) A agrees to sell a horse worth Rs. 1,000 for Rs. 10. A denies that his consent to the agreement was freely given.
The inadequacy of the consideration is a fact which the Court should take into account in considering whether or not A‟s
consent was freely given.
26. Agreement in restraint of marriage, void.—Every agreement in restraint of the marriage of any
person, other than a minor, is void.
27. Agreement in restraint of trade, void.—Every agreement by which any one is restrained from
exercising a lawful profession, trade or business of any kind, is to that extent void.
Exception 1.—Saving of agreement not to carry on business of which good-will is sold.—One
who sells the good-will of a business may agree with the buyer to refrain from carrying on a similar
business, within specified local limits, so long as the buyer, or any person deriving title to the good-will
from him, carries on a like business therein, provided that such limits appear to the Court reasonable,
regard being had to the nature of the business.
1
* * * * *.
28. Agreements in restraint of legal proceedings, void.—2
[Every agreement,—
(a) by which any party thereto is restricted absolutely from enforcing his rights under or in
respect of any contract, by the usual legal proceedings in the ordinary tribunals, or which limits the
time within which he may thus enforce his rights; or
(b) which extinguishes the rights of any party thereto, or discharges any party thereto, from any
liability, under or in respect of any contract on the expiry of a specified period so as to restrict any
party from enforcing his rights,
is void to the extent.]
Exception 1.—Saving of contract to refer to arbitration dispute that may arise.—This section
shall not render illegal a contract, by which two or more persons agree that any dispute which may arise
between them in respect of any subject or class of subjects shall be referred to arbitration, and that only
the amount awarded in such arbitration shall be recoverable in respect of the dispute so referred.
3
* * * * *
Exception 2.—Saving of contract to refer questions that have already arisen.—Nor shall this
section render illegal any contract in writing, by which two or more persons agree to refer to arbitration
any question between them which has already arisen, or affect any provision of any law in force for the
time being as to references to arbitration4
.

1. Exceptions 2 and 3 rep. by Act 9 of 1932, s. 73 and Sch. II.
2. Subs. by Act 1 of 1997, s. 2, for certain words (w.e.f. 8-1-1997).
3. The second clause of Exception 1 to section 28 rep. by Act 1 of 1877, s. 2 and Sch.
4. Cf. the Arbitration Act, 1940 (10 of 1940) and the Companies Act, 1956 (1 of 1956), s. 389.
18
1
[Exception 3.—Saving of a guarantee agreement of a bank or a financial institution.—This
section shall not render illegal a contract in writing by which any bank or financial institution stipulate a
term in a guarantee or any agreement making a provision for guarantee for extinguishment of the rights or
discharge of any party thereto from any liability under or in respect of such guarantee or agreement on the
expiry of a specified period which is not less than one year from the date of occurring or non-occurring of
a specified event for extinguishment or discharge of such party from the said liability.
Explanation.—(i) In Exception 3, the expression “bank” means—
(a) a “banking company” as defined in clause (c) of section 5 of the Banking Regulation
Act, 1949 (10 of 1949);
(b) “a corresponding new bank” as defined in clause (da) of section 5 of the Banking Regulation
Act, 1949 (10 of 1949);
(c) “State Bank of India” constituted under section 3 of the State Bank of India Act, 1955
(23 of 1955);
(d) “a subsidiary bank” as defined in clause (k) of section 2 of the State Bank of India (Subsidiary
Banks) Act, 1959 (38 of 1959);
(e) “a Regional Rural Bank” established under section 3 of the Regional Rural Banks
Act, 1976 (21 of 1976);
(f) “a Co-operative Bank” as defined in clause (cci) of section 5 of the Banking Regulation
Act, 1949 (10 of 1949);
(g) “a multi-State co-operative bank” as defined in clause (cciiia) of section 5 of the Banking
Regulation Act, 1949 (10 of 1949); and
(ii) In Exception 3, the expression “a financial institution” means any public financial institution
within the meaning of section 4A of the Companies Act, 1956 (1 of 1956).]
29. Agreements void for uncertainty.—Agreements, the meaning of which is not certain, or capable
of being made certain, are void.
Illustrations
(a) A agrees to sell to B “a hundred tons of oil”. There is nothing whatever to show what kind of oil was intended. The
agreement is void for uncertainty.
(b) A agrees to sell to B one hundred tons of oil of a specified description, known as an article of commerce. There is no
uncertainty here to make the agreement void.
(c) A, who is a dealer in cocoanut-oil only, agrees to sell to B “one hundred tons of oil”. The nature of A‟s trade affords an
indication of the meaning of the words, and A has entered into a contract for the sale of one hundred tons of cocoanut-oil.
(d) A agrees to sell to B “all the grain in my granary at Ramnagar”. There is no uncertainty here to make the agreement void.
(e) A agrees to sell B “one thousand maunds of rice at a price to be fixed by C”. As the price is capable of being made
certain, there is no uncertainty here to make the agreement void.
(f) A agrees to sell to B “my white horse for rupees five hundred or rupees one thousand”. There is nothing to show which of
the two prices was to be given. The agreement is void.
30. Agreements by way of wager void.—Agreements by way of wager are void; and no suit shall be
brought for recovering anything alleged to be won on any wager, or entrusted to any person to abide the
result of any game or other uncertain event on which any wager is made.

1. Ins. by Act 4 of 2013, s. 17 and the Sch. (w.e.f. 18-1-2013).
19
Exception in favour of certain prizes for horse-racing.—This section shall not be deemed to
render unlawful a subscription or contribution, or agreement to subscribe or contribute, made or entered
into for or toward any plate, prize or sum of money, of the value or amount of five hundred rupees or
upwards, to be awarded to the winner or winners of any horse-race.
Section 294A of the Indian Penal Code not affected.—Nothing in this section shall be deemed to
legalize any transaction connected with horse-racing, to which the provisions of section 294A of the
Indian Penal Code (45 of 1860) apply.
CHAPTER III
OF CONTINGENT CONTRACTS
31. “Contingent contract” defined.—A “contingent contract is a contract to do or not to do
something, if some event, collateral to such contract, does or does not happen.
Illustration
A contracts to pay B Rs. 10,000 if B‟s house is burnt. This is a contingent contract.
32. Enforcement of contracts contingent on an event happening.—Contingent contracts to do or
not to do anything if an uncertain future event happens cannot be enforced by law unless and until that
event has happened.
If the event becomes impossible, such contracts become void.
Illustrations
(a) A makes a contract with B to buy B‟s horse if A survives C. This contract cannot be enforced by law unless and until C
dies in A‟s lifetime.
(b) A makes a contract with B to sell a horse to B at a specified price, if C, to whom the horse has been offered, refuses to
buy him. The contract cannot be enforced by law unless and until C refuses to buy the horse.
(c) A contracts to pay B a sum of money when B marries C. C dies without being married to B. The contract becomes void.
33. Enforcement of contracts contingent on an event not happening.—Contingent contracts to do
or not to do anything if an uncertain future event does not happen can be enforced when the happening of
that event becomes impossible, and not before.
Illustration
A agrees to pay B a sum of money if a certain ship does not return. The ship is sunk. The contract can be enforced when the
ship sinks.
34. When event on which contract is contingent to be deemed impossible, if it is the future
conduct of a living person.—If the future event on which a contract is contingent is the way in which a
person will act at an unspecified time, the event shall be considered to become impossible when such
person does anything which renders it impossible that he should so act within any definite time, or
otherwise than under further contingencies.
Illustration
A agrees to pay B a sum of money if B marries C. C marries D. The marriage of B to C must now be considered impossible,
although it is possible that D may die and that C may afterwards marry B.
35. When contracts become void which are contingent on happening of specified event within
fixed time.—Contingent contracts to do or not to do anything if a specified uncertain event happens
within a fixed time become void if, at the expiration of the time fixed, such event has not happened, or if,
before the time fixed, such event becomes impossible.
20
When contracts may be enforced, which are contingent on specified event not happening within
fixed time.—Contingent contracts to do or not to do anything, if a specified uncertain event does not
happen within a fixed time may be enforced by law when the time fixed has expired and such event has
not happened or, before the time fixed has expired, if it becomes certain that such event will not happen.
Illustrations
(a) A promises to pay B a sum of money if a certain ship returns within a year. The contract may be enforced if the ship
returns within the year, and becomes void if the ship is burnt within the year.
(b) A promises to pay B a sum of money if a certain ship does not return within a year. The contract may be enforced if the
ship does not return within the year, or is burnt within the year.
36. Agreement contingent on impossible events void.—Contingent agreements to do or not to do
anything, if an impossible event happens, are void, whether the impossibility of the event is known or not
to the parties to the agreement at the time when it is made.
Illustrations
(a) A agrees to pay B 1,000 rupees if two straight lines should enclose a space. The agreement is void.
(b) A agrees to pay B 1,000 rupees if B will marry A‟s daughter C. C was dead at the time of the agreement. The agreement
is void.
CHAPTER IV
OF THE PERFORMANCE OF CONTRACTS
Contracts which must be performed
37. Obligation of parties to contracts.—The parties to a contract must either perform, or offer to
perform, their respective promises, unless such performance is dispensed with or excused under the
provisions of this Act, or of any other law.
Promises bind the representatives of the promisors in case of the death of such promisors before
performance, unless a contrary intention appears from the contract.
Illustrations
(a) A promises to deliver goods to B on a certain day on payment of Rs. 1,000. A dies before that day. A‟s representatives
are bound to deliver the goods to B, and B is bound to pay the Rs. 1,000 to A‟s representatives.
(b) A promises to paint a picture for B by a certain day, at a certain price. A dies before the day. The contract cannot be
enforced either by A‟s representatives or by B.
38. Effect of refusal to accept offer of performance.—Where a promisor has made an offer of
performance to the promisee, and the offer has not been accepted, the promisor is not responsible for
non-performance, nor does he thereby lose his rights under the contract.
Every such offer must fulfil the following conditions:—
(1) it must be unconditional;
(2) it must be made at a proper time and place, and under such circumstances that the person to
whom it is made may have a reasonable opportunity of ascertaining that the person by whom it is made is
able and willing there and then to do the whole of what he is bound by his promise to do;
(3) if the offer is an offer to deliver anything to the promisee, the promisee must have a
reasonable opportunity of seeing that the thing offered is the thing which the promisor is bound by his
promise to deliver.
An offer to one of several joint promisees has the same legal consequences as an offer to all of them.
21
Illustration
A contracts to deliver to B at his warehouse, on the 1st March, 1873, 100 bales of cotton of a particular quality. In order to
make an offer of a performance with the effect stated in this section, A must bring the cotton to B‟s warehouse, on the appointed
day, under such circumstances that B may have a reasonable opportunity of satisfying himself that the thing offered is cotton of
the quality contracted for, and that there are 100 bales.
39. Effect of refusal of party to perform promise wholly.—When a party to a contract has refused
to perform, or disabled himself from performing, his promise in its entirety, the promisee may put an end
to the contract, unless he has signified, by words or conduct, his acquiescence in its continuance.
Illustrations
(a) A, a singer, enters into a contract with B, the manager of a theatre, to sing at his theatre two nights in every week during
the next two months, and B engages to pay her 100 rupees for each night‟s performance. On the sixth night A wilfully absents
herself from the theatre. B is at liberty to put an end to the contract.
(b) A, a singer, enters into a contract with B, the manager of a theatre, to sing at his theatre two night‟s in every week during
the next two months, and B engages to pay her at the rate of 100 rupees for each night. On the sixth night, A wilfully absents
herself. With the assent of B, A sings on the seventh night. B has signified his acquiescence in the continuance of the contract,
and cannot now put an end to it, but is entitled to compensation for the damage sustained by him through A‟s failure to sing on
the sixth night.
By whom contracts must be performed
40. Person by whom promise is to be performed.—If it appears from the nature of the case that it
was the intention of the parties to any contract that any promise contained in it should be performed by
the promisor himself, such promise must be performed by the promisor. In other cases, the promisor or
his representatives may employ a competent person to perform it.
Illustrations
(a) A promises to pay B a sum of money. A may perform this promise, either by personally paying the money to B or by
causing it to be paid to B by another ; and, if A dies before the time appointed for payment, his representatives must perform the
promise, or employ some proper person to do so.
(b) A promises to paint a picture for B. A must perform this promise personally.
41. Effect of accepting performance from third person.—When a promisee accepts performance
of the promise from a third person, he cannot afterwards enforce it against the promisor.
42. Devolution of joint liabilities.—When two or more persons have made a joint promise, then,
unless a contrary intention appears by the contract, all such persons, during their joint lives, and, after the
death of any of them, his representative jointly with the survivor or survivors, and, after the death of the
last survivor, the representatives of all jointly, must fulfil the promise.
43. Any one of joint promisors may be compelled to perform.—When two or more persons make
a joint promise, the promisee may, in the absence of express agreement to the contrary, compel any 1
[one
or more] of such joint promisors to perform the whole of the promise.
Each promisor may compel contribution.—Each of two or more joint promisors may compel every
other joint promisor to contribute equally with himself to the performance of the promise, unless a
contrary intention appears from the contract.
Sharing of loss by default in contribution.—If any one of two or more joint promisors makes
default in such contribution, the remaining joint promisors must bear the loss arising from such default in
equal shares.

1. Subs. by Act 12 of 1891, s. 2 and Sch. II Pt. I for “one”.
22
Explanation.—Nothing in this section shall prevent a surety from recovering from his principal,
payments made by the surety on behalf of the principal, or entitle the principal to recover anything from
the surety on account of payments made by the principal.
Illustrations
(a) A, B and C jointly promise to pay D 3,000 rupees. D may compel either A or B or C to pay him 3,000 rupees.
(b) A, B and C jointly promise to pay D the sum of 3,000 rupees. C is compelled to pay the whole. A is insolvent, but his
assets are sufficient to pay one-half of his debts. C is entitled to receive 500 rupees from A‟s estate, and 1,250 rupees from B.
(c) A, B and C are under a joint promise to pay D 3,000 rupees. C is unable to pay anything, and A is compelled to pay the
whole. A is entitled to receive 1,500 rupees from B.
(d) A, B and C are under a joint promise to pay D 3,000 rupees, A and B being only sureties for C. C fails to pay. A and B
are compelled to pay the whole sum. They are entitled to recover it from C.
44. Effect of release of one joint promisor.—Where two or more persons have made a joint
promise, a release of one of such joint promisors by the promisee does not discharge the other joint
promisor or joint promisors neither does it free the joint promisors so released from responsibility to the
other joint promisor or joint promisors.1
45. Devolution of joint rights.—When a person has made a promise to two or more persons jointly,
then, unless a contrary intention appears from the contract, the right to claim performance rests, as
between him and them, with them during their joint lives, and, after the death of any of them, with the
representative of such deceased person jointly with the survivor or survivors, and, after the death of the
last survivor, with the representatives of all jointly.2
Illustration
A, in consideration of 5,000 rupees, lent to him by B and C, promises B and C jointly to repay them that sum with interest
on a day specified. B dies. The right to claim performance rests with B‟s representative jointly with C during C‟s life, and after
the death of C with the representatives of B and C jointly.
Time and place for performance
46. Time for performance of promise, when no application is to be made and no time is
specified.—Where, by the contract, a promisor is to perform his promise without application by the
promisee, and no time for performance is specified, the engagement must be performed within a
reasonable time.
Explanation.—The question “what is a reasonable time” is, in each particular case, a question of fact.
47. Time and place for performance of promise, where time is specified and no application to be
made.—When a promise is to be performed on a certain day, and the promisor has undertaken to perform
it without application by the promisee, the promisor may perform it at any time during the usual hours of
business on such day and at the place at which the promise ought to be performed.
Illustration
A promises to deliver goods at B‟s warehouse on the first January. On that day A brings the goods to B‟s warehouse, but
after the usual hour for closing it, and they are not received. A has not performed his promise.
48. Application for performance on certain day to be at proper time and place.—When a
promise is to be performed on a certain day, and the promisor has not undertaken to perform it without
application by the promisee, it is the duty of the, promisee to apply for performance at a proper place and
within the usual hours of business.

1. See s. 138, infra.
2. For an exception to s. 45 in case of Government securities, see the Public Debt Act, 1944 (18 of 1944). s. 8.
23
Explanation.—The question “what is a proper time and place” is, in each particular case, a question
of fact.
49. Place for performance of promise, where no application to be made and no place fixed for
performance.—When a promise is to be performed without application by the promisee, and no place is
fixed for the performance of it, it is the duty of the promisor to apply to the promisee to appoint a
reasonable place for the performance of the promise, and to perform it at such place.
Illustration
A undertakes to deliver a thousand maunds of jute to B on a fixed day. A must apply to B to appoint a reasonable place for
the purpose of receiving it, and must deliver it to him at such place.
50. Performance in manner or at time prescribed or sanctioned by promisee.—The performance
of any promise may be made in any manner, or at any time which the promisee prescribes or sanctions.
Illustrations
(a) B owes A 2,000 rupees. A desires B to pay the amount to A‟s account with C, a banker. B, who also banks with C,
orders the amount to be transferred from his account to A‟s credit, and this is done by C. Afterwards, and before A knows of the
transfer, C fails. There has been a good payment by B.
(b) A and B are mutually indebted. A and B settle an account by setting off one item against another, and B pays A the
balance found to be due from him upon such settlement. This amounts to a payment by A and B, respectively, of the sums which
they owed to each other.
(c) A owes B 2,000 rupees. B accepts some of A‟s goods in reduction of the debt. The delivery of goods operates as a part
payment.
(d) A desires B, who owes him Rs. 100, to send him a note for Rs. 100 by post. The debt is discharged as soon as B puts into
the post a letter containing the note duly addressed to A.
Performance of reciprocal promises
51. Promisor not bound to perform, unless reciprocal promisee ready and willing to
perform.—When a contract consists of reciprocal promises to be simultaneously performed, no promisor
need perform his promise unless the promisee is ready and willing to perform his reciprocal promise.
Illustrations
(a) A and B contract that A shall deliver goods to B to be paid for by B on delivery.
A need not deliver the goods, unless B is ready and willing to pay for the goods on delivery.
B need not pay for the goods, unless A is ready and willing to deliver them on payment.
(b) A and B contract that A shall deliver goods to B at a price to be paid by instalments, the first instalment to be paid on
delivery.
A need not deliver, unless B is ready and willing to pay the first instalment on delivery.
B need not pay the first instalment, unless A is ready and willing to deliver the goods on payment of the first instalment.
52. Order of performance of reciprocal promises.—Where the order in which reciprocal promises
are to be performed is expressly fixed by the contract, they shall be performed in that order; and where the
order is not expressly fixed by the contract, they shall be performed in that order which the nature of the
transaction requires.
Illustrations
(a) A and B contract that A shall build a house for B at a fixed price. A‟s promise to build the house must be performed
before B‟s promise to pay for it.
(b) A and B contract that A shall make over his stock-in-trade to B at a fixed price, and B promises to give security for the
payment of the money. A‟s promise need not be performed until the security is given, for the nature of the transaction requires
that A should have security before he delivers up his stock.
24
53. Liability of party preventing event on which the contract is to take effect.—When a contract
contains reciprocal promises, and one party to the contract prevents the other from performing his
promise, the contract becomes voidable at the option of the party so prevented; and he is entitled to
compensation 1
from the other party for any loss which he may sustain in consequence of the nonperformance
of the contract.
Illustration
A and B contract that B shall execute certain work for A for a thousand rupees. B is ready and willing to execute the work
accordingly, but A prevents him from doing so. The contract is voidable at the option of B; and, if he elects to rescind it, he is
entitled to recover from A compensation for any loss which he has incurred by its non-performance.
54. Effect of default as to that promise which should be first performed, in contract consisting
of reciprocal promises.—When a contract consists of reciprocal promises, such that one of them cannot
be performed, or that its performance cannot be claimed till the other has been performed, and the
promisor of the promise last mentioned fails to perform it, such promisor cannot claim the performance of
the reciprocal promise, and must make compensation to the other party to the contract for any loss which
such other party may sustain by the non-performance of the contract.
Illustrations
(a) A hires B‟s ship to take in and convey, from Calcutta to the Mauritius, a cargo to be provided by A, B receiving a certain
freight for its conveyance. A does not provide any cargo for the ship. A cannot claim the performance of B‟s promise, and must
make compensation to B for the loss which B sustains by the non-performance of the contract.
(b) A contracts with B to execute certain builder‟s work for a fixed price, B supplying the scaffolding and timber necessary
for the work. B refuses to furnish any scaffolding or timber, and the work cannot be executed. A need not execute the work, and
B is bound to make compensation to A for any loss caused to him by the non-performance of the contract.
(c) A contracts with B to deliver to him, at a specified price, certain merchandise on board a ship which cannot arrive for a
month, and B engages to pay for the merchandise within a week from the date of the contract. B does not pay within the week.
A‟s promise to deliver need not be performed, and B must make compensation.
(d) A promises B to sell him one hundred bales of merchandise, to be delivered next day, and B promises A to pay for them
within a month. A does not deliver according to his promise. B‟s promise to pay need not be performed, and A must make
compensation.
55. Effect of failure to perform at fixed time, in contract in which time is essential.—When a
party to a contract promises to do a certain thing at or before a specified time, or certain things at or
before specified times, and fails to do any such thing at or before the specified time, the contract, or so
much of it as has not been performed, becomes voidable at the option of the promisee, if the intention of
the parties was that time should be of the essence of the contract.
Effect of such failure when time is not essential.—If it was not the intention of the parties that time
should be of the essence of the contract, the contract does not become voidable by the failure to do such
thing at or before the specified time; but the promisee is entitled to compensation from the promisor for
any loss occasioned to him by such failure.
Effect of acceptance of performance at time other than that agreed upon.—If, in case of a
contract voidable on account of the promisor‟s failure to perform his promise at the time agreed, the
promisee accepts performance of such promise at any time other than that agreed, the promisee cannot
claim compensation for any loss occasioned by the non-performance of the promise at the time agreed,
unless, at the time of such acceptance, he gives notice to the promisor of his intention to do so.2
56. Agreement to do impossible act.—An agreement to do an act impossible in itself is void.

1. See s. 73, infra.
2. C.f. ss. 62 and 63, infra.
25
Contract to do an act afterwards becoming impossible or unlawful.—A contract to do an act
which, after the contract is made, becomes impossible, or, by reason of some event which the promisor
could not prevent, unlawful, becomes void when the act becomes impossible or unlawful.1
Compensation for loss through non-performance of act known to be impossible or unlawful.—
Where one person has promised to do something which he knew, or, with reasonable diligence, might
have known, and which the promisee did not know, to be impossible or unlawful, such promisor must
make compensation to such promisee for any loss which such promisee sustains through the nonperformance
of the promise.
Illustrations
(a) A agrees with B to discover treasure by magic. The agreement is void:
(b) A and B contract to marry each other. Before the time fixed for the marriage,. A goes mad. The contract becomes void.
(c) A contracts to marry B, being already married to C, and being forbidden by the law to which he is subject to practise
polygamy, A must make compensation to B for the loss caused to her by the non-performance of his promise.
(d) A contracts to take in cargo for B at a foreign port. A‟s Government afterwards declares war against the country in which
the port is situated. The contract becomes void when war is declared.
(e) A contracts to act at a theatre for six months in consideration of a sum paid in advance by B. On several occasions A is
too ill to act. The contract to act on those occasions becomes void.
57. Reciprocal promise to do things legal, and also other things illegal.—Where persons
reciprocally promise, firstly, to do certain things which are legal, and, secondly, under specified
circumstances, to do certain other things which are illegal, the first set of promises is a contract, but the
second is a void agreement.
Illustration
A and B agree that A shall sell B a house for 10,000 rupees, but that, if B uses it as a gambling house, he shall pay A 50,000
rupees for it.
The first set of reciprocal promises, namely, to sell the house and to pay 10,000 rupees for it, is a contract.
The second set is for an unlawful object, namely, that B may use the house as a gambling house, and is a void agreement.
58. Alternative promise, one branch being illegal.—In the case of an alternative promise, one
branch of which is legal and the other illegal, the legal branch alone can be enforced.
Illustration
A and B agree that A shall pay B 1,000 rupees, for which B shall afterwards deliver to A either rice or smuggled opium.
This is a valid contract to deliver rice, and a void agreement as to the opium.
Appropriation of payments
59. Application of payment where debt to be discharged is indicated.—Where a debtor, owing
several distinct debts to one person, makes a payment to him, either with express intimation, or under
circumstances implying, that the payment is to be applied to the discharge of some particular debt, the
payment, if accepted, must be applied accordingly.
Illustrations
(a) A owes B, among other debts, 1,000 rupees upon a promissory note which falls due on the first June. He owes B no other
debt of that amount. On the first June, A pays to B 1,000 rupees. The payment is to be applied to the discharge of the promissory
note.
(b) A owes to B, among other debts, the sum of 567 rupees. B writes to A and demands payment of this sum. A sends to B
567 rupees. This payment is to be applied to the discharge of the debt of which B had demanded payment.

1. See s. 65, infra.
26
60. Application of payment where debt to be discharged is not indicated.—Where the debtor has
omitted to intimate and there are no other circumstances indicating to which debt the payment is to be
applied, the creditor may apply it at his discretion to any lawful debt actually due and payable to him from
the debtor, whether its recovery is or is not barred by the law in force for the time being as to the
limitation of suits.
61. Application of payment where neither party appropriates.—Where neither party makes any
appropriation, the payment shall be applied in discharge of the debts in order of time, whether they are or
are not barred by the law in force for the time being as to the limitation of suits. If the debts are of equal
standing, the payment shall be applied in discharge of each proportionally.
Contracts which need not be performed
62. Effect of novation, rescission, and alteration of contract.—If the parties to a contract agree to
substitute a new contract for it, or to rescind or alter it, the original contract, need not be performed.
Illustrations
(a) A owes money to B under a contract. It is agreed between A, B and C, that B shall thenceforth accept C as his debtor,
instead of A. The old debt of A to B is at an end, and a new debt from C to B has been contracted.
(b) A owes B 10,000 rupees. A enters into an arrangement with B, and gives B a mortgage of his (A‟s) estate for 5,000
rupees in place of the debt of 10,000 rupees. This is a new contract and extinguishes the old.
(c) A owes B 1,000 rupees under a contract. B owes C 1,000 rupees, B orders A to credit C with 1,000 rupees in his books,
but C does not assent to the arrangement. B still owes C 1,000 rupees, and no new contract has been entered into.
63. Promise may dispense with or remit performance of promisee.—Every promisee may
dispense with or remit, wholly or in part, the performance of the promisee made to him, or may extend the
time for such performance1
, or may accept instead of it any satisfaction which he thinks fit.
Illustrations
(a) A promises to paint a picture for B. B afterwards forbids him to do so. A is no longer bound to perform the promise.
(b) A owes B 5,000 rupees. A pays to B, and B accepts, in satisfaction of the whole debt, 2,000 rupees paid at the time and
place at which the 5,000 rupees were payable. The whole debt is discharged.
(c) A owes B 5,000 rupees. C pays to B 1,000 rupees, and B accepts them, in satisfaction of his claim on A. This payment is
a discharge of the whole claim2
.
(d) A owes B, under. a contract, a sum of money, the amount of which has not been ascertained. A, without ascertaining the
amount, gives to B, and B, in satisfaction thereof, accepts, the sum of 2,000 rupees. This is a discharge of the whole debt,
whatever may be its amount.
(e) A owes B 2,000 rupees, and is also indebted to other creditors. A makes an arrangement with his creditors, including B,
to pay them a 3
[composition] of eight annas in the rupee upon their respective demands. Payment to B of 1,000 rupees is a
discharge of B‟s demand.
64. Consequences of rescission of voidable contract.—When a person at whose option a contract is
voidable rescinds it, the other party thereto need not perform any promise therein contained in which he is
promisor. The party rescinding avoidable contract shall, if he have received any benefit thereunder from
another party to such contract, restore such benefit, so far as may be, to the person from whom it was
received.4
65. Obligation of person who has received advantage under void agreement, or contract that
becomes void.—When an agreement is discovered to be void, or when a contract becomes void, any

1. But see s. 135, infra.
2. See s. 41, supra.
3. Subs. by Act 12 of 1891, s. 2 and Sch. II, Pt. I. for “compensation”.
4. See s. 75, infra.
27
person who has received any advantage under such agreement or contract is bound to restore it, or to
make compensation for it to the person from whom he received it.
Illustrations
(a) A pays B 1,000 rupees, in consideration of B‟s promising to marry C, A‟s daughter. C is dead at the time of the promise.
The agreement is void, but B must repay A the 1,000 rupees.
(b) A contracts with B to deliver to him 250 maunds of rice before the first of May. A delivers 130 maunds only before that
day, and none after. B retains the 130 maunds after the first of May. He is bound to pay A for them.
(c) A, a singer, contracts with B, the manager of a theatre, to sing at his theatre for two nights in every week during the next
two months, and B engages to pay her a hundred rupees for each night‟s performance. On the sixth night, A wilfully absents
herself from the theatre, and B, in consequence, rescinds the contract. B must pay A for the five nights on which she had sung.
(d) A contracts to sing for B at a concert for 1,000 rupees, which are paid in advance. A is too ill to sing. A is not bound to
make compensation to B for the loss of the profits which B would have made if A had been able to sing, but must refund to B the
1,000 rupees paid in advance.
66. Mode of communicating or revoking rescission of voidable contract.—The rescission of a
voidable contract may be communicated or revoked in the same manner, and subject to the same rules, as
apply to the communication or revocation of a proposal1
.
67. Effect of neglect of promisee to afford promisor reasonable facilities for performance.—If
any promisee neglects or refuses to afford the promisor reasonable facilities for the performance of his
promise, the promisor is excused by such neglect or refusal as to any non-performance caused thereby.
Illustration
A contracts with B to repair B‟s house.
B neglects or refuses to point out to A the places in which his house requires repair.
A is excused for the non-performance of the contract if it is caused by such neglect or refusal.
CHAPTER V
OF CERTAIN RELATIONS RESEMBLING THOSE CREATED BY CONTRACT
68. Claim for necessaries supplied to person incapable of contracting, or on his account.—If a
person, incapable of entering into a contract, or any one whom he is legally bound to support, is supplied
by another person with necessaries suited to his condition in life, the person who has furnished such
supplies is entitled to be reimbursed from the property of such incapable person.2
Illustrations
(a) A supplies B, a lunatic, with necessaries suitable to his condition in life. A is entitled to be reimbursed from B‟s
property.
(b) A supplies the wife and children of B, a lunatic, with necessaries suitable to their condition in life. A is entitled to be
reimbursed from B‟s property.
69. Reimbursement of person paying money due by another, in payment of which he is
interested.—A person who is interested in the payment of money which another is bound by law to pay,
and who therefore pays it, is entitled to be reimbursed by the other.
Illustration
B holds land in Bengal, on a lease granted by A, the zamindar. The revenue payable by A to the Government being in arrear,
his land is advertised for sale by the Government. Under the revenue law, the consequence of such sale will be the annulment of

1. See ss. 3 and 5, supra.
2. The property of a Government ward in the C.P. is not liable under this section, see the C.P. Court of Wards Act, 1899 (24 of
1899), s. 31(1).
28
B‟s lease. B, to prevent the sale and the consequent annulment of his own lease, pays to the Government the sum due from A. A
is bound to make good to B the amount so paid.
70. Obligation of person enjoying benefit of non-gratuitous act.—Where a person lawfully does
anything for another person, or delivers anything to him, not intending to do so gratuitously, and such
other person enjoys the benefit thereof, the latter is bound to make compensation to the former in respect
of, or to restore, the thing so done or delivered1
.
Illustrations
(a) A, a tradesman, leaves goods at B‟s house by mistake. B treats the goods as his own. He is bound to pay A for them.
(b) A saves B‟s property from fire. A is not entitled to compensation from B, if the circumstances show that he intended to
act gratuitously.
71. Responsibility of finder of goods.—A person who finds goods belonging to another, and takes
them into his custody, is subject to the same responsibility as a bailee2
.
72. Liability of person to whom money is paid, or thing delivered, by mistake or under
coercion.—A person to whom money has been paid, or anything delivered, by mistake or under coercion,
must repay or return it.
Illustrations
(a) A and B jointly owe 100 rupees to C, A alone pays the amount to C, and B, not knowing this fact, pays 100 rupees over
again to C. C is bound to repay the amount to B.
(b) A railway company refuses to deliver up certain goods to the consignee, except upon the payment of an illegal charge for
carriage. The consignee pays the sum charged in order to obtain the goods. He is entitled to recover so much of the charge as was
illegally excessive.
CHAPTER VI
OF THE CONSEQUENCES OF BREACH OF CONTRACT
73. Compensation for loss or damage caused by breach of contract.—When a contract has been
broken, the party who suffers by such breach is entitled to receive, from the party who has broken the
contract, compensation for any loss or damage caused to him thereby, which naturally arose in the usual
course of things from such breach, or which the parties knew, when they made the contract, to be likely to
result from the breach of it.
Such compensation is not to be given for any remote and indirect loss or damage sustained by reason
of the breach.
Compensation for failure to discharge obligation resembling those created by contract.—When
an obligation resembling those created by contract has been incurred and has not been discharged, any
person injured by the failure to discharge it is entitled to receive the same compensation from the party in
default, as if such person had contracted to discharge it and had broken his contract.
Explanation.—In estimating the loss or damage arising from a breach of contract, the means which
existed of remedying the inconvenience caused by the non-performance of the contract must be taken into
account.
Illustrations
(a) A contracts to sell and deliver 50 maunds of saltpetre to B, at a certain price to be paid on delivery. A breaks his promise.
B is entitled to receive from A, by way of compensation, the sum, if any, by which the contract price falls short of the price for
which B might have obtained 50 maunds of saltpetre of like quality at the time when the saltpetre ought to have been delivered.

1. As to suits by minors under s. 70 in Presidency Small Cause Courts, see the Presidency Small Cause Courts Act, 1882
(15 of 1882), s. 32.
2. See ss. 151 and 152, infra.
29
(b) A hires B‟s ship to go to Bombay, and there take on board, on the first of January, a cargo, which A is to provide, and to
bring it to Calcutta, the freight to be paid when earned. B‟s ship does not go to Bombay, but A has opportunities of procuring
suitable conveyance for the cargo upon terms as advantageous as those on which he had chartered the ship. A avails himself of
those opportunities, but is put to trouble and expense in doing so. A is entitled to receive compensation from B in respect of such
trouble and expense.
(c) A contracts to buy of B, at a stated price, 50 maunds of rice, no time being fixed for delivery. A afterwards informs B
that he will not accept the rice if tendered to him. B is entitled to receive from A, by way of compensation, the amount, if any, by
which the contract price exceeds that which B can obtain for the rice at the time when A informs B that he will not accept it.
(d) A contracts to buy B‟s ship for 60,000 rupees, but breaks his promise. A must pay to B, by way of compensation, the
excess, if any, of the contract price over the price which B can obtain for the ship at the time of the breach of promise.
(e) A, the owner of a boat, contracts with B to take a cargo of jute to Mirzapur, for sale at that place, starting on a specified
day. The boat, owing to some avoidable cause, does not start at the time appointed, whereby the arrival of the cargo at Mirzapur
is delayed beyond the time when it would have arrived if the boat had sailed according to the contract. After that date, and before
the arrival of the cargo, the price of jute falls. The measure of the compensation payable to B by A is the difference between the
price which B could have obtained for the cargo at Mirzapur at the time when it would have arrived if forwarded in due course,
and its market price at the time when it actually arrived.
(f) A contracts to repair B‟s house in a certain manner, and receives payment in advance. A repairs the house, but not
according to contract. B is entitled to recover from A the cost of making the repairs conform to the contract.
(g) A contracts to let his ship to B for a year, from the first of January, for a certain price. Freights rise, and, on the first of
January, the hire obtainable for the ship is higher than the contract price. A breaks his promise. He must pay to B, by way of
compensation, a sum equal to the difference between the contract price and the price for which B could hire a similar ship for a
year on and from the first of January.
(h) A contracts to supply B with a certain quantity of iron at a fixed price, being a higher price than that for which A could
procure and deliver the iron. B wrongfully refuses to receive the iron. B must pay to A, by way of compensation, the difference
between the contract price of the iron and the sum for which A could have obtained and delivered it.
(i) A delivers to B, a common carrier, a machine, to be conveyed, without delay, to A‟s mill, informing B that his mill is
stopped for want of the machine. B unreasonably delays the delivery of the machine, and A, in consequence, loses a profitable
contract with the Government. A is entitled to receive from B, by way of compensation, the average amount of profit which
would have been made by the working of the mill during the time that delivery of it was delayed, but not the loss sustained
through the loss of the Government contract.
(j) A, having contracted with B to supply B with 1,000 tons of iron at 100 rupees a ton, to be delivered at a stated time,
contracts with C for the purchase of 1,000 tons of iron at 80 rupees a ton, telling C that he does so for the purpose of performing
his contract with B. C fails to perform his contract with A, who cannot procure other iron, and B, in consequence, rescinds the
contract. C must pay to A 20,000 rupees, being the profit which A would have made by the performance of his contract with B.
(k) A contracts with B to make and deliver to B, by a fixed day, for a specified price, a certain piece of machinery. A does
not deliver the piece of machinery at the time specified, and in consequence of this, B is obliged to procure another at a higher
price than that which he was to have paid to A, and is prevented from performing a contract which B had made with a third
person at the time of his contract with A (but which had not been then communicated to A), and is compelled to make
compensation for breach of that contract. A must pay to B, by way of compensation, the difference between the contract price of
the price of machinery and the sum paid by B for another, but not the sum paid by B to the third person by way of compensation.
(l) A, a builder, contracts to erect and finish a house by the first of January, in order that B may give possession of it at that
time to C, to whom B has contracted to let it. A is informed of the contract between B and C. A builds the house so badly that,
before the first of January, it falls down and has to be re-built by B, who, in consequence, loses the rent which he was to have
received from C, and is obliged to make compensation to C for the breach of his contract. A must make compensation to B for
the cost of rebuilding the house, for the rent lost, and for the compensation made to C.
(m) A sells certain merchandise to B, warranting it to be of a particular quality, and B, in reliance upon this warranty, sells it
to C with a similar warranty. The goods prove to be not according to the warranty, and B becomes liable to pay C a sum of
money by way of compensation. B is entitled to be reimbursed this sum by A.
(n) A contracts to pay a sum of money to B on a day specified. A does not pay the money on that day, B, in consequence of
not receiving the money on that day, is unable to pay his debts, and is totally ruined. A is not liable to make good to B anything
except the principal sum he contracted to pay, together with interest up to the day of payment.
(o) A contracts to deliver 50 maunds of saltpetre to B on the first of January, at a certain price. B afterwards, before the first
of January, contracts to sell the saltpetre to C at a price higher than the market price of the first of January. A breaks his promise.
30
In estimating the compensation payable by A to B, the market price of the first of January, and not the profit which would
have arisen to B from the sale to C, is to be taken into account.
(p) A contracts to sell and deliver 500 bales of cotton to B on a fixed day. A knows nothing of B‟s mode of conducting his
business. A breaks his promise, and B, having no cotton, is obliged to close his mill. A is not responsible to B for the loss caused
to B by the closing of the mill.
(q) A contracts to sell and deliver to B, on the first of January, certain cloth which B intends to manufacture into caps of a
particular kind, for which there is no demand, except at that season. The cloth is not delivered till after the appointed time, and
too late to be used that year in making caps. B is entitled to receive from A, by way of compensation, the difference between the
contract price of the cloth and its market price at the time of delivery, but not the profits which he expected to obtain by making
caps, nor the expenses which he has been put to in making preparation for the manufacture.
(r) A, a ship-owner, contracts with B to convey him from Calcutta to Sydney in A‟s ship, sailing on the first of January, and
B pays to A, by way of deposit, one-half of his passage-money. The ship does not sail on the first of January, and B, after being
in consequence detained in Calcutta for some time and thereby put to some expense, proceeds to Sydney in another vessel, and,
in consequence, arriving too late in Sydney, loses a sum of money. A is liable to repay to B his deposit, with interest, and the
expense to which he is put by his detention in Calcutta, and the excess, if any, of the passage-money paid for the second ship over
that agreed upon for the first, but not the sum of money which B lost by arriving in Sydney too late.
74. Compensation for breach of contract where penalty stipulated for.—1
[When a contract has
been broken, if a sum is named in the contract as the amount to be paid in case of such breach, or if the
contract contains any other stipulation by way of penalty, the party complaining of the breach is entitled,
whether or not actual damage or loss is proved to have been caused thereby, to receive from the party who
has broken the contract reasonable compensation not exceeding the amount so named or, as the case may
be, the penalty stipulated for.
Explanation.—A stipulation for increased interest from the date of default may be a stipulation by
way of penalty.]
Exception.—When any person enters into any bail-bond, recognizance or other instrument of the
same nature, or, under the provisions of any law, or under the orders of the 2
[Central Government] or of
any 3
[State Government], gives any bond for the performance of any public duty or act in which the
public are interested, he shall be liable, upon breach of the condition of any such instrument, to pay the
whole sum mentioned therein.
Explanation.—A person who enters into a contract with Government does not necessarily thereby
undertake any public duty, or promise to do an act in which the public are interested.
Illustrations
(a) A contracts with B to pay B Rs. 1,000, if he fails to pay B Rs. 500 on a given day. A fails to pay B Rs. 500 on that day. B
is entitled to recover from A such compensation, not exceeding Rs. 1,000, as the Court considers reasonable.
(b) A contracts with B that, if A practises as a surgeon within Calcutta, he will pay B Rs. 5,000. A practises as a surgeon in
Calcutta. B is entitled to such compensation; not exceeding Rs. 5,000, as the Court considers reasonable.
(c) A gives a recognizance binding him in a penalty of Rs. 500 to appear in Court on a certain day. He forfeits his
recognizance. He is liable to pay the whole penalty.
4
[(d) A gives B a bond for the repayment of Rs. 1,000 with interest at 12 per cent. at the end of six months, with a stipulation
that, in case of default, interest shall be payable at the rate of 75 per cent. from the date of default. This is a stipulation by way of
penalty, and B is only entitled to recover from A such compensation as the Court considers reasonable.
(e) A, who owes money to B a money-lender, undertakes to repay him by delivering to him 10 maunds of grain on a certain
date, and stipulates that, in the event of his not delivering the stipulated amount by the stipulated date, he shall be liable to deliver
20 maunds. This is a stipulation by way of penalty, and B is only entitled to reasonable compensation in case of breach.

1. Subs. by Act 6 of 1899, s. 4, for the first paragraph of s. 74.
2. Subs. by the A.O. 1937, for “Government of India”.
3. Subs. by the A.O. 1950, for “Provincial Government”.
4. Added by Act 6 of 1899, s. 4.
31
(f) A undertakes to repay B a loan of Rs. 1,000 by five equal monthly instalments, with a stipulation that in default of
payment of any instalment, the whole shall become due. This stipulation is not by way of penalty, and the contract may be
enforced according to its terms.
(g) A borrows Rs. 100 from B and gives him a bond for Rs. 200 payable by five yearly instalments of Rs. 40, with a
stipulation that, in default of payment of any instalment, the whole shall become due. This is a stipulation by way of penalty.]
75. Party rightfully rescinding contract, entitled to compensation.—A person who rightfully
rescinds a contract is entitled to compensation for any damage which he has sustained through the
non-fulfilment of the contract.
Illustration
A, a singer, contracts with B, the manager of a theatre, to sing at his theatre for two nights in every week during the next two
months, and B engages to pay her 100 rupees for each night‟s performance. On the sixth night, A wilfully absents herself from
the theatre, and B, in consequence, rescinds the contract. B is entitled to claim compensation for the damage which he has
sustained through the non-fulfilment of the contract.
CHAPTER VII.—Sections 76—123. [Sale of Goods:] Rep. by the Indian Sale of Goods Act, 1930
(3 of 1930) s. 65.
CHAPTER VIII
OF INDEMNITY AND GUARANTEE
124. “Contract of indemnity” defined.—A contract by which one party promises to save the other
from loss caused to him by the contract of the promisor himself, or by the conduct of any other person, is
called a “contract of indemnity”.
Illustration
A contracts to indemnify B against the consequences of any proceedings which C may take against B in respect of a certain
sum of 200 rupees. This is a contract of indemnity.
125. Rights of indemnity-holder when sued.—The promisee in a contract of indemnity, acting
within the scope of his authority, is entitled to recover from the promisor—
(1) all damages which he may be compelled to pay in any suit in respect of any matter to which
the promise to indemnify applies;
(2) all costs which he may be compelled to pay in any such suit if, in bringing or defending it, he
did not contravene the orders of the promisor, and acted as it would have been prudent for him to act
in the absence of any contract of indemnity, or if the promisor authorized him to bring or defend the
suit;
(3) all sums which he may have paid under the terms of any compromise of any such suit, if the
compromise was not contrary to the orders of the promisor, and was one which it would have been
prudent for the promisee to make in the absence of any contract of indemnity, or if the promisor
authorized him to compromise the suit.
126. “Contract of guarantee”, “surety”, “principal debtor” and “creditor”.—A “contract of
guarantee” is a contract to perform the promise, or discharge the liability, of a third person in case of his
default. The person who gives the guarantee is called the “surety”; the person in respect of whose default
the guarantee is given is called the “principal debtor”, and the person to whom the guarantee is given is
called the “creditor”. A guarantee may be either oral or written.
127. Consideration for guarantee.—Anything done, or any promise made, for the benefit of the
principal debtor, may be a sufficient consideration to the surety for giving the guarantee.
32
Illustrations
(a) B requests A to sell and deliver to him goods on credit. A agrees to do so, provided C will guarantee the payment of the
price of the goods. C promises to guarantee the payment in consideration of A‟s promise to deliver the goods. This is a sufficient
consideration for C‟s promise.
(b) A sells and delivers goods to B. C afterwards requests A to forbear to sue B for the debt for a year, and promises that, if
he does so, C will pay for them in default of payment by B. A agrees to forbear as requested. This is a sufficient consideration for
C‟s promise.
(c) A sells and delivers goods to B. C afterwards, without consideration, agrees to pay for them in default of B. The
agreement is void.
128. Surety’s liability.—The liability of the surety is co- extensive with that of the principal debtor,
unless it is otherwise provided by the contract.
Illustration
A guarantees to B the payment of a bill of exchange by C, the acceptor. The bill is dishonoured by C. A is liable, not only
for the amount of the bill, but also for any interest and charges which may have become due on it.
129. “Continuing guarantee”.—A guarantee which extends to a series of transactions, is called a
“continuing guarantee”.
Illustrations
(a) A, in consideration that B will employ C in collecting the rent of B‟s zamindari, promises B to be responsible, to the
amount of 5,000 rupees, for the due collection and payment by C of those rents. This is a continuing guarantee.
(b) A guarantees payment to B, a tea-dealer, to the amount of £ 100, for any tea he may from time to time supply to C. B
supplies C with tea to above the value of £ 100, and C pays B for it. Afterwards, B supplies C with tea to the value of £ 200. C
fails to pay. The guarantee given by A was a continuing guarantee, and he is accordingly liable to B to the extent of £ 100.
(c) A guarantees payment to B of the price of five sacks of flour to be delivered by B to C and to be paid for in a month. B
delivers five sacks to C. C pays for them. Afterwards B delivers four sacks to C, which C does riot pay for. The guarantee given
by A was not a continuing guarantee, and accordingly he is not liable for the price of the four sacks.
130. Revocation of continuing guarantee.—A continuing guarantee may at any time be revoked by
the surety, as to future transactions, by notice to the creditor.
Illustrations
(a) A, in consideration of B‟s discounting, at A‟s request, bills of exchange for C, guarantees to B, for twelve months, the
due payment of all such bills to the extent of 5,000 rupees. B discounts bills for C to the extent of 2,000 rupees. Afterwards, at the
end of three months, A revokes the guarantee. This revocation discharges A from all liability to B for any subsequent discount.
But A is liable to B for the 2,000 rupees, on default of C.
(b) A guarantees to B, to the extent of 10,000 rupees, that C shall pay all the bills that B shall draw upon him. B draws upon
C. C accepts the bill. A gives notice of revocation. C dishonours the bill at maturity. A is liable upon his guarantee.
131. Revocation of continuing guarantee by surety’s death.—The death of the surety operates, in
the absence of any contract to the contrary, as a revocation of a continuing guarantee, so far as regards
future transactions.
132. Liability of two persons, primarily liable, not affected by arrangement between them that
one shall be surety on other’s default.—Where two persons contract with a third person to undertake a
certain liability, and also contract with each other that one of them shall be liable only on the default of
the other, the third person not being a party to such contract, the liability of each of such two persons to
the third person under the first contract is not affected by the existence of the second contract, although
such third person may have been aware of its existence.
33
Illustration
A and B make a joint and several promissory note to C. A makes it, in fact, as surety for B, and C knows this at the time
when the note is made. The fact that A, to the knowledge of C, made the note as surety for B, is no answer to a suit by C against
A upon the note.
133. Discharge of surety by variance in terms of contract.—Any variance, made without the
surety‟s consent, in the terms of the contract between the principal 1
[debtor] and the creditor, discharges
the surety as to transactions subsequent to the variance.
Illustrations
(a) A becomes surety to C for B‟s conduct as a manager in C‟s bank. Afterwards, B and C contract, without A‟s consent,
that B‟s salary shall be raised, and that he shall become liable for one-fourth of the losses on overdrafts. B allows a customer to
overdraw, and the bank loses a sum of money. A is discharged from his suretyship by the variance made without his consent, and
is not liable to make good this loss.
(b) A guarantees C against the misconduct of B in an office to which B is appointed by C, and of which the duties are
defined by an Act of the Legislature. By a subsequent Act, the nature of the office is materially altered. Afterwards, B
misconducts himself. A is discharged by the change from future liability under his guarantee, though the misconduct of B is in
respect of a duty not affected by the later Act.
(c) C agrees to appoint B as his clerk to sell goods at a yearly salary, upon A‟s becoming surety to C for B‟s duly accounting
for moneys received by him as such clerk. Afterwards, without A‟s knowledge or consent, C and B agree that B should be paid
by a commission on the goods sold by him and not by a fixed salary. A is not liable for subsequent misconduct of B.
(d) A gives to C a continuing guarantee to the extent of 3,000 rupees for any oil supplied by C to B on credit. Afterwards B
becomes embarrassed, and, without the knowledge of A, B and C contract that C shall continue to supply B with oil for ready
money, and that the payments shall be applied to the then, existing debts between B and C. A is not liable on his guarantee for
any goods supplied after: this new arrangement.
(e) C contracts to lend B 5,000 rupees on the 1st March. A guarantees repayment. C pays the 5,000 rupees to B on the 1st
January. A is discharged from his liability, as the contract has been varied, inasmuch as C might sue B for the money before the
1st of March.
134. Discharge of surety by release or discharge of principal debtor.—The surety is discharged
by any contract between the creditor and the principal debtor, by which the principal debtor is released, or
by any act or omission of the creditor, the legal consequence of which is the discharge of the principal
debtor.
Illustrations
(a) A gives a guarantee to C for goods to be supplied by C to B. C supplies goods to B, and afterwards B becomes
embarrassed and contracts with his creditors (including C) to assign to them his property in consideration of their releasing him
from their demands. Here B is released from his debt by the contract with C, and A is discharged from his suretyship.
(b) A contracts with B to grow a crop of indigo on A‟s land and to deliver it to B at a fixed rate, and C guarantees A‟s
performance of this contract. B diverts a stream of water which is necessary for the irrigation of A‟s land and thereby prevents
him from raising the indigo. C is no longer liable on his guarantee.
(c) A contracts with B for a fixed price to build a house for B within a stipulated time, B supplying the necessary timber. C
guarantees A‟s performance of the contract. B omits to supply the timber. C is discharged from his suretyship.
135. Discharge of surety when creditor compounds with, gives time to, or agrees not to sue,
principal debtor.—A contract between the creditor and the principal debtor, by which the creditor makes
a composition with, or promises to give time to, or not to sue, the principal debtor, discharges the surety,
unless the surety assents to such contract.
136. Surety not discharged when agreement made with third person to give time to principal
debtor.—Where a contract to give time to the principal debtor is made by the creditor with a third
person, and not with the principal debtor, the surety is not discharged.

1. Ins. by Act 24 of 1917, s. 2 and Sch. I.
34
Illustration
C, the holder of an overdue bill of exchange drawn by A as surety for B, and accepted by B, contracts with M to give time to
B. A is not discharged.
137. Creditor’s forbearance to sue does not discharge surety.—Mere forbearance on the part of
the creditor to sue the principal debtor or to enforce any other remedy against him does not, in the absence
of any provision in the guarantee to the contrary, discharge the surety.
Illustration
B owes to C a debt guaranteed by A. The debt becomes payable. C does not sue B for a year after the debt has become
payable. A is not discharged from his suretyship.
138. Release of one co-surety does not discharge others.—Where there are co-sureties, a release by
the creditor of one of them does not discharge the others; neither does it free the surety so released from
his responsibility to the other sureties1
.
139. Discharge of surety by creditor’s act or omission impairing surety’s eventual remedy.—If
the creditor does any act which is inconsistent with the rights of the surety, or omits to do any act which
his duty to the surety requires him to do, and the eventual remedy of the surety himself against the
principal debtor is thereby impaired, the surety is discharged.
Illustrations
(a) B contracts to build a ship for C for a given sum, to be paid by instalments as the work reaches certain stages. A becomes
surety to C for B‟s due performance of the contract. C, without the knowledge of A, prepays to B the last two instalments. A is
discharged by this prepayment.
(b) C lends money to B on the security of a joint and several promissory note made in C‟s favour by B, and by A as surety
for B, together with a bill of sale of B‟s furniture, which gives power to C to sell the furniture, and apply the proceeds in
discharge of the note. Subsequently, C sells the furniture, but, owing to his misconduct and wilful negligence, only a small price
is realized. A is discharged from liability on the note.
(c) A puts M as apprentice to B, and gives a guarantee to B for M‟s fidelity. B promises on his part that he will, at least once
a month, see M make up the cash. B omits to see this done as promised, and M embezzles. A is not liable to B on his guarantee.
140. Rights of surety on payment or performance.—Where a guaranteed debt has become due, or
default of the principal debtor to perform a guaranteed duty has taken place, the surety upon payment or
performance of all that he is liable for, is invested with all the rights which the creditor had against the
principal debtor.
141. Surety’s right to benefit of creditor’s securities.—A surety is entitled to the benefit of every
security which the creditor has against the principal debtor at the time when the contract of suretyship is
entered into, whether the surety knows of the existence of such security or not; and if the creditor loses,
or, without the consent of the surety, parts with such security, the surety is discharged to the extent of the
value of the security.
Illustrations
(a) C, advances to B, his tenant, 2,000 rupees on the guarantee of A. C has also a further security for the 2,000 rupees by a
mortgage of B‟s furniture. C cancels the mortgage. B becomes insolvent and C sues A on his guarantee. A is discharged from
liability to the amount of the value of the furniture.
(b) C, a creditor, whose advance to B is secured by a decree, receives also a guarantee for that advance from A. C afterwards
takes B‟s goods in execution under the decree, and then, without the knowledge of A, withdraws the execution. A is discharged.
(c) A, as surety for B, makes a bond jointly with B to C, to secure a loan from C to B. Afterwards, C obtains from B a
further security for the same debt. Subsequently, C gives up the further security. A is not discharged.

1. See s. 44, supra.
35
142. Guarantee obtained by misrepresentation invalid.—Any guarantee which has been obtained
by means of misrepresentation made by the creditor, or with his knowledge and assent, concerning a
material part of the transaction, is invalid.
143. Guarantee obtained by concealment invalid.—Any guarantee which the creditor has obtained
by means of keeping silence as to material circumstances, is invalid.
Illustrations
(a) A engages B as clerk to collect money for him. B fails to account for some of his receipts, and A in consequence calls
upon him to furnish security for his duly accounting. C gives his guarantee for B‟s duly accounting. A does not acquaint C with
B‟s previous conduct. B afterwards makes default. The guarantee is invalid.
(b) A guarantees to C payment for iron to be supplied by him to B to the amount of 2,000 tons. B and C have privately
agreed that B should pay five rupees per ton beyond the market price, such excess to be applied in liquidation of an old debt. This
agreement is concealed from A. A is not liable as a surety.
144. Guarantee on contract that creditor shall not act on it until co-surety joins.—Where a
person gives a guarantee upon a contract that the creditor shall not act upon it until another person has
joined in it as co-surety, the guarantee is not valid if that other person does not join.
145. Implied promise to indemnify surety.—In every contract of guarantee there is an implied
promise by the principal debtor to indemnify the surety, and the surety is entitled to recover from the
principal debtor whatever sum he has rightfully paid under the guarantee, but, no sums which he has paid
wrongfully.
Illustrations
(a) B is indebted to C, and A is surety for the debt. C demands payment from A, and on his refusal sues him for the amount.
A defends the suit, having reasonable grounds for doing so, but is compelled to pay the amount of the debt with costs. He can
recover from B the amount paid by him for costs, as well as the principal debt.
(b) C lends B a sum of money, and A, at the request of B, accepts a bill of exchange drawn by B upon A to secure the
amount. C, the holder of the bill, demands payment of it from A, and, on A‟s refusal to pay, sues him upon the bill. A, not having
reasonable grounds for so doing, defends the suit, and has to pay the amount of the bill and costs. He can recover from B the
amount of the bill, but not the sum paid for costs, as there was no real ground for defending the action.
(c) A guarantees to C, to the extent of 2,000 rupees, payment for rice to be supplied by C to B. C supplies to B rice to a less
amount than 2,000 rupees, but obtains from A payment of the sum of 2,000 rupees in respect of the rice supplied. A cannot
recover from B more than the price of the rice actually supplied.
146. Co-sureties liable to contribute equally.—Where two or more persons are co-sureties for the
same debt or duty, either jointly or severally, and whether under the same or different contracts, and
whether with or without the knowledge of each other, the co-sureties, in the absence of any contract to the
contrary, are liable, as between themselves, to pay each an equal share of the whole debt, or of that part of
it which remains unpaid by the principal debtor1
.
Illustrations
(a) A, B and C are sureties to D for the sum of 3,000 rupees lent to E. E makes default in payment. A, B and C are liable, as
between themselves, to pay 1,000 rupees each.
(b) A, B and C are sureties to D for the sum of 1,000 rupees lent to E, and there is a contract between A, B and C that A is to
be responsible to the extent of one-quarter, B to the extent of one- quarter, and C to the extent of one-half. E makes default in
payment. As between the sureties, A is liable to pay 250 rupees, B 250 rupees, and C 500 rupees.
147. Liability of co-sureties bound in different sums.—Co-sureties who are bound in different sums
are liable to pay equally as far as the limits of their respective obligations permit.

1. See s. 43, supra.
36
Illustrations
(a) A, B and C, as sureties for D, enter into three several bonds, each in a different penalty, namely, A in the penalty of each
10,000 rupees, B in that of 20,000 rupees, C in that of 40,000 rupees, conditioned for D‟s duly accounting to E. D makes default
to the extent of 30,000 rupees. A, B and C are each liable to pay 10,000 rupees.
(b) A, B and C, as sureties for D, enter into three several bonds, each in a different penalty, namely, A in the penalty of
10,000 rupees, B in that of 20,000 rupees, C in that of 40,000 rupees, conditioned for D‟s duly accounting to E. D makes default
to the extent of 40,000 rupees. A is liable to pay 10,000 rupees, and B and C 15,000 rupees each.
(c) A, B and C, as sureties for D, enter into three several bonds, each in a different penalty, namely, A in the penalty of
10,000 rupees, B in that of 20,000 rupees, C in that of 40,000 rupees, conditioned for D‟s duly accounting to E. D makes default
to the extent of 70,000 rupees. A, B and C have to pay each the full penalty of his bond.
CHAPTER IX
OF BAILMENT
148. “Bailment” “bailor” and “bailee” defined.—A “bailment” is the delivery of goods by one
person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be
returned or otherwise disposed of according to the directions of the person delivering them. The person
delivering the goods is called the “bailor”. The person to whom they are delivered is called, the “bailee”.
Explanation.—If a person already in possession of the goods of another contracts to hold them as a
bailee, he thereby becomes the bailee, and the owner becomes the bailor of such goods, although they
may not have been delivered by way of bailment.
149. Delivery to bailee how made.—The delivery to the bailee may be made by doing anything
which has the effect of putting the goods in the possession of the intended bailee or of any person
authorized to hold them on his behalf.
150. Bailor’s duty to disclose faults in goods bailed.—The bailor is bound to disclose to the bailee
faults in the goods bailed, of which the bailor is aware, and which materially interfere with the use of
them, or expose the bailee to extraordinary risks; and if he does not make such disclosure, he is
responsible for damage arising to the bailee directly from such faults.
If the goods are bailed for hire, the bailor is responsible for such damage, whether he was or was not
aware of the existence of such faults in the goods bailed.
Illustrations
(a) A lends a horse, which he knows to be vicious, to B. He does not disclose the fact that the horse is vicious. The horse
runs away. B is thrown and injured. A is responsible to B for damage sustained.
(b) A hires a carriage of B. The carriage is unsafe, though B is not aware of it, and A is injured. B is responsible to A for the
injury.
1
151. Care to be taken by bailee.—In all cases of bailment the bailee is bound to take as much care
of the goods bailed to him as a man of ordinary prudence would, under similar circumstances, take of his
own goods of the same bulk, quality and value as the goods bailed2
.
152. Bailee when not liable for loss, etc., of thing bailed.—The bailee, in the absence of any special
contract, is not responsible for the loss, destruction or deterioration of the thing bailed, if he has taken the
amount of care of it described in section 151.

1. The responsibility of the Trustees of the Port of Madras constituted under the Madras Port Trust Act, 1905 (Madras Act
2 of 1905), in regard to goods has been declared to be that of a bailee under these sections, without the qualifying words “in the
absence of any special contract” in s. 152, see s. 40(1) of that Act.
2. As to railway contracts see the Indian Railways Act, 1890 (9 of 1890), s. 72. As to the liability of common carriers, see the
Carriers Act, 1865 (3 of 1865), s. 8.
37
153. Termination of bailment by bailee’s act inconsistent with conditions.—A contract of
bailment is avoidable at the option of the bailor, if the bailee does any act with regard to the goods bailed,
inconsistent with the conditions of the bailment.
Illustration
A lets to B, for hire, a horse for his own riding. B drives the horse in his carriage. This is, at the „option of A, a termination
of the bailment.
154. Liability of bailee making unauthorized use of goods bailed.—If the bailee makes any use of
the goods bailed which is not according to the conditions of the bailment, he is liable to make
compensation to the bailor for any damage arising to the goods from or during such use of them.
Illustrations
(a) A lends a horse to B for his own riding only. B allows C, a member of his family, to ride the horse. C rides with care, but
the horse accidentally falls and is injured. B is liable to make compensation to A for the injury done to the horse.
(b) A hires a horse in Calcutta from B expressly to march to Benares. A rides with clue care, but marches to Cuttack instead.
The horse accidentally falls and is injured. A is liable to make compensation to B for the injury to the horse.
155. Effect of mixture, with bailor’s consent, of his goods with bailee’s.—If the bailee, with the
consent of the bailor, mixes the goods of the bailor with his own goods, the bailor and the bailee shall
have an interest, in proportion to their respective shares, in the mixture thus produced.
156. Effect of mixture, without bailor’s consent, when the goods can be separated.—If the bailee,
without the consent of the bailor, mixes the goods of the bailor with his own goods, and the goods can be
separated or divided, the property in the goods remains in the parties respectively; but the bailee is bound
to bear the expense of separation or division, and any damage arising from the mixture.
Illustration
A bails 100 bales of cotton marked with a particular mark to B. B, without A‟s consent, mixes the 100 bales with other bales
of his own, bearing a different mark: A is entitled to have his 100 bales returned, and B is bound to bear all the expense incurred
in the separation of the bales, and any other incidental damage.
157. Effect of mixture, without bailor’s consent, when the goods cannot be separated.—If the
bailee, without the consent of the bailor, mixes the goods of the bailor with his own goods, in such a
manner that it is impossible to separate the goods bailed from the other goods, and deliver them back, the
bailor is entitled to be compensated by the bailee for the loss of the goods.
Illustration
A bails a barrel of Cape flour worth Rs. 45 to B. B, without A‟s consent, mixes the flour with country flour of his own,
worth only Rs. 25 a barrel. B must compensate A for the loss of his flour.
158. Repayment, by bailor, of necessary expenses.—Where, by the conditions of the bailment, the
goods are to be kept or to be carried, or to have work done upon them by the bailee for the bailor, and the
bailee is to receive no remuneration, the bailor shall repay to the bailee the necessary expenses incurred
by him for the purpose of the bailment.
159. Restoration of goods lent gratuitously.—The lender of a thing for use may at any time require
its return, if the loan was gratuitous, even though he lent it for a specified time or purpose. But if, on the
faith of such loan made for a specified time or purpose, the borrower has acted in such a manner that the
return of the thing lent before the time agreed upon would cause him loss exceeding the benefit actually
derived by him from the loan, the lender must, if he compels the return, indemnify the borrower for the
amount in which the loss so occasioned exceeds the benefit so derived.
160. Return of goods bailed, on expiration of time or accomplishment of purpose.—It is the duty
of the bailee to return, or deliver according to the bailor‟s directions, the goods bailed, without demand, as
38
soon as the time for which they were bailed has expired, or the purpose for which they were bailed has
been accomplished.
1
161. Bailee’s responsibility when goods are not duly returned.—If, by the default of the bailee,
the goods are not returned, delivered or tendered at the proper time, he is responsible to the bailor for any
loss, destruction or deterioration of the goods from that time.2
162. Termination of gratuitous bailment by death.—A gratuitous bailment is terminated by the
death either of the bailor or of the bailee.
163. Bailor entitled to increase or profit from goods bailed.—In the absence of any contract to the
contrary, the bailee is bound to deliver to the bailor, or according to his directions, any increase or profit
which may have accrued from the goods bailed.
Illustration
A leaves a cow in the custody of B to be taken care of. The cow has a calf. B is bound to deliver the calf as well as the cow
to A.
164. Bailor’s responsibility to bailee.—The bailor is responsible to the bailee for any loss which the
bailee may sustain by reason that the bailor was not entitled to make the bailment, or to receive back the
goods, or to give directions respecting them.
165. Bailment by several joint owners.—If several joint owners of goods bail them, the bailee may
deliver them back to, or according to the directions of, one joint owner without the consent of all in the
absence of any agreement to the contrary.
166. Bailee not responsible on re-delivery to bailor without title.—If the bailor has no title to the
goods, and the bailee, in good faith, delivers them back to, or according to the directions of, the bailor, the
bailee is not responsible to the owner in respect of such delivery3
.
167. Right of third person claiming goods bailed.—If a person, other than the bailor, claims goods
bailed he may apply to the Court to stop the delivery of the goods to the bailor, and to decide the title to
the goods.
168. Right of finder of goods, may sue for specific reward offered.—The finder of goods has no
right to sue the owner for compensation for trouble and expense voluntarily incurred by him to preserve
the goods and to find out the owner; but he may retain the goods against the owner until he receives such
compensation; and, where the owner has offered a specific reward for the return of goods lost, the finder
may sue for such reward, and may retain the goods until he receives it.
169. When finder of thing commonly on sale may sell it.—When a thing which is commonly the
subject of sale is lost, if the owner cannot with reasonable diligence be found, or if he refuses, upon
demand, to pay the lawful charges of the finder, the finder may sell it—
(1) when the thing is in danger of perishing or of losing the greater part of its value, or,
(2) when the lawful charges of the finder, in respect of the thing found, amount to two-thirds of
its value.
170. Bailee’s particular lien.—Where the bailee has, in accordance with the purpose of the
bailment, rendered any service involving the exercise of labour or skill in respect of the goods bailed, he

1. S. 161 has been, declared to apply to the responsibility of the Trustees of the Port of Madras as to goods in their possession see
the Madras Port Trust Act, 1905 (Madras Act 2 of 1905).
2. As to Railway contracts, see the Indian Railways Act, 1890 (9 of 1890), s. 72.
3. See the Indian Evidence Act, 1872 (1 of 1872), s. 117.
39
has, in the absence of a contract to the contrary, a right to retain such goods until he receives due
remuneration for the services he has rendered in respect of them.
Illustrations
(a) A delivers a rough diamond to B, a jeweller, to be cut and polished, which is accordingly done. B is entitled to retain the
stone till he is paid for the services he has rendered.
(b) A gives, cloth to B, a tailor, to make into a coat. B promises A to deliver the coat as soon as it is finished, and to give a
three months‟ credit for the price. B is not entitled to retain the coat until he is paid.
171. General lien of bankers, factors, wharfingers, attorneys and policy-brokers.—Bankers,
factors, wharfingers, attorneys of a High Court and policy-brokers may, in the absence of a contract to the
contrary, retain as a security for a general balance of account, any goods bailed to them; but no other
persons have a right to retain, as a security for such balance, goods bailed to them, unless there is an
express contract to that effect1
.
Bailments of Pledges
172. “Pledge” “pawnor”, and “pawnee” defined.—The bailment of goods as security for payment
of a debt or performance of a promise is called “pledge”. The bailor is in this case called the “pawnor”.
The bailee is called the “pawnee”.
173. Pawnee’s right of retainer.—The pawnee may retain the goods pledged, not only for payment
of the debt or the performance of the promise, but for the interest of the debt, and all necessary expenses
incurred by him in respect of the possession or for the preservation of the goods pledged.
174. Pawnee not to retain for debt or promise other than that for which goods pledged.
Presumption in case of subsequent advances.—The pawnee shall not, in the absence of a contract to
that effect, retain the goods pledged for any debt or promise other than the debt or promise for which they
are pledged; but such contract, in the absence of anything to the contrary, shall be presumed in regard to
subsequent advances made by the pawnee.
175. Pawnee’s right as to extraordinary expenses incurred.—The pawnee is entitled to receive
from the pawnor extraordinary expenses incurred by him for the preservation of the goods pledged.
176. Pawnee’s right where pawnor makes default.—If the pawnor makes default in payment of the
debt, or performance, at the stipulated time of the promise, in respect of which the goods were pledged,
the pawnee may bring a suit against the pawnor upon the debt or promise, and retain the goods pledge as
a collateral security; or he may sell the thing pledged, on giving the pawnor reasonable notice of the sale.
If the proceeds of such sale are less than the amount due in respect of the debt or promise, the pawnor
is still liable to pay the balance. If the proceeds of the sale are greater than the amount so due, the pawnee
shall pay over the surplus to the pawnor.
177. Defaulting pawner’s right to redeem.—If a time is stipulated for the payment of the debt, of
performance of the promise, for which the pledge is made, and the pawnor makes default in payment of
the debt or performance of the promise at the stipulated time, he may redeem the goods pledged at any
subsequent time before the actual sale of them2
; but he must, in that case, pay, in addition, any expenses
which have arisen from his default.
3
[178. Pledge by mercantile agent.—Where a mercantile agent is, with the consent of the owner, in
possession of goods or the document of title to goods, any pledge made by him, when acting in the

1. As to lien of an agent, see s. 221, infra. As to lien of a Railway Administration, see the Indian Railways Act, 1890 (9 of 1890),
s. 55.
2. For limitation, see the Limitation Act, 1963 (36 of 1963), Sch. 1.
3. Ss. 178 and 178A subs. by Act 4 of 1930, s. 2, for the original s. 178.
40
ordinary course of business of a mercantile agent, shall be as valid as if he were expressly authorised by
the owner of the goods to make the same; provided that the pawnee acts in good faith and has not at the
time of the pledge notice that the pawnor has not authority to pledge.
Explanation.—In this section, the expressions “mercantile agent” and “documents of title” shall have
the meanings assigned to them in the Indian Sale of Goods Act, 1930 (3 of 1930).
178A. Pledge by person in possession under voidable contract.—When the pawnor has obtained
possession of the goods pledged by him under a contract voidable under section 19 or section 19A, but
the contract has not been rescinded at the time of the pledge, the pawnee acquires a good title to the
goods, provided he acts in good faith and without notice of the pawnor‟s defect of title.]
179. Pledge where pawnor has only a limited interest.—Where a person pledges goods in which
he has only a limited interest, the pledge is valid to the extent of that interest.
Suits by bailees or bailors against wrong-doers
180. Suit by bailor or bailee against wrong-doer.—If a third person wrongfully deprives the bailee
of the use or possession of the goods bailed, or does them any injury, the bailee is entitled to use such
remedies as the owner might have used in the like case if no bailment had been made; and either the
bailor or the bailee may bring a suit against a third person for such deprivation or injury.
181. Apportionment of relief or compensation obtained by such suits.—Whatever is obtained by
way of relief or compensation in any such suit shall, as between the bailor and the bailee, be dealt with
according to their respective interests.
CHAPTER X
AGENCY
Appointment and authority of agents
182. “Agent” and “principal” defined.—An “agent” is a person employed to do any act for another,
or to represent another in dealings with third persons. The person for whom such act is done, or who is so
represented, is called the “principal”.
183. Who may employ agent.—Any person who is of the age of majority according to the law to
which he is subject, and who is of sound mind, may employ an agent.
184. Who may be an agent.—As between the principal and third persons, any person may become
an agent, but no person who is not of the age of majority and of sound mind can become an agent, so as to
be responsible to his principal according to the provisions in that behalf herein contained.
185. Consideration not necessary.—No consideration is necessary to create an agency.
186. Agent’s authority may be expressed or implied.—The authority of an agent may be expressed
or implied1
.
187. Definitions of express and implied authority.—An authority is said to be express when it is
given by words spoken or written. An authority is said to be implied when it is to be inferred from the
circumstances of the case; and things spoken or written, or the ordinary course of dealing, may be
accounted circumstances of the case.

1. See, however, the Registration Act, 1908 (16 of 1908), s. 33; see also the Code of Civil Procedure, 1908 (5 of 1908), Sch. I,
Order III, rule 4.
41
Illustration
A owns a shop in Serampore, living himself in Calcutta, and visiting the shop occasionally. The shop is managed by B, and
he is in the habit of ordering goods from C in the name of A for the purposes of the shop, and of paying for them out of A‟s funds
with A‟s knowledge. B has an implied authority from A to order goods from C in the name of A for the purposes of the shop.
188. Extent of agent’s authority.—An agent, having an authority to do an act, has authority to do
every lawful thing which is necessary in order to do such act.
An agent having an authority to carry on a business, has authority to do every lawful thing necessary
for the purpose, or usually done in the course, of conducting such business.
Illustrations
(a) A is employed by B, residing in London, to recover at Bombay a debt due to B. A may adopt any legal process necessary
for the purpose of recovering the debt, and may give a valid discharge for the same.
(b) A constitutes B his agent to carry on his business of a shipbuilder. B may purchase timber and other materials, and hire
workmen, for the purpose of carrying on the business.
189. Agent’s authority in an emergency.—An agent has authority, in an emergency, to do all such
acts for the purpose of protecting his principal from loss as would be done by a person of ordinary
prudence, in his own case, under similar circumstances.
Illustrations
(a) An agent for sale may have goods repaired if it be necessary.
(b) A consigns provisions to B at Calcutta, with directions to send them immediately to C, at Cuttack. B may sell the
provisions at Calcutta, if they will not bear the journey to Cuttack without spoiling.
Sub-agents
190. When agent cannot delegate.—An agent cannot lawfully employ another to perform acts
which he has expressly or impliedly undertaken to perform personally, unless by the ordinary custom of
trade a sub-agent may, or, from the nature of the agency, a sub-agent must, be employed.
191. “Sub-agent” defined.—A “sub-agent” is a person employed by, and acting under the control of,
the original agent in the business of the agency.
192. Representation of principal by sub-agent properly appointed.—Where a sub-agent is
properly appointed, the principal is, so far as regards third persons, represented by the sub-agent, and is
bound by and responsible for his acts, as if he were an agent originally appointed by the principal.
Agent’s responsibility for sub-agent.—The agent is responsible to the principal for the acts of the
sub-agent.
Sub-agent’s responsibility.—The sub-agent is responsible for his acts to the agent, but not to the
principal, except in cases of fraud or wilful wrong.
193. Agent’s responsibility for sub-agent appointed without authority.—Where an agent, without
having authority to do so, has appointed a person to act as a sub-agent, the agent stands towards such
person in the relation of a principal to an agent, and is responsible for his acts both to the principal and to
third persons; the principal is not represented, by or responsible for the acts of the person so employed,
nor is that person responsible to the principal.
194. Relation between principal and person duly appointed by agent to act in business of
agency.—Where an agent, holding an express or implied authority to name another person to act for the
principal in the business of the agency, has named another person accordingly, such person is not a
sub-agent, but an agent of the principal for such part of the business of the agency as is entrusted to him.
42
Illustrations
(a) A directs B, his solicitor, to sell his estate by auction, and to employ an auctioneer for the purpose. B names C, an
auctioneer, to conduct the sale. C is not a sub-agent, but is A‟s agent for the conduct of the sale.
(b) A authorizes B, a merchant in Calcutta, to recover the moneys due to A from C & Co. B instructs D, a solicitor, to take
legal proceedings against C & Co. for the recovery of the money. D is not a sub-agent, but is solicitor for A.
195. Agent’s duty in naming such person.—In selecting such agent for his principal, an agent is
bound to exercise the same amount of discretion as a man of ordinary prudence would exercise in his own
case; and, if he does this, he is not responsible to the principal for the acts or negligence of the agent so
selected.
Illustrations
(a) A instructs B, a merchant, to buy a ship for him. B employs a ship-surveyor of good reputation to choose a ship for A.
The surveyor makes the choice negligently and the ship turns out to be unseaworthy and is lost. B is not, but the surveyor is,
responsible to A.
(b) A consigns goods to B, a merchant, for sale. B, in due course, employs an auctioneer in good credit to sell the goods of
A, and allows the auctioneer to receive the proceeds of the sale. The auctioneer afterwards becomes insolvent without having
accounted for the proceeds. B is not responsible to A for the proceeds.
Ratification
196. Right of person as to acts done for him without his authority. Effect of ratification.—
Where acts are done by one person on behalf of another, but without his knowledge or authority, he may
elect to ratify or to disown such acts. If he ratify them, the same effects will follow as if they had been
performed by his authority.
197. Ratification may be expressed or implied.—Ratification may be expressed or may be implied
in the conduct of the person on whose behalf the acts are done.
Illustrations
(a) A, without authority, buys goods for B. Afterwards B sells them to C on his own account; B‟s conduct implies a
ratification of the purchase made for him by A.
(b) A, without B‟s authority, lends B‟s money to C. Afterwards B accepts interest on the money from C. B‟s conduct implies
a ratification of the loan.
198. Knowledge requisite for valid ratification.—No valid ratification can be made by a person
whose knowledge of the facts of the case is materially defective.
199. Effect of ratifying unauthorized act forming part of a transaction.—A person ratifying any
unauthorized act done on his behalf ratifies the whole of the transaction of which such act formed a part.
200. Ratification of unauthorized act cannot injure third person.—An act done by one person on
behalf of another, without such other person‟s authority, which, if done with authority, would have the
effect of subjecting a third person to damages, or of terminating any right or interest of a third person,
cannot, by ratification, be made to have such effect.
Illustrations
(a) A, not being authorized thereto by B, demands, on behalf of B, the delivery of a chattel, the property of B, from C, who
is in possession of it. This demand cannot be ratified by B, so as to make C liable for damages for his refusal to deliver.
(b) A holds a lease from B, terminable on three months‟ notice. C, an unauthorized person, gives notice of termination to A.
The notice cannot be ratified by B, so as to be binding on A.
Revocation of Authority
201. Termination of agency.—An agency is terminated by the principal revoking his authority; or
by the agent renouncing the business of the agency; or by the business of the agency being completed; or
43
by either the principal or agent dying or becoming of unsound mind; or by the principal being adjudicated
an insolvent under the provisions of any Act for the time being in force for the relief of insolvent debtors.
202. Termination of agency where agent has an interest in subject-matter.—Where the agent has
himself an interest in the property which forms the subject-matter of the agency, the agency cannot, in the
absence of an express contract, be terminated to the prejudice of such interest.
Illustrations
(a) A gives authority to B to sell A‟s land, and to pay himself, out of the proceeds, the debts due to him from A. A cannot
revoke this authority, nor can it be terminated by his insanity or death.
(b) A consigns 1,000 bales of cotton to B, who has made advances to him on such cotton, and desires B to sell the cotton,
and to repay himself out of the price, the amount of his own advances. A cannot revoke this authority, nor is it terminated by his
insanity or death.
203. When principal may revoke agent’s authority.—The principal may, save as is otherwise
provided by the last preceding section, revoke the authority given to his agent at any time before the
authority has been exercised so as to bind the principal.
204. Revocation where authority has been partly exercised.—The principal cannot revoke the
authority given to his agent after the authority has been partly exercised, so far as regards such acts and
obligations as arise from acts already done in the agency.
Illustrations
(a) A authorizes B to buy 1,000 bales of cotton on account of A, and to pay for it out of A‟s moneys remaining in B‟s hands.
B buys 1,000 bales of cotton in his own name, so as to make himself personally liable for the price. A cannot revoke B‟s
authority so far as regards payment for the cotton.
(b) A authorizes B to buy 1,000 bales of cotton on account of A, and to pay for it out of A‟s moneys remaining in B‟s hands.
B buys 1,000 bales of cotton in A‟s name, and so as not to render himself personally liable for the price. A can revoke B‟s
authority to pay for the cotton.
205. Compensation for revocation by principal, or renunciation by agent.—Where there is an
express or implied contract that the agency should be continued for any period of time, the principal must
make compensation to the agent, or the agent to the principal, as the case may be, for any previous
revocation or renunciation of the agency without sufficient cause.
206. Notice of revocation or renunciation.—Reasonable notice must be given of such revocation or
renunciation, otherwise the damage thereby resulting to the principal or the agent, as the case may be,
must be made good to the one by the other.
207. Revocation and renunciation may be expressed or implied.—Revocation and renunciation
may be expressed or may be implied in the conduct of the principal or agent respectively.
Illustration
A empowers B to let A‟s house. Afterwards A lets it himself. This is an implied revocation of
B‟s authority.
208. When termination of agent’s authority takes effect as to agent, and as to third persons.—
The termination of the authority of an agent does not, so far as regards the agent, take effect before it
becomes known to him, or, so far as regards third persons, before it becomes known to them.
Illustrations
(a) A directs B to sell goods for him, and agrees to give B five per cent. commission on the price fetched by the goods. A
afterwards, by letter, revoke B‟s authority. B, after the letter is sent, but before he receives it, sells the goods for 100 rupees. The
sale is binding on A, and B is entitled to five rupees as his commission.
44
(b) A, at Madras, by letter, directs B to sell for him some cotton lying in a warehouse in Bombay, and afterwards, by letter,
revokes his authority to sell, and directs B to send the cotton to Madras. B, after receiving the second letter, enters into a contract
with C, who knows of the first letter, but not of the second, for the sale to him of the cotton. C pays B the money, with which B
absconds. C‟s payment is good as against A.
(c) A directs B, his agent, to pay certain money to C. A dies, and D takes out probate to his will. B, after A‟s death, but
before hearing of it, pays the money to C. The payment is good as against D, the executor.
209. Agent’s duty on termination of agency by principal’s death or insanity.—When an agency
is terminated by the principal dying or becoming of unsound mind, the agent is bound to take, on behalf
of the representatives of his late principal, all reasonable steps for the protection and preservation of the
interests entrusted to him.
210. Termination of sub-agent’s authority.—The termination of the authority of an agent causes
the termination (subject to the rules herein contained regarding the termination of an agent‟s authority) of
the authority of all sub-agents appointed by him.
Agent’s duty to principal
211. Agent’s duty in conducting principal’s business.—An agent is bound to conduct the business
of his principal according to the directions given by the principal, or, in the absence of any such
directions, according to the custom which prevails in doing business of the same kind at the place where
the agent conducts such business. When the agent acts otherwise, if any loss be sustained, he must make it
good to his principal, and if any profit accrues, he must account for it.
Illustrations
(a) A, an agent engaged in carrying on for B a business, in which it is the custom to invest from time to time, at interest, the
moneys which may be in hand, omits to make such investment. A must make good to B the interest usually obtained by such
investments.
(b) B, a broker, in whose business it is not the custom to sell on credit, sells goods of A on credit to C, whose credit at the
time was very high. C, before payment, becomes insolvent. B must make good the loss to A.
212. Skill and diligence required from agent.—An agent is bound to conduct the business of the
agency with as much skill as is generally possessed by persons engaged in similar business unless the
principal has notice of his want of skill. The agent is always bound to act with reasonable diligence, and
to use such skill as he possesses; and to make compensation to his principal in respect of the direct
consequences of his own neglect, want of skill or misconduct, but not in respect of loss or damage which
are indirectly or remotely caused by such neglect, want of skill, or misconduct.
Illustrations
(a) A, a merchant in Calcutta, has an agent, B, in London, to whom a sum of money is paid on A‟s account, with orders to
remit. B retains the money for a considerable time. A, in consequence of not receiving the money, becomes insolvent. B is liable
for the money and interest from the day on which it ought to have been paid, according to the usual rate, and for any further
direct loss-as, e.g., by variation of rate of exchange-but not further.
(b) A, an agent for the sale of goods, having authority to sell on credit, sells to B on credit, without making the proper and
usual enquiries as to the solvency of B. B, at the time of such sale, is insolvent. A must make compensation to his principal in
respect of any loss thereby sustained.
(c) A, an insurance-broker employed by B to effect an insurance on a ship, omits to see that the usual clauses are inserted in
the policy. The ship is after wards lost. In consequence of the omission of the clauses nothing can be recovered from the
underwriters. A is bound to make good the loss to B.
(d) A, a merchant in England, directs B, his agent at Bombay, who accepts the agency, to send him 100 bales of cotton by a
certain ship. B, having it in his power to send the cotton, omits to do so. The ship arrives safely in England. Soon after her arrival
the price of cotton rises. B is bound to make good to A the profit which he might have made by the 100 bales of cotton at the time
the ship arrived, but not any profit he might have made by the subsequent rise.
213. Agent’s accounts.—An agent is bound to render proper accounts to his principal on demand.
45
214. Agent’s duty to communicate with principal.—It is the duty of an agent, in cases of difficulty,
to use all reasonable diligence in communicating with his principal, and in seeking to obtain his
instructions.
215. Right of principal when agent deals, on his own account, in business of agency without
principal’s consent.—If an agent deals on his own account in the business of the agency, without first
obtaining the consent of his principal and acquainting him with all material circumstances which have
come to his own knowledge on the subject, the principal may repudiate the transaction, if the case shows,
either that any material fact has been dishonestly concealed from him by the agent, or that the dealings of
the agent have been disadvantageous to him.
Illustrations
(a) A directs B to sell A‟s estate. B buys the estate for himself in the name of C. A, on discovering that B has bought the
estate for himself, may repudiate the sale, if he can show that B has dishonestly concealed any material fact, or that the sale has
been disadvantageous to him.
(b) A directs B to sell A‟s estate B, on looking over the estate before selling it, finds a mine on the estate which is unknown
to A. B informs A that he wishes to buy the estate for himself, but conceals the discovery of the mine. A allows B to buy, in
ignorance of the existence of the mine. A, on discovering that B knew of the mine at the time he bought the estate, may either
repudiate or adopt the sale at his option.
216. Principal’s right to benefit gained by agent dealing on his own account in business of
agency.—If an agent, without the knowledge of his principal, deals in the business of the agency on his
own account instead of on account of his principal, the principal is entitled to claim from the agent any
benefit which may have resulted to him from the transaction.
Illustration
A directs B, his agent, to buy a certain house for him. B tells A it cannot be bought, and buys the house for himself. A may,
on discovering that B has bought the house, compel him to sell it to A at the price he gave for it.
217. Agent’s right of retainer out of sums received on principal’s account.—An agent may retain,
out of any sums received on account of the principal in the business of the agency, all moneys due to
himself in respect of advances made or expenses properly incurred by him in conducting such business,
and also such remuneration as may be payable to him for acting as agent.
218. Agent’s duty to pay sums received for principal.—Subject to such deductions, the agent is
bound to pay to his principal all sums received on his account.
219. When agent’s remuneration becomes due.—In the absence of any special contract, payment
for the performance of any act is not due to the agent until the completion of such act; but an agent may
detain moneys received by him on account of goods sold, although the whole of the goods consigned to
him for sale may not have been sold, or although the sale may not be actually complete.
220. Agent not entitled to remuneration for business misconducted.—An agent who is guilty of
misconduct in the business of the agency, is not entitled to any remuneration in respect of that part of the
business which he has misconducted.
Illustrations
(a) A employs B to recover, 1,00,000 rupees from C, and to lay it out on good security. B recovers the 1,00,000 rupees; and
lays out 90,000 rupees on good security, but lays out 10,000 rupees on security which he ought to have known to be bad,
whereby A loses 2,000 rupees. B is entitled to remuneration for recovering the 1,00,000 rupees and for investing the 90,000
rupees. He is not entitled to any remuneration for investing the 10,000 rupees, and he must make good the 2,000 rupees to B.
(b) A employs B to recover 1,000 rupees from C. Through B‟s misconduct the money is not recovered. B is entitled to no
remuneration for his services, and must make good the loss.
221. Agent’s lien on principal’s property.—In the absence of any contract to the contrary, an agent
is entitled to retain goods, papers and other property, whether movable or immovable of the principal
46
received by him, until the amount due to himself for commission, disbursements and services in respect
of the same has been paid or accounted for to him.
Principal’s duty to agent
222. Agent to be indemnified against consequences of lawful acts.—The employer of an agent is
bound to indemnify him against the consequences of all lawful acts done by such agent in exercise of the
authority conferred upon him.
Illustrations
(a) B, at Singapur, under instructions from A of Calcutta, contracts with C to deliver certain goods to him. A does not send
the goods to B, and C sues B for breach of contract. B informs A of the suit, and A authorizes him to defend the suit. B defends
the suit, and is compelled to pay damages and costs, and incurs expenses. A is liable to B for such damages, costs and expenses.
(b) B, a broker at Calcutta, by the orders of A, a merchant there, contracts with C for the purchase of 10 casks of oil for A.
Afterwards A refuses to receive the oil, and C sues B. B informs A, who repudiates the contract altogether. B defends, but
unsuccessfully, and has to pay damages and costs and incurs expenses. A is liable to B for such damages, costs and expenses.
223. Agent to be indemnified against consequences of acts done in good faith.—Where one
person employs another to do an act, and the agent does the act in good faith, the employer is liable to
indemnify the agent against the consequences of that act, though it cause an injury to the rights of third
persons.
Illustrations
(a) A, a decree-holder and entitled to execution of B‟s goods, requires the officer of the Court to seize certain goods,
representing them to be the goods of B. The officer seizes the goods, and is sued by C, the true owner of the goods. A is liable to
indemnify the officer for the sum which he is compelled to pay to C, in consequence of obeying A‟s directions.
(b) B, at the request of A, sells goods in the possession of A, but which A had no right to dispose of, B does not know this,
and hands over the proceeds of the sale to A. Afterwards C, the true owner of the goods, sues B and recovers the value of the
goods and costs. A is liable to indemnify B for what he has been compelled to pay to C, and for B‟s own expenses.
224. Non-liability of employer of agent to do a criminal act.—Where one person employs another
to do an act which is criminal, the employer is not liable to the agent, either upon an express or an implied
promise, to indemnify him against the consequences of that Act1
.
Illustrations
(a) A employs B to beat C, and agrees to indemnify him against all consequences of the act. B thereupon beats C, and has to
pay damages to C for so doing. A is not liable to indemnify B for those damages.
(b) B, the proprietor of a newspaper, publishes, at A‟s request, a libel upon C in the paper, and A agrees to indemnify B
against the consequences of the publication, and all costs and damages of any action in respect thereof. B is sued by C and has to
pay damages, and also incurs expenses. A is not liable to B upon the indemnity.
225. Compensation to agent for injury caused by principal’s neglect.—The principal must make
compensation to his agent in respect of injury2
caused to such agent by the principal‟s neglect or want of
skill.
Illustration
A employs B as a bricklayer in building a house, and puts up the scaffolding himself. The scaffolding is unskilfully put up,
and B is in consequence hurt. A must make compensation to B.
Effect of agency on contracts with third persons
226. Enforcement and consequences of agent’s contracts.—Contracts entered into through an
agent, and obligations arising from acts done by an agent, may be enforced in the same manner, and will

1. See s. 24, supra.
2. Cf. the Fatal Accidents Act, 1855 (13 of 1855).
47
have the same legal consequences, as if the contracts had been entered into and the acts done by the
principal in person.
Illustrations
(a) A buys goods from B, knowing that he is an agent for their sale, but not knowing who is the principal. B‟s principal is
the person entitled to claim from A the price of the goods, and A cannot, in a. suit by the principal, set-off against that claim a
debt due to himself from B.
(b) A, being B‟s agent with authority to receive money on his behalf, receives from C a sum of money due to B. C is
discharged of his obligation to pay the sum in question to B.
227. Principal how far bound, when agent exceeds authority.—When an agent does more than he
is authorized to do, and when the part of what he does, which is within his authority, can be separated
from the part which is beyond his authority, so much only of what he does as is within his authority is
binding as between him and his principal.
Illustration
A, being owner of a ship and cargo, authorizes B to procure an insurance for 4,000 rupees on the ship. B procures a policy
for 4,000 rupees on the ship, and another for the like sum on the cargo. A is bound to pay the premium for the policy on the ship,
but not the premium for the policy on the cargo.
228. Principal not bound when excess of agent’s authority is not separable.—Where an agent
does more than he is authorized to do, and what he does beyond the scope of his authority cannot be
separated from what is within it, the principal is not bound to recognize the transaction.
Illustration
A authorizes B to buy 500 sheep for him. B buys 500 sheep and 200 lambs for one sum of 6,000 rupees. A may repudiate
the whole transaction.
229. Consequences of notice given to agent.—Any notice given to or information obtained by the
agent, provided it be given or obtained in the course of the business transacted by him for the principal,
shall, as between the principal and third parties, have the same legal consequences as if it had been given
to or obtained by the principal.
Illustrations
(a) A is employed by B to buy from C certain goods, of which C is the apparent owner, and buys them accordingly. In the
course of the treaty for the sale, A learns that the goods really belonged to D, but B is ignorant of that fact. B is not entitled to
set-off a debt owing to him from C against the price of the goods.
(b) A is employed by B to buy from C goods of which C is the apparent owner. A was, before he was so employed, a servant
of C, and then learnt that the goods really belonged to D, but B is ignorant of that fact. In spite of the knowledge of his agent, B
may set-off against the price of the goods a debt owing to him from C.
230. Agent cannot personally enforce, nor be bound by, contracts on behalf of principal.—In the
absence of any contract to that effect, an agent cannot personally enforce contracts entered into by him on
behalf of his principal, nor is he personally bound by them.
Presumption of contract to contrary—Such a contract shall be presumed to exist in the following
cases:—
(1) where the contract is made by an agent for the sale or purchase of goods for a merchant
resident abroad;
(2) where the agent does not disclose the name of his principal;
(3) where the principal, though disclosed, cannot be sued.
231. Rights of parties to a contract made by agent not disclosed.—If an agent makes a contract
with a person who neither knows, nor has reason to suspect, that he is an agent, his principal may require
48
the performance of the contract; but the other contracting party has, as against the principal, the same
rights as he would have had as against the agent if the agent had been principal.
If the principal discloses himself before the contract is completed, the other contracting party may
refuse to fulfil the contract, if he can show that, if he had known who was the principal in the contract, or
if he had known that the agent was not a principal, he would not have entered into the contract.
232. Performance of contract with agent supposed to be principal.—Where one man makes a
contract with another, neither knowing nor having reasonable ground to suspect that the other is an agent,
the principal, if he requires the performance of the contract, can only obtain such performance subject to
the rights and obligations subsisting between the agent and the other party to the contract.
Illustration
A, who owes 500 rupees to B, sells 1,000 rupees worth of rice to B. A is acting as agent for C in the transaction, but B has
no knowledge nor reasonable ground of suspicion that such is the case. C cannot compel B to take the rice without allowing him
to set-off A‟s debt.
233. Right of person dealing with agent personally liable.—In cases where the agent is personally
liable, a person dealing with him may hold either him or his principal, or both of them, liable.
Illustration
A enters into a contract with B to sell him 100 bales of cotton, and afterwards discovers that B was acting as agent for C. A
may sue either B or C, or both, for the price of the cotton.
234. Consequence of inducing agent or principal to act on belief that principal or agent will be
held exclusively liable.—When a person who has made a contract with an agent induces the agent to act
upon the belief that the principal only will be held liable, or induces the principal to act upon the belief
that the agent only will be held liable, he cannot afterwards hold liable the agent or principal respectively.
235. Liability of pretended agent.—A person untruly representing himself to be the authorized
agent of another, and thereby inducing a third person to deal with him as such agent, is liable, if his
alleged employer does not ratify his acts, to make compensation to the other in respect of any loss or
damage which he has incurred by so dealing.
236. Person falsely contracting as agent not entitled to performance.—A person with whom a
contract has been entered into in the character of agent, is not entitled to require the performance of it, if
he was in reality acting, not as agent, but on his own account.
237. Liability of principal inducing belief that agent’s unauthorized acts were authorized.—
When an agent has, without authority, done acts or incurred obligations to third persons on behalf of his
principal, the principal is bound by such acts or obligations, if he has by his words or conduct induced
such third persons to believe that such acts and obligations were within the scope of the agent‟s authority.
Illustrations
(a) A consigns goods to B for sale, and gives him instructions not to sell under a fixed price. C, being ignorant of B‟s
instructions, enters into a contract with B to buy the goods at a price lower than the reserved price. A is bound by the contract.
(b) A entrusts B with negotiable instruments endorsed in blank. B sells them to C in violation of private orders from A. The
sale is good.
238. Effect, on agreement, of misrepresentation of fraud, by agent.—Misrepresentation made, or
frauds committed, by agents acting in the course of their business for their principals, have the same
effect on agreements made by such agents as if such misrepresentations or frauds had been made or
committed by the principals; but misrepresentations made, or frauds committed, by agents, in matters
which do not fall within their authority, do not affect their principals.
49
Illustrations
(a) A, being B‟s agent for the sale of goods, induces C to buy them by a misrepresentation, which he was not authorized by
B to make. The contract is voidable, as between B and C, at the option of C.
(b) A, the captain of B‟s ship, signs bills of lading without having received on board the goods mentioned therein. The bills
of lading are void as between B and the pretended cosignor.
CHAPTER XI.—[Of Partnership] Rep. by the Indian Partnership Act, 1932 (9 of 1932), s. 73 and
Sch. II.
SCHEDULE.—[Enactments repealed.] Rep. by the Repealing and Amending Act, 1914 (10 of 1914),
s. 3 and Sch. II.

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THE INDIAN STAMP ACT, 1899

1
THE INDIAN STAMP ACT, 1899
_____________
ARRANGEMENT OF SECTIONS
_____________
CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
STAMP DUTIES
A.—Of the liability of instruments to duty
3. Instruments chargeable with duty.
3A. [Repealed.]
4. Several instruments used in single transaction of sale, mortgage or settlement.
5. Instruments relating to several distinct matters.
6. Instruments coming within several descriptions in Schedule I.
7. Policies of sea-insurance.
8. Bonds, debentures or other securities issued on loans under Act XI of 1879.
8A.Securities dealt in depository not liable to stamp duty.
8B. Corporatisation and demutualisation schemes and related instruments not liable to duty.
8C. Negotiable warehouse receipts not liable to stamp duty.
9. Power to reduce, remit or compound duties.
B.—Of stamps and the mode of using them
10. Duties how to be paid.
11. Use of adhesive stamps.
12. Cancellation of adhesive stamps.
13. Instruments stamped with impressed stamps how to be written.
14. Only one instrument to be on same stamps.
15. Instrument written contrary to section 13 or 14 deemed unstamped.
16. Denoting duty.
C. —Of the time of stamping instruments
17. Instrument executed in India.
18. Instruments other than bills and notes executed out of India.
19. Bills and notes drawn out of India.
D. —Of valuations for duty
20. Conversion of amount expressed in foreign currencies.
21. Stock and marketable securities how to be valued.
22. Effect of statement of rate of exchange or average price.
23. Instruments reserving interest.
23A. Certain instruments connected with mortgages of marketable securities to be chargeable as
agreements.
24. How transfer in consideration of debt, or subject to future payment, etc., to be charged.
25. Valuation in case of annuity, etc.
26. Stamp where value of subject-matter is indeterminate.
27. Facts affecting duty to be set forth in instrument.
28. Direction as to duty in case of certain conveyances.
2
SECTIONS
E. —Duty by whom payable
29. Duties by whom payable.
30. Obligation to give receipt in certain cases.
CHAPTER III
ADJUDICATION AS TO STAMPS
31. Adjudication as to proper stamp.
32. Certificate by Collector.
CHAPTER IV
INSTRUMENTS NOT DULY STAMPED
33. Examination and impounding of instruments.
34. Special provision as to unstamped receipts.
35. Instruments not duly stamped inadmissible in evidence, etc.
36. Admission of instrument where not to be questioned.
37. Admission of improperly stamped instruments.
38. Instruments impounded how dealt with.
39. Collector’s power to refund penalty paid under section 38, sub-section (1).
40. Collector’s power to stamp instruments impounded.
41. Instruments unduly stamped by accident.
42. Endorsement of instruments on which duty has been paid under sections 35, 40 or 41.
43. Prosecution for offence against Stamp-law.
44. Persons paying duty or penalty may recover same in certain cases.
45. Power to Revenue-authority to refund penalty or excess duty in certain cases.
46. Non-liability for loss of instruments sent under section 38.
47. Power of payer to stamp bills, and promissory notes received by him unstamped.
48. Recovery of duties and penalties.
CHAPTER V
ALLOWANCES FOR STAMPS IN CERTAIN CASES
49. Allowance for spoiled stamps.
50. Application for relief under section 49 when to be made.
51. Allowance in case of printed forms no longer required by Corporations.
52. Allowance for misused stamps.
53. Allowance for spoiled or misused stamps how to be made.
54. Allowance for stamps not required for use.
54A. Allowances for stamps in denominations of annas.
54B. Allowances for Refugee Relief stamps.
55. Allowance on renewal of certain debentures.
CHAPTER VI
REFERENCE AND REVISION
56. Control of, and statement of case to, Chief Controlling Revenue-authority.
3
SECTIONS
57. Statement of case by Chief Controlling Revenue-authority to High Court.
58. Power of High Court to call for further particulars as to case stated.
59. Procedure in disposing of case stated.
60. Statement of case by other Courts to High Court.
61. Revision of certain decisions of Courts regarding the sufficiency of stamps.
CHAPTER VII
CRIMINAL OFFENCES AND PROCEDURE
62. Penalty for executing, etc., instrument not duly stamped.
63. Penalty for failure to cancel adhesive stamp.
64. Penalty for omission to comply with provisions of section 27.
65. Penalty for refusal to give receipt, and for devices to evade duty on receipts.
66. Penalty for not making out policy or making one not duly stamped.
67. Penalty for not drawing full number of bills or marine policies purporting to be in sets.
68. Penalty for post-dating bills, and for other devices to defraud the revenue.
69. Penalty for breach of rule relating to sale of stamps and for unauthorised sale.
70. Institution and conduct of prosecutions.
71. Jurisdiction of Magistrates.
72. Place of trial.
CHAPTER VIII
SUPPLEMENTAL PROVISIONS
73. Books, etc., to be open to inspection.
74. Powers to make rules relating to sale of stamps.
75. Powers to make rules generally to carry out Act.
76. Publication of rules.
76A. Delegation of certain powers.
77. Saving as to court-fees.
77A. Saving as to certain stamps.
78. Act to be translated, and sold cheaply.
79. [Repealed.]
SCHEDULE I.––Stamp-duty on instruments.
SCHEDULE II. –– [Repealed.]
4
THE INDIAN STAMP ACT, 1899
ACT NO. 2 OF 18991
[27th January, 1899]
An Act to Consolidate and amend the law relating to Stamps.
WHEREAS it is expedient to consolidate and amend the law relating to Stamps. It is hereby enacted as
follows:—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement — (1) This Act may be called the Indian Stamp Act,
1899.
2
[(2) It extends to the whole of India except the State of Jammu and Kashmir:
Provided that it shall not apply to 3
[the territories which, immediately before the 1st November, 1956,
were comprised in Part B States] (excluding the State of Jammu and Kashmir) except to the extent to
which the provisions of this Act relate to rates of stamp-duty in respect of the documents specified in
Entry 91 of List I in the Seventh Schedule to the Constitution].
(3) It shall come into force on the first day of July, 1899.
2. Definitions. — In this Act, unless there is something repugnant in the subject or context, —
(1) ―Banker‖. —―banker‖ includes a bank and any person acting as a banker;
(2) ―Bill of exchange”. — ―bill of exchange‖ means a bill of exchange as defined by the Negotiable
Instruments Act, 1881, (26 of 1881), and includes also a hundi, and any other document entitling or
purporting to entitle any person, whether named therein or not, to payment by any other person of, or to
draw upon any other person for, any sum of money;
(3) ―Bill of exchange payable on demand‖. —―bill of exchange payable on demand‖ includes—

1. For Report of the Select Committee, see Gazette of India, 1898. Pt. -V, p. 231: and for Proceedings in Council,
see 1898, Pt. VI, pp. 10 and 278; and Gazette of India, 1899, Pt. VI, p 5.
This Act has been partially extended to Berar Laws Act, 1941 (4 of 1941) and has been declared to be in force
in the Sonthal Parganas by the Sonthal Parganas Settlement Regulation (3 of 1872), s. 3, as amended by Reg. 3 of
1899, s. 3; in the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), s. 3 and Sch; and in Panth Piploda
by the Panth Piploda Laws Regulation, 1929 (1 of 1929), s. 2.
Under s. 3(a) of the Scheduled Districts Act, 1874 (14 of 1874) the Act has been declared to be in force
in the Scheduled Districts of Ganjam, Vizagapatam and East Godavary, see Notification No. 121, dated 25th
April, 1927, Fort St. George Gazette, 1927, Pt. I, p. 684. It has also been extended under ss. 5 and 5A of the
same Act, with certain modifications. to the districts of the Khasi and Jaintia Hills, the Garo Hills, the
Lushai Hills and the Naga Hills and the North Kachar sub-division of the Kachar district, the Mikir Hill
Tracts in the Sibsagar and Nowgong districts and the Lakhimpur Frontier Tract, see Notification No. 1541.-
F(a), dated 10th April; 1930. Assam Gazette 1930. Pt. ii, p. 700.
Extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. 1: to Goa, Daman and Diu by Reg. 11 of
1963, s. 3 and to Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965, s. 3 and Schedule.
2. Subs. by Act 43 of 1955, s. 3, for sub-section (2) (w.e.f. 1-4-1956).
3. Subs. by the A.O. (No. 2) 1956, for “Part B States”.
5
(a) an order for the payment of any sum of money by a bill of exchange or promissory note, or for
the delivery of any bill of exchange or promissory note in satisfaction of any sum of money, or for the
payment of any sum of money out of any particular fund which may or may not be available, or upon
any condition or contingency which may or may not be performed or happen;
(b) an order for the payment of any sum of money weekly, monthly, or at any other stated period;
and
(c) a letter of credit, that is to say, any instrument by which one person authorizes another to give
credit to the person in whose favour it is drawn:
(4) “Bill of lading”. — ―bill of lading‖ includes a ―through bill lading‖, but does not include a mate’s
receipt:
(5) “Bond”. — ―bond‖ includes—
(a) any instrument whereby a person obliges himself to pay money to another, on condition that
the obligation shall be void if a specified act is performed, or is not performed, as the case may be;
(b) any instrument attested by a witness and not payable to order or bearer, whereby a person
obliges himself to pay money to another; and
(c) any instrument so attested, whereby a person obliges himself to deliver grain or other
agricultural produce to another:
(6) “Chargeable”. — ―chargeable‖ means, as applied to an instrument executed or first executed
after the commencement of this Act, chargeable under this Act, and, as applied to any other instrument,
chargeable under the law in force in 1
[India] when such instrument was executed or, where several
persons executed the instrument at different times, first executed:
(7) “Cheque”. — ―cheque‖ means a bill of exchange drawn on a specified banker and not expressed
to be payable otherwise than on demand:
2
* * * * * *
(9) “Collector” . — ―Collector‖ —
(a) means, within the limits of the towns of Calcutta, Madras and Bombay, the Collector of
Calcutta, Madras and Bombay, respectively, and, without those limits, the Collector of a district, and
(b) includes a Deputy Commissioner and any officer whom 3
[the 4
[State Government]] may, by
notification in the Official Gazette, appoint in this behalf:
(10) ―Conveyance”. — ―conveyance‖ includes a conveyance on sale every instrument by which
property, whether moveable or immovable, is transferred inter vivos and which is not otherwise
specifically provided for by schedule I:
(11) ―Duly stamped”. — ―duly stamped‖, as applied to an instrument, means that the instrument
bears an adhesive or impressed stamp of not less than the proper amount and that such stamp has been
affixed or used in accordance with the law for the time being in force in 1
[India]:
(12) ―Executed” and “execution”. — ―executed‖ and ―execution‖ used with reference to
instruments, mean ―signed‖ and ―signature‖:

1. Subs. by Act 43 of 1955, s. 2, for ―the States‖ (w.e.f. 1-4-1956).
2. Clause (8) omitted by the A.O. 1937.
3. Subs. by the A.O. 1937, for ―the L.G.‖.
4. Subs. by the A.O. 1950, for ―collecting Government‖.
6
1
* * * * * *
(13) ―Impressed stamp”. — ―impressed stamp‖ includes—
(a) labels affixed and impressed by the proper officer, and
(b) stamps embossed or engraved on stamped paper:
2
[(13A) ―India”. — ―India‖ means the territory of India excluding the State of Jammu and Kashmir:]
(14) ―Instrument”.— ―instrument‖ includes every document by which any right or liability is, or
purports to be, created, transferred, limited, extended, extinguished or recorded:
(15) ―Instrument of partition”.— ―instrument of partition‖ means any instrument where by coowners
of any property divide or agree to divide such property in severalty, and includes also a final order
for effecting a partition passed by any Revenue-authority or any Civil Court and an award by an arbitrator
directing a partition:
(16) ―Lease”. — ―lease‖ means a lease of immovable property, and includes also—
(a) a patta;
(b) a kabuliyat or other undertaking in writing, not being a counterpart of a lease, to cultivate,
occupy, or pay or deliver rent for, immovable property;
(c) any instrument by which tolls of any description are let;
(d) any writing on an application for a lease intended to signify that the application is granted;
3
[(16A) ―Marketable security”. — ―marketable security‖ means a security of such a description as
to be capable of being sold in any stock market in 4
[India] or in the United Kingdom:]
(17) ―Mortgage-deed”. — ―mortgage-deed‖ includes every instrument whereby, for the purpose of
securing money advanced, or to be advanced, by way of loan, or an existing or future debt, or the
performance of an engagement, one person transfers, or creates, to, or in favour of, another, a right over
or in respect of specified property:
(18) ―Paper”. — ―paper‖ includes vellum, parchment or any other material on which an instrument
may be written:
(19) ―Policy of insurance”. — ―policy of insurance‖ includes—
(a) any instrument by which one person, in consideration of a premium, engages to indemnify
another against loss, damage or liability arising from an unknown or contingent event;
(b) a life-policy, and any policy insuring any person against accident or sickness, and any other
personal insurance; 5
***

6
* * * * *
2
[(19A) ―Policy of group insurance”. — ―policy of group insurance‖ means any instrument
covering not less than fifty or such smaller number as the Central Government may
approve, either generally or with reference to any particular case, by which an insurer, in consideration
of a premium paid by an employer or by an employer and his employees jointly, engages to
cover, with or without medical examination and for the sole benefit of persons other
than the employer, the lives of all the employees or of any class of them, determined

1. Clause (12A) omitted by the A.O. 1950. Earlier ins. by the A.O. 1937.
2. Ins. by Act 43 of 1955, s. 4 (w.e.f. 1-4-1956).
3. Ins. by Act 15 of 1904, s. 2.
4. Subs. by Act 43 of 1955, s. 2, for ―the States‖ (w.e.f. 1-4-1956).
5. The word ―and‖ omitted by Act 5 of 1906, s. 2.
6. Clause (c) omitted by s. 2, ibid.
7
by conditions pertaining to the employment, for amounts of insurance based upon a plan which precludes
individual selection :]
(20) ―Policy of sea-insurance‖ or ―sea-policy‖. — ―Policy of sea-insurance‖ or ―sea-policy‖—
(a) means any insurance made upon any ship or vessel (whether for marine or inland navigation),
or upon the machinery, tackle or furniture of any ship or vessel, or upon any goods, merchandise or
property of any description whatever on board of any ship or vessel, or upon the freight of, or any
other interest which may be lawfully insured in, or relating to, any ship or vessel, and
(b) includes any insurance of goods, merchandise or property for any transit which includes, not
only a sea risk within the meaning of clause (a), but also any other risk incidental to the transit
insured from the commencement of the transit to the ultimate destination covered by the insurance:
Where any person, in consideration of any sum of money paid or to be paid for additional freight
or otherwise, agrees to take upon himself any risk attending goods, merchandise or property of any
description whatever while on board of any ship or vessel, or engages to indemnify the owner of any
such goods, merchandise or property from any risk, loss or damage, such agreement or engagement
shall be deemed to be a contract for sea-insurance:
(21) ―Power-of-attorney”.— ―power-of-attorney‖ includes any instrument (not chargeable with a fee
under the law relating to Court-fees for the time being in force) empowering a specified person to act for
and in the name of the person executing it:
(22) ―Promissory note”.— ―promissory note‖ means a promissory note as defined by the Negotiable
Instruments Act, 1881 (XXVI of 1881):
It also includes a note promising the payment of any sum of money out of any particular fund which
may or may not be available, or upon any condition or contingency which may or may not be performed
or happen:
(23) ―Receipt”. — ―receipt‖ includes any note, memorandum or writing—
(a) whereby any money, or any bill of exchange, cheque or promissory note is acknowledged to
have been received, or
(b) whereby any other moveable property is acknowledged to have been received in satisfaction
of a debt, or
(c) where by any debt or demand, or any part of debt or demand, is acknowledged to have been
satisfied or discharged, or
(d) which signifies or imports any such acknowledgment,
and whether the same is or is not signed with the name of any person; 1
***
(24) ―Settlement”. — ―settlement‖ means any non-testamentary disposition, in writing, of moveable
or immovable property made—
(a) in consideration of marriage,
(b) for the purpose of distributing property of the settler among his family or those for whom he
desires to provide, or for the purpose of providing for some person dependent on him, or
(c) for any religious or charitable purpose:

1. The word ―and‖ omitted by Act 18 of 1928, s. 2 and the First Sch.
8
and includes an agreement in writing to make such a disposition 1
[and, where any such disposition
has not been made in writing, any instrument recording, whether by way of declaration trust or otherwise,
the terms of any such disposition]; 2
***
3
[(25) ―Soldier”. — ―soldier‖ includes any person below the rank of non-commissioned officer who
is enrolled under the 4
Indian Army Act, 1911 (8 of 1911).]
5
[(26) ―Stamp”. — ―stamp‖ means any mark, seal or endorsement by any agency or person duly
authorised by the State Government, and includes an adhesive or impressed stamp, for the purposes of
duty chargeable under this Act.]
CHAPTER II
STAMP DUTIES
A.—Of the liability of instruments to duty
3. Instruments chargeable with duty. —Subject to the provisions of this Act and the exemptions
contained in Schedule I, the following instruments shall be chargeable with duty of the amount indicated
in that Schedule as the proper duty therefore respectively, that is to say—
(a) every instrument mentioned in that Schedule which, not having been previously executed by
any person, is executed in 6
[India] on or after the first day of July, 1899;
(b) every bill of exchange 7
[payable otherwise than on demand] 8
*** or promissory note drawn
or made out of 6
[India] on or after that day and accepted or paid, or presented for acceptance or
payment, or endorsed, transferred or otherwise negotiated, in 6
[India]; and
(c) every instrument (other than a bill of exchange,
8
***or promissory note) mentioned in that
Schedule, which, not having been previously executed by any person, is executed out of 6
[India] on or
after that day, relates to any property situate, or to any matter or thing done or to be done, in
6
[India] and is received in 6
[India]:
Provided that no duty shall be chargeable in respect of—
(1) any instrument executed by, or on behalf of, or in favour of, the Government in cases where,
but for this exemption, the Government would be liable to pay the duty chargeable in respect of such
instrument;
(2) any instrument for the sale, transfer or other disposition, either absolutely or by way of
mortgage or otherwise, of any ship or vessel, or any part, interest, share or property of or in any ship
or vessel registered under the Merchant Shipping Act 1894, Act No. 57 & 58 Vict. c. 60 or under
Act XIX of 1838 Act No. or the Indian Registration of Ships Act, 1841, (CX of 1841) as amended by
subsequent Acts.
3A. [Instruments chargeable with additional duty.] Omitted by the Refugee Relief Taxes (Abolition)
Act, 1973 (13 of 1973), s. 2 (w.e.f. 1-4-1973).
4. Several instruments used in single transaction of sale, mortgage or settlement. — (1) Where,
in the case of any sale, mortgage or settlement, several instruments are employed for completing the
transaction, the principal instrument only shall be chargeable with the duty prescribed in Schedule I, for
the conveyance, mortgage or settlement, and each of the other instruments shall be chargeable with a duty
of one rupee instead of the duty (if any) prescribed for it in that Schedule.

1. Ins. by Act 15 of 1904, s. 2.
2. The word ―and‖ omitted by the A.O. 1950. Earlier ins. by Act 18 of 1928, s. 2 and the First Sch.
3. Added by Act 1928 of 18, s. 2 and the First Sch.,
4. See. Now the Army Act 1950 (46 of 1950).
5. Ins. by Act 23 of 2004, s. 117.
6. Subs. by Act 43 of 1955, s. 2, for ―the States‖ (w.e.f. 1-4-1956).
7. Ins. by Act 5 of 1927, s. 5.
8. The word ―cheque‖ omitted by s. 5, ibid.
9
(2) The parties may determine for themselves which of the instrument so employed shall, for the
purposes of sub-section (1), be deemed to be the principal instrument:
Provided that the duty chargeable on the instrument so determined shall be the highest duty which
would be chargeable in respect of any of the said instruments employed.
5. Instruments relating to several distinct matters. — Any instrument comprising or relating to
several distinct matters shall be chargeable with the aggregate amount of the duties with which separate
instruments, each comprising or relating to one of such matters, would be chargeable under this Act.
6. Instruments coming within several descriptions in Schedule I. — Subject to the provisions of
the last preceding section, an instrument so framed as to come within two or more of the descriptions in
Schedule I, shall, where the duties chargeable thereunder are different, be chargeable only with the
highest of such duties:
Provided that nothing in this Act contained shall render chargeable with duty exceeding one rupee a
counterpart or duplicate of any instrument chargeable with duty and in respect of which the proper duty
has been paid.
7. Policies of sea-insurance. —1
* * * * *
(4) Where any sea-insurance is made for or upon a voyage and also for time, or to extend to or cover
any time beyond thirty days after the ship shall have arrived at her destination and been there moored at
anchor, the policy shall be charged with duty as a policy for or upon a voyage, and also with duty as a
policy for time.
8. Bonds, debentures or other securities issued on loans under Act XI of 1879. —
(1) Notwithstanding anything in this Act, any local authority raising a loan under the provisions of the
Local Authorities Loan Act, 1879 (XI of 1879) or, of any other law for the time being in force, by the
issue of bonds, debentures or other securities, shall, in respect of such loan, be chargeable with a duty of
2
[one per centum] on the total amount of the bonds, debentures or other securities issued by it, and such
bonds, debentures or other securities need not be stamped and shall not be chargeable with any further
duty on renewal, consolidation, sub-division or otherwise.
(2) The provisions of sub-section (1) exempting certain bonds, debentures or other securities from
being stamped and from being chargeable with certain further duty shall apply to the bonds, debentures or
other securities of all outstanding loans of the kind mentioned therein, and all such bonds, debentures or
other securities shall be valid, whether the same are stamped or not:
Provided that nothing herein contained shall exempt the local authority which has issued such bonds,
debentures or other securities from the duty chargeable in respect thereof prior to the twenty-sixth day of
March, 1897, when such duty has not already been paid or remitted by order issued by the Central
Government.
(3) In the case of willful neglect to pay the duty required by this section, the local authority shall be
liable to forfeit to the Government a sum equal to ten per centum upon the amount of duty payable, and a
like penalty for every month after the first month during which the neglect continues.

1. Sub-sections (1), (2) and (3) rep. by Act 11 of 1963, s. 92 (w.e.f. 1-8-1963).
2. Subs. by Act 6 of 1910, s. 2 for ―eight annas per centum‖.
10
1
[8A. Securities dealt in depository not liable to stamp duty. — Notwithstanding anything
contained in this Act or any other law for the time being in force, —
(a) an issuer, by the issue of securities to one or more depositories, shall, in respect of such issue,
be chargeable with duty on the total amount of security issued by it and such securities need not be
stamped;
(b) where an issuer issues certificate of security under sub-section (3) of section 14 of the
Depositories Act, 1996 (22 of 1996), on such certificate duty shall be payable as is payable on the
issue of duplicate certificate under this Act;
(c) the transfer of—
(i) registered ownership of securities from a person to a depository or from a depository to a
beneficial owner;
(ii) beneficial ownership of securities, dealt with by a depository;
(iii) beneficial ownership of units, such units being units of a Mutual Fund including units of
the Unit Trust of India established under sub-section (1) of section 3 of the Unit Trust of India
Act, 1963 (52 of 1963), dealt with by a depository,
shall not be liable to duty under this Act or any other law for the time being in force.
Explanation 1.—For the purposes of this section, the expressions ―beneficial ownership‖,
―depository‖ and ―issuer‖ shall have the meanings respectively assigned to them in clauses (a), (e) and (f)
of sub-section (1) of section 2 of the Depositories Act, 1996 (22 of 1996).
Explanation 2.—For the purposes of this section, the expression ―securities‖ shall have the meaning
assigned to it in clause (h) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956). ]
2
[8B. Corporatisation and demutualisation schemes and related instruments not liable to
duty. —Notwithstanding anything contained in this Act or any other law for the time being in force, —
(a) a scheme for corporatisation or demutualisation, or both of a recognised stock exchange; or
(b) any instrument, including an instrument of, or relating to, transfer of any property, business,
asset whether movable or immovable, contract, right, liability and obligation, for the purpose of, or in
connection with, the corporatisation or demutualisation, or both of a recognised stock exchange
pursuant to a scheme,
as approved by the Securities and Exchange Board of India under sub-section (2) of section 4B of the
Securities Contracts (Regulation) Act, 1956 (42 of 1956), shall not be liable to duty under this Act or any
other law for the time being in force.
Explanation. —For the purposes of this section, —
(a) the expressions ―corporatisation‖, ―demutualisation‖ and ―scheme‖ shall have the meanings
respectively assigned to them in clauses (aa), (ab) and (ga) of section 2 of the Securities Contracts
(Regulation) Act, 1956 (42 of 1956);
(b) ―Securities and Exchange Board of India‖ means the Securities and Exchange Board of India
established under section 3 of the Securities and Exchange Board of India Act, 1992 (15 of 1992).]
3
[8C. Negotiable warehouse receipts not liable to stamp duty.— Notwithstanding anything
contained in this Act, negotiable warehouse receipts shall not be liable to stamp duty.]
9. Power to reduce, remit or compound duties. — 4
[(1)] [
5The 6
***Government] may, by rule or
order published in the Official Gazette, —
(a) reduce or remit, whether prospectively or retrospectively, in the whole or any part of 7
[the
territories under its administration], the duties with which any instruments or any particular class of
instruments, or any of the instruments belonging to such class, or any instruments when executed by
or in favour of any particular class of persons, or by or in favour of any members of such class, are
chargeable, and

1. Subs. by Act 10 of 2000, s. 118 (w.e.f. 12-5-2000). Earlier ins. by Act 22 of 1996, s. 30 and Schedule (w.e.f. 20-9-1995).
2. Ins. by Act 18 of 2005, s.114 (w.e.f. 13-5-2005).
3. Ins by Act 37 of 2007, s. 55 (w.e.f. 25-10-2010).
4. S. 9 re-numbered as sub-section (1) of that section by the A.O. 1950.
5. Subs. by the A.O. 1937, for ―the G.G. in C‖.
6. The word ―collecting‖ omitted by the A.O. 1950.
7. Subs. by the A.O. 1937, for ―British India‖.
11
(b) provide for the composition or consolidation of duties 1
[of policies of insurance and] in the
case of issues by any incorporated company or other body corporate 2
[or of transfers (where there is a
single transferee, whether incorporated or not)] of debentures, bond or other marketable securities.
3
[(2) In this section the expression ―the Government‖ means, —
(a) in relation to stamp-duty in respect of bills of exchange, cheques, promissory notes, bills of
lading, letters of credit, policies of insurance, transfer of shares, debentures, proxies and receipts, and
in relation to any other stamp-duty chargeable under this Act and falling within entry 96 in List I in
the 4
[Seventh Schedule to the Constitution, expect the subject matters referred to in clause (b) of
sub-section (1)]; the Central Government;
(b) Save as aforesaid, the State Government.]
B. —Of Stamps and the mode of using them
10. Duties how to be paid. — (1) Except as otherwise expressly provided in this Act, all duties with
which any instruments are chargeable shall be paid, and such payment shall be indicated on such
instruments, by means of stamps —
(a) according to the provisions herein contained; or
(b) when no such provision is applicable thereto-as the 5
[State Government] may be rule direct.
(2) The rules made under sub-section (1) may, among other matters, regulate, —
(a) in the case of each kind of instrument-the description of stamps which may be used;
(b) in the case of instruments stamped with impressed stamps-the number of stamps which may
be used;
(c) in the case of bills of exchange or promissory notes 6
*** the size of the paper on which they
are written.
11. Use of adhesive stamps. — The following instruments may be stamped with adhesive stamps,
namely: —
(a) instruments chargeable 7
[with a duty not exceeding ten naye paise], except parts of bills of
exchange payable otherwise than on demand and drawn in sets;
(b) bills of exchange,
8
*** and promissory notes drawn or made out of 9
[India];
(c) entry as an advocate, vakil or attorney on the roll of a High Court;
(d) notarial acts; and
(e) transfers by endorsement of shares in any incorporated company or other body corporate.
12. Cancellation of adhesive stamps — (1) (a) Whoever affixes any adhesive stamp to any
instrument chargeable with duty which has been executed by any person shall, when affixing such stamp,
cancel the same so that it cannot be used again; and
(b) whoever executes any instrument on any paper bearing an adhesive stamp shall, at the time of
execution, unless such stamp has been already cancelled in manner aforesaid, cancel the same so that it
cannot be used again.
(2) Any instrument bearing an adhesive stamp which has not been cancelled so that it cannot be used
again, shall, so far as such stamp is concerned, be deemed to be unstamped.
(3)The person required by sub-section (1) to cancel an adhesive stamp may cancel it by writing on or
across the stamp his name or initials or the name or initials of his firm with the true date of his so writing,
or in any other effectual manner.

1. Ins. by Act 23 of 2004, s. 117.
2. Ins. by Act 32 of 1994, s. 99 (w.e.f. 13-9-1994).
3. Added by the A.O. 1950.
4. Subs by Act 21 of 2006 s. 69, for ―Seventh Schedule to the Constitution‖. (w.e.f. 18-4-2006)
5. Subs. by the A.O. 1950, for ―collecting Government‖.
6. The words ―written in any oriental language‖ omitted by Act 43 of 1955 s. 5 (w.e.f. 1-4-1956).
7. Subs. by Act 19 of 1958, s. 2, for ―with the duty of one anna or half an anna‖ (w.e.f. 1-10-1958).
8. The word ―cheques‖ omitted by Act 5 of 1927, s. 5.
9. Subs. by Act 43 of 1955, s. 2, for ―the States‖ (w.e.f. 1-4-1956).
12
13. Instruments stamped with impressed stamps how to be written. — Every instrument written
upon paper stamped with an impressed stamp shall be written in such manner that the stamp may appear
on the face of the instrument and cannot be used for or applied to any other instrument.
14. Only one instrument to be on same stamp. —No second instrument chargeable with duty shall
be written upon a piece of stamped paper upon which an instrument chargeable with duty has already
been written:
Provided that nothing in this section shall prevent any endorsement which is duly stamped or is not
chargeable with duty being made upon any instrument for the purpose of transferring any right created or
evidenced thereby, or of acknowledging the receipt of any money or goods the payment or delivery of
which is secured thereby.
15. Instrument written contrary to section 13 or 14 deemed unstamped.—Every instrument
written in contravention of section 13 or section 14 shall be deemed to be unstamped.
16. Denoting duty. —Where the duty with which an instrument is chargeable, or its exemption from
duty, depends in any manner upon the duty actually paid in respect of another instrument, the payment of
such last-mentioned duty shall, if application is made in writing to the Collector for that purpose, and on
production of both the instruments, be denoted upon such first-mentioned instrument by endorsement
under the hand of the Collector or in such other manner (if any) as the 1
[State Government] may by rule
prescribe.
C.— Of the time of stamping instruments
17. Instruments executed in India. — All instruments chargeable with duty and executed by any
person in 2
[India] shall be stamped before or at the time of execution.
18. Instruments other than bills and notes executed out of India.—(1) Every instrument
chargeable with duty executed only out of 2
[India], and not being a bill of exchange 3
*** or promissory
note, may be stamped within three months after it has been first received in 2
[India].
(2) Where any such instrument cannot, with reference to the description of stamp prescribed
therefore, be duly stamped by a private person, it may be taken within the said period of three months to
the Collector, who shall stamp the same, in such manner as the 1
[State Government] may by rule
prescribe, with a stamp of such value as the person so taking such instrument may require and pay for.
19. Bills and notes drawn out of India.—The first holder in 2
[India] of any bill of
exchange 4
[payable otherwise than on demand], 3
*** or promissory note drawn or made out of 2
[India]
shall, before he presents the same for acceptance or payment, or endorses, transfers or otherwise
negotiates the same in 2
[India], affix thereto the proper stamp and cancel the same:
Provided that,—
(a) if, at the time any such bill of exchange,
3
*** or note comes into the hands of any holder
thereof in 2
[India], the proper adhesive stamp is affixed thereto and cancelled in manner prescribed by
section 12 and such holder has no reason to believe that such stamp was affixed or cancelled
otherwise than by the person and at the time required by this Act, such stamp shall, so far as relates to
such holder, be deemed to have been duly affixed and cancelled;
(b) nothing contained in this proviso shall relieve any person from any penalty incurred by him
for omitting to affix or cancel a stamp.

1. Subs. by the A.O. 1950, for ―collecting Government‖.
2. Subs. by Act 43 of 1955, s. 2, for ―the States‖ (w.e.f. 1-4-1956).
3. The word ―cheque‖ omitted by Act 5 of 1927, s. 5.
4. Ins. by s. 5, ibid.
13
D.—Of valuations for duty
20. Conversion of amount expressed in foreign currencies.—(1) Where an instrument is
chargeable with ad valorem duty in respect of any money expressed in any currency other than that of
1
[India] such duty shall be calculated on the value of such money in the currency of 1
[India] according to
the current rate of exchange on the day of the date of the instrument.
(2) The Central Government may, from time to time, by notification in the Official Gazette, prescribe
a rate of exchange for the conversion of British or any foreign currency into the currency of 1
[India] for
the purposes of calculating stamp-duty, and such rate shall be deemed to be the current rate for the
purposes of sub-section (1).
21. Stock and marketable securities how to be valued. —Where an instrument is chargeable with
ad valorem duty in respect of any stock or of any marketable or other security, such duty shall be
calculated on the value of such stock or security according to the average price or the value thereof on the
day of the date of the instrument.
22. Effect of statement of rate of exchange or average price. —Where an instrument contains a
statement of current rate of exchange, or average price, as the case may require, and is stamped in
accordance with such statement, it shall, so far as regards the subject-matter of such statement, be
presumed, until the contrary is proved, to be duly stamped.
23. Instruments reserving interest. —Where interest is expressly made payable by the terms of an
instrument, such instrument shall not be chargeable with duty higher than that with which it would have
been chargeable had not mention of interest been made therein.
2
[23A. Certain instruments connected with mortgages of marketable securities to be chargeable
as agreements. — (1) Where an instrument (not being a promissory note or bill of exchange) —
(a) is given upon the occasion of the deposit of any marketable security by way of security for
money advanced or to be advanced by way of loan, or for an existing or future debt, or
(b) makes redeemable or qualifies a duly stamped transfer, intended as a security, of any
marketable security,
it shall be chargeable with duty as if it were an agreement or memorandum of an agreement chargeable
with duty under 3
[Article No. 5 (c)] of Schedule I.
(2) A release or discharge of any such instrument shall only be chargeable with the like duty. ]
24. How transfer in consideration of debt, or subject to future payment, etc., to be charged. —
Where any property is transferred to any person in consideration, wholly or in part, of any debt due to
him, or subject either certainly or contingently to the payment or transfer of any money or stock, whether
being or constituting a charge or incumbrance upon the property or not, such debt, money or stock is to be
deemed the whole or part, as the case may be, of the consideration in respect whereof the transfer is
chargeable with ad valorem duty:
Provided that, nothing in this section shall apply to any such certificate of sale as is mentioned in
Article No. 18 of Schedule I.
Explanation. — In the case of a sale of property subject to a mortgage or other incumbrance, any
unpaid mortgage money or money charged, together with the interest (if any) due on the same, shall be
deemed to be part of the consideration for the sale:
Provided that where property subject to a mortgage is transferred to the mortgage, he shall be entitled
to deduct from the duty payable on the transfer the amount of any duty already paid in respect of the
mortgage.

1. Subs. by Act 43 of 1955, s. 2, for “the States” (w.e.f. 1-4-1956).
2. Ins. by Act 15 of 1904, s. 3.
3. Subs. by Act 1 of 1912, s. 3, for ―Article No. 5(b)”.
14
Illustrations
(1) A owes B Rs. 1,000. A sells a property to B, the consideration being Rs. 500 and the release of the previous
debt of Rs. 1,000. Stamp-duty is payable on Rs. 1,500.
(2) A sells a property to B for Rs. 500 which is subject to a mortgage to C for Rs. 1,000 and unpaid interest Rs
200. Stamp-duty is payable on Rs. 1,700.
(3) A mortgages a house of the value of Rs. 10,000 to B for Rs. 5,000. B afterwards buys the house from A.
Stamp-duty is payable on Rs. 10,000 less the amount of stamp-duty already paid for the mortgage.
25. Valuation in case of annuity, etc. —Where an instrument is executed to secure the payment of
an annuity or other sum payable periodically, or where the consideration for a conveyance is an annuity
or other sum payable periodically, the amount secured by such instrument or the consideration for such
conveyance, as the case may be, shall, for the purposes of this Act, be deemed to be,—
(a) where the sum is payable for a definite period so that the total amount to be paid can be
previously ascertained—such total amount;
(b) where the sum is payable in perpetuity or for an indefinite time not terminable with any life in
being at the date of such instrument or conveyance—the total amount which, according to the terms
of such instrument or conveyance, will or may be payable during the period of twenty years
calculated from the date on which the first payment becomes due; and
(c) where the sum is payable for an indefinite time terminable with any life in being at the date of
such instrument or conveyance — the maximum amount which will or may be payable as aforesaid
during the period of twelve years calculated from the date on which the first payment becomes due.
26. Stamp where value of subject-matter is indeterminate. —Where the amount or value of the
subject-matter of any instrument chargeable with ad valorem duty cannot be, or (in the case of an
instrument executed before the commencement of this Act) could not have been, ascertained at the date of
its execution or first execution, nothing shall be claimable under such instrument more than the highest
amount or value for which, if stated in an instrument of the same description, the stamp actually used
would, at the date of such execution, have been sufficient:
1
[Provided that, in the case of the lease of a mine in which royalty or a share of the produce is
received as the rent or part of the rent, it shall be sufficient to have estimated such royalty or the value of
such share, for the purpose of stamp-duty, —
(a) when the lease has been granted by or on behalf of 2
[the Government], at such amount or
value as the Collector may, having regard to all the circumstances of the case, have estimated as
likely to be payable by way of royalty or share to 3
[the Government] under the lease, or
(b) when the lease has been granted by any other person, at twenty thousand rupees a year,
and the whole amount of such royalty or share, whatever it may be, shall be claimable under such lease:]
Provided also that where proceedings have been taken in respect of an instrument under section 31 or
41, the amount certified by the Collector shall be deemed to be the stamp actually used at the date of
execution.
27. Facts affecting duty to be set forth in instrument. —The consideration (if any) and all other
facts and circumstances affecting the chargeability of any instrument with duty, or the amount of the duty
with which it its chargeable, shall be fully and truly set forth therein.

1. Subs. by Act 15 of 1904, s. 4, for the proviso.
2. Subs. by the A.O. 1937, for ―the secretary of State in Council‖.
3. Subs., ibid., for ―the said Secretary of State in Council‖.
15
28. Direction as to duty in case of certain conveyances. — (1) Where any property has been
contracted to be sold for one consideration for the whole, and is conveyed to the purchaser in separate
parts by different instruments, the consideration shall be apportioned in such manner as the parties think
fit, provided that a distinct consideration for each separate part is set forth in the conveyance relating
thereto, and such conveyance shall be chargeable with ad valorem duty in respect of such distinct
consideration.
(2) Where property contracted to be purchased for one consideration for the whole, by two or more
persons jointly, or by any person for himself and others, or wholly for others, is conveyed in parts by
separate instruments to the persons by or for whom the same was purchased, for distinct parts of the
consideration, the conveyance of each separate part shall be chargeable with ad valorem duty in respect of
the distinct part of the consideration therein specified.
(3) Where a person, having contracted for the purchase of any property but not having obtained a
conveyance thereof, contracts to sell the same to any other person and the property is in consequence
conveyed immediately to the sub-purchaser the conveyance shall be chargeable with ad valorem duty in
respect of the consideration for the sale by the original purchaser to the sub-purchaser.
(4) Where a person, having contracted for the purchase of any property but not having obtained a
conveyance thereof, contracts to sell the whole, or any part thereof, to any other person or persons and the
property is in consequence conveyed by the original seller to different persons in parts, the conveyance of
each part sold to a sub-purchaser shall be chargeable with ad valorem duty in respect only of the
consideration paid by such sub-purchaser, without regard to the amount or value of the original
consideration; and the conveyance of the residue (if any) of such property to the original purchaser shall
be chargeable with ad valorem duty in respect only of the excess of the original consideration over the
aggregate of the considerations paid by the sub-purchasers:
Provided that the duty on such last-mentioned conveyance shall in no case be less than one rupee.
(5) Where a sub-purchaser takes an actual conveyance of the interest of the person immediately
selling to him, which is chargeable with ad valorem duty in respect of the consideration paid by him and
is duly stamped accordingly, any conveyance to be afterwards made to him of the same property by the
original seller shall be chargeable with a duty equal to that which would be chargeable on a conveyance
for the consideration obtained by such original seller, or, where such duty would exceed five rupees, with
a duty of five rupees.
E.—Duty by whom payable
29. Duties by whom payable. —In the absence of an agreement to the contrary, the expense of
providing the proper stamp shall be borne —
(a) in the case of any instrument described in any of the following Articles of Schedule I, namely: —
No. 2. (Administration Bond),
1
[No. 6 (Agreement relating to Deposit of Title-deeds, Pawn or Pledge),]
No. 13 (Bill of exchange),
No. 15 (Bond),
No. 16 (Bottomry Bond),
No. 26 (Customs Bond),
No. 27 (Debenture),
No. 32 (Further charge),

1. Subs. by Act 15 of 1904, s. 5, for ―No. 6. (Agreement to Mortgage)‖.
16
No. 34 (Indemnity-Bond),
No. 40 (Mortgage-deed),
No. 49 (Promissory-note),
No. 55 (Release),
No. 56 (Respondentia Bond),
No. 57 (Security-bond or Mortgage-deed),
No. 58 (Settlement),
No. 62 (a). (Transfer of shares in an incorporated Company or other body corporate),
No. 62 (b). (Transfer of debentures, being marketable securities, whether the debenture is liable to
duty or not, except debentures provided for by section 8),
No. 62 (c). (Transfer of any interest secured by a bond, mortgage-deed or policy of insurance),
by the person drawing, making or executing such instrument:
1
[(b) in the case of a policy of insurance other than fire-insurance—by the person effecting the
insurance,
(bb) in the case of a policy of fire-insurance— by the person issuing the policy;]
(c) in the case of a conveyance (including are-conveyance of mortgaged property:) by the grantee: in
the case of a lease or agreement to lease—by the lessee or intended lessee:
(d) in the case of a counterpart of a lease—by the less or:
(e) in the case of an instrument of exchange—by the parties in equal shares,
(f) in the case of a certificate of sale—by the purchaser of the property to which such certificate
relates: and,
(g) in the case of an instrument of partition—by the parties thereto in proportion to their respective
shares in the whole property partitioned, or, when the partition is made in execution of an order passed by
a Revenue-authority or Civil Court or arbitrator, in such proportion as such authority, Court or arbitrator
directs.
30. Obligation to give receipt in certain cases. — Any person receiving any money exceeding
twenty rupees in amount, or any bill of exchange, cheque or promissory note for an amount exceeding
twenty rupees, or receiving in satisfaction or part satisfaction of a debt any moveable property exceeding
twenty rupees in value, shall, on demand by the person paying or delivering such money, bill, cheque,
note or property, give a duly stamped receipt for the same.
2
[Any person receiving or taking credit for any premium or consideration for any renewal of any
contract of fire-insurance, shall, within one month after receiving or taking credit for such premium or
consideration, give a duly stamped receipt for the same.]
CHAPTER III
ADJUDICATION AS TO STAMPS
31. Adjudication as to proper stamp. —(1) When any instrument, whether executed or not and
whether previously stamped or not, is brought to the Collector, and the person bringing it applies to have
the opinion of that officer as to the duty (if any) with which it is chargeable, and pays a fee of such
amount (not exceeding five rupees and not less than 3
[fifty naye paise]) as the Collector may in each case
direct, the Collector shall determine the duty (if any) with which, in his judgment, the instrument is
chargeable.

1. Subs. by Act 5 of 1906, s. 4, for clause (b).
2. Added by s. 5, ibid.
3. Subs. by Act 19 of 1958, s. 3, for ―eight annas‖ (w.e.f. 1-10-1958).
17
(2) For this purpose the Collector may require to be furnished with an abstract of the instrument, and
also with such affidavit or other evidence as he may deem necessary to prove that all the facts and
circumstances affecting the chargeability of the instrument with duty, or the amount of the duty with
which it is chargeable, are fully and truly set forth therein, and may refuse to proceed upon any such
application until such abstract and evidence have been furnished accordingly:
Provided that—
(a) no evidence furnished in pursuance of this section shall be used against any person in any
civil proceeding, except in an inquiry as to the duty with which the instrument to which it relates is
chargeable; and
(b) every person by whom any such evidence is furnished, shall, on payment of the full duty with
which the instrument to which it relates, is chargeable, be relieved from any penalty which he may
have incurred under this Act by reason of the omission to state truly in such instrument any of the
facts or circumstances aforesaid.
32. Certificate by Collector. — (1) When an instrument brought to the Collector under section 31 is,
in his opinion, one of a description chargeable with duty, and
(a) the Collector determines that it is already fully stamped, or
(b) the duty determined by the Collector under section 31, or such a sum as, with the duty already
paid in respect of the instrument, is equal to the duty so determined, has been paid,
the Collector shall certify by endorsement on such instrument that the full duty (stating the amount) with
which it is chargeable has been paid.
(2) When such instrument is, in his opinion, not chargeable with duty, the Collector shall certify in
manner aforesaid that such instrument is not so chargeable.
(3) Any instrument upon which an endorsement has been made under this section, shall be deemed to
be duly stamped or not chargeable with duty, as the case may be; and, if chargeable with duty, shall be
receivable in evidence or otherwise, and may be acted upon and registered as if it had been originally duly
stamped:
Provided that nothing in this section shall authorize the Collector to endorse—
(a) any instrument executed or first executed in 1
[India] and brought to him after the expiration of
one month from the date of its execution or first execution, as the case may be;
(b) any instrument executed or first executed out of 1
[India] and brought to him after the
expiration of three months after it has been first received in 1
[India]; or
(c) any instrument chargeable 2
[with a duty not exceeding ten naye paise], or any bill of exchange
or promissory note, when brought to him, after the drawing or execution thereof, on paper not duly
stamped.
CHAPTER IV
INSTRUMENTS NOT DULY STAMPED
33. Examination and impounding of instruments. — (1) Every person having by law or consent of
parties authority to receive evidence, and every person in charge of a pubic office, except an officer of
police, before whom any instrument, chargeable, in his opinion, with duty, is produced or comes in the
performance of his functions, shall, if it appears to him that such instrument is not duly stamped, impound
the same.

1. Subs. by Act 43 of 1955 s. 2 for ―that States‖ (w.e.f. 1-4-1956).
2. Subs. by Act 19 of 1958, s. 4 for ―with the Duty of one anna or half an anna‖ (w.e.f. 1-10-1958).
18
(2) For that purpose every such person shall examine every instrument so chargeable and so produced
or coming before him, in order to ascertain whether it is stamped with a stamp of the value and
description required by the law in force in 1
[India] when such instrument was executed or first executed:
Provided that—
(a) nothing herein contained shall be deemed to require any Magistrate of Judge of a Criminal
Court to examine or impound, if he does not think fit so to do, any instrument coming before him in
the course of any proceeding other than a proceeding under Chapter XII or Chapter XXXVI of the
Code of Criminal Procedure, 1898 (V of 1989);
(b) in the case of a Judge of a High Court, the duty of examining and impounding any instrument
under this section may be delegated to such officer as the Court appoints in this behalf.
(3) For the purposes of this section, in cases of doubt, —
(a)
2
[the 3
[State Government]] may determine what offices shall be deemed to be public offices;
and
(b)
4
[the 3
[State Government]] may determine who shall be deemed to be persons in charge of
public offices.
34. Special provision as to unstamped receipts. —Where any receipt chargeable 5
[With a duty not
exceeding ten naye paise] is tendered to or produced before any officer unstamped in the course of the
audit of any public account, such officer may in his discretion, instead of impounding the instrument,
require a duly stamped receipt to be substituted therefore.
35. Instruments not duly stamped inadmissible in evidence, etc. — No instrument chargeable
with duty shall be admitted in evidence for any purpose by any person having by law or consent of parties
authority to receive evidence, or shall be acted upon, registered or authenticated by any such person or by
any public officer, unless such instrument is duly stamped :
Provided that—
(a) any such instrument 6
[shall] be admitted in evidence on payment of the duty with which the
same is chargeable, or, in the case of any instrument insufficiently stamped, of the amount required to
make up such duty, together with a penalty of five rupees, or, when ten times the amount of the
proper duty or deficient portion thereof exceeds five rupees, of a sum equal to ten times such duty or
portion;
(b) where any person from whom a stamped receipt could have been demanded, has given an
unstamped receipt and such receipt, if stamped, would be admissible in evidence against him, then
such receipt shall be admitted in evidence against him on payment of a penalty of one rupee by the
person tendering it;
(c) Where a contract or agreement of any kind is effected by correspondence consisting of two or
more letters and any one of the letters bears the proper stamp, the contract or agreement shall be
deemed to be duly stamped;
(d) nothing herein contained shall prevent the admission of any instrument in evidence in
proceeding in a Criminal Court, other than a proceeding under Chapter XII or Chapter XXXVI of the
Code of Criminal Procedure 1898 (V of 1898);
(e) nothing herein contained shall prevent the admission of any instrument in any Court when
such instrument has been executed by or on behalf of the Government, or where it bears the
certificate of the Collector as provided by section 32 or any other provision of this Act.

1. Subs. by Act 43 of 1955, s. 2, for ―the States‖ (w.e.f. 1-4-1956).
2. Subs. by the A.O. 1937, for ―the G.G. in C.‖.
3. Subs. by the A.O. 1950, for ―collecting Government‖.
4. Subs. by the A.O. 1937, for ―the L.G.‖.
5. Subs. by Act 19 of 1958, s. 5, for ―with a duty of one anna‖ (w.e.f. 1-10-1958).
6. Subs. by Act 21 of 2006, s. 69, for ―not being an instrument chargeable with a duty not exceeding ten naye paise
only, or a bill of exchange or promissory note, shall, subject to all just exceptions,‖
19
36. Admission of instrument where not to be questioned. —Where an instrument has been
admitted in evidence, such admission shall not, except as provided in section 61, be called in question at
any stage of the same suit or proceeding on the ground that the instrument has not been duly stamped.
37. Admission of improperly stamped instruments. — 1
[The 2
[State Government]] may make rules
providing that, where an instrument bears a stamp of sufficient amount but of improper description, it
may, on payment of the duty with which the same is chargeable, be certified to be duly stamped, and any
instrument so certified shall then be deemed to have been duly stamped as from the date of its execution.
38. Instruments impounded how dealt with. — (1) When the person impounding an instrument
under section 33 has by law or consent of parties authority to receive evidence and admits such
instrument in evidence upon payment of a penalty as provided by section 35 or of duty as provided by
section 37, he shall send to the Collector an authenticated copy of such instrument, together with a
certificate in writing, stating the amount of duty and penalty levied in respect thereof, and shall send such
amount to the Collector, or to such person as he may appoint in this behalf.
(2) In every other case, the person so impounding an instrument shall send it in original to the
Collector.
39. Collector’s power to refund penalty paid under section 38, sub-section (1). — (1) When a
copy of an instrument is sent to the Collector under section 38, sub-section (1), he may, if he thinks fit,
3
*** refund any portion of the penalty in excess of five rupees which has been paid in respect of such
instrument.
(2) When such instrument has been impounded only because it has been written in contravention of
section 13 or section 14, the Collector may refund the whole penalty so paid.
40. Collectors power to stamp instruments impounded. — (1) When the Collector impounds any
instrument under section 33, or receives any instrument sent to him under section 38, sub-section (2), not
being an instrument chargeable 4
[with a duty not exceeding ten naye paise] only or a bill of exchange or
promissory note, he shall adopt the following procedure: —
(a) if he is of opinion that such instrument is duly stampeded or is not chargeable with duty, he
shall certify by endorsement thereon that it is duly stamped, or that it is not so chargeable, as the case
may be;
(b) if he is of opinion that such instrument is chargeable with duty and is not duly stamped, he
shall require the payment of the proper duty or the amount required to make up the same, together
with a penalty of five rupees; or, if he thinks fit, 5
[an amount not exceeding] ten times the amount of
the proper duty or of the deficient portion thereof, whether such amount exceeds or falls short of five
rupees:
Provided that, when such instrument has been impounded only because it has been written in
contravention of section 13 or section 14, the Collector may, if he thinks fit, remit the whole penalty
prescribed by this section.
(2) Every certificate under clause (a) of sub-section (1) shall, for the purposes of this Act, be
conclusive evidence of the matters stated therein.
(3) Where an instrument has been sent to the Collector under section 38, sub-section (2), the Collector
shall, when he has dealt with it as provided by this section, return it to the impounding officer.

1. Subs. by the A.O. 1937, for ―the G.G. in C.‖.
2. Subs. by the A. O. 1950, for ―collecting Government‖.
3. The words ―upon application made to him in this behalf or, if no application is made, with the consent of the chief
Controlling Revenue-authority‖ omitted by Act 4 of 1914, s. 2 and the Sch. Pt I.
4. Subs. by Act 19 of 1958, s. 6, for ―with a duty of one anna or half an anna‖ (w.e.f. 1-10-1958).
5. Ins. by Act 15 of 1904, s. 6.
20
41. Instruments unduly stamped by accident. — If any instrument chargeable with duty and not
duly stamped, not being an instrument chargeable 1
[with a duty not exceeding ten naye paise] only or a
bill of exchange or promissory note, is produced by any person of his own motion before the Collector
within one year from the date of its execution or first execution, and such person brings to the notice of
the Collector the fact that such instrument is not duly stamped and offers to pay to the Collector the
amount of the proper duty, or the amount required to make up the same, and the Collector is satisfied that
the omission to duly stamp such instrument has been occasioned by accident, mistake or urgent necessity,
he may, instead of proceeding under sections 33 and 40, receive such amount and proceed as next herein
after prescribed.
42. Endorsement of instruments on which duty has been paid under sections 35, 40 or 41— (1)
When the duty and penalty (if any), leviable in respect of any instrument have been paid under section 35,
section 40 or section 41, the person admitting such instrument in evidence or the Collector, as the case
may be, shall certify by endorsement thereon that the proper duty or, as the case may be, the proper duty
and penalty (stating the amount of each) have been levied in respect thereof, and the name and residence
of the person paying them.
(2) Every instrument so endorsed shall thereupon be admissible in evidence, and may be registered
and acted upon and authenticated as if it had been duly stamped, and shall be delivered on his application
in this behalf to the person from whose possession it came into the hands of the officer impounding it, or
as such person may direct:
Provided that—
(a) no instrument which has been admitted in evidence upon payment of duty and a penalty under
section 35, shall be so delivered before the expiration of one month from the date of such
impounding, or if the Collector has certified that its further detention is necessary and has not
cancelled such certificate;
(b) nothing in this section shall affect 2
the Code of Civil Procedure (XIV of 1882), section 144,
clause 3.
43. Prosecution for offence against Stamp-law. — The taking of proceedings or the payment of a
penalty under this Chapter in respect of any instrument shall not bar the prosecution of any person who
appears to have committed an offence against the Stamp-law in respect of such instrument:
Provided that no such prosecution shall be instituted in the case of any instrument in respect of which
such a penalty has been paid, unless it appears to the Collector that the offence was committed with an
intention of evading payment of the proper duty.
44. Persons paying duty or penalty may recover same in certain cases. —(1) When any duty or
penalty has been paid under section 35, section 37, section 40 or section 41, by any person in respect of
an instrument, and, by agreement or under the provisions of section 29 or any other enactment in force at
the time such instrument was executed, some other person was bound to bear the expense of providing the
proper stamp for such instrument, the first-mentioned person shall be entitled to recover from such other
person the amount of the duty or penalty so paid.
(2) For the purpose of such recovery any certificate granted in respect of such instrument under this
Act shall be conclusive evidence of the matters therein certified.
(3) Such amount may, if the Court thinks fit, be included in any order as to costs in any suit or
proceeding to which such persons are parties and in which such instrument has been tendered in evidence.
If the Court does not include the amount in such order, no further proceedings for the recovery of the
amount shall be maintainable.

1. Subs. by Act 19 of 1958, s. 6 for ―with a duty of one anna or half an anna‖ (w.e.f. 1-10-1958).
2. See now the Code of Civil Procedure, 1908 (5 of 1908), Sch. I, Order XIII, Rule 9.
21
45. Power to Revenue-authority to refund penalty or excess duty in certain cases. — (1) Where
any penalty is paid under section 35 or section 40, the Chief Controlling Revenue-authority may, upon
application in writing made within one year from the date of the payment, refund such penalty wholly or
in part.
(2) Where, in the opinion of the Chief Controlling Revenue-authority, stamp-duty in excess of that
which is legally chargeable has been charged and paid under section 35 or section 40, such authority may,
upon application in writing made within three months of the order charging the same, refund the excess.
46. Non-liability for loss of instruments sent under section 38. — (1) If any instrument sent to the
Collector under section 38, sub-section (2), is lost, destroyed or damaged during transmission, the person
sending the same shall not be liable for such loss, destruction or damage.
(2) When any instrument is about to be so sent, the person from whose possession it came into the
hands of the person impounding the same, may require a copy thereof to be made at the expense of such
first-mentioned person and authenticated by the person impounding such instrument.
47. Power of payer to stamp bills, and promissory notes received by him unstamped. — When
any bill of exchange 1
[or promissory note] chargeable 2
[with a duty not exceeding ten naye paise] is
presented for payment unstamped, the person to whom it is so presented, may affix thereto the necessary
adhesive stamp, and, upon cancelling the same in manner hereinbefore provided, may pay the sum
payable upon such bill 3
[or note], and may charge the duty against the person who ought to have paid the
same, or deduct it from the sum payable as aforesaid, and such bill 3
[or note], shall, so far as respects the
duty, be deemed good and valid :
Provided that nothing herein contained shall relieve any person from any penalty or proceeding to
which he may be liable in relation to such bill,
3
[or note].
48. Recovery of duties and penalties. — All duties, penalties and other sums required to be paid
under this Chapter may be recovered by the Collector by distress and sale of the movable property of the
person from whom the same are due, or by any other process for the time being in force for the recovery
of arrears of land-revenue.
CHAPTER V
ALLOWANCES FOR STAMPS IN CERTAIN CASES
49. Allowance for spoiled stamps. — Subject to such rules as may be made by 4
[the 5
[State
Government]] as to the evidence to be required, or the enquiry to be made, the Collector may, on
application made within the period prescribed in section 50, and if he is satisfied as to the facts, make
allowance for impressed stamps spoiled in the cases herein after mentioned, namely: —
(a) the stamp on any paper inadvertently and undesignedly spoiled, obliterated or by error in
writing or any other means rendered unfit for the purpose intended before any instrument written
thereon is executed by any person:
(b) the stamp on any document which is written out wholly or in part, but which is not signed or
executed by any party thereto:
(c) in the case of bills of exchange 6
[payable otherwise than on demand] 7
*** or promissory
notes—

1. Subs. by Act 5 of 1927, s. 5, for ―promissory note or cheque‖.
2. Subs. by Act 19 of 1958, s. 7, for ―with the duty of one anna‖ (w.e.f. 1-10-1958).
3. Subs. by Act 5 of 1927, s. 5, for ―note or cheque‖.
4. Subs. by the A.O. 1937, for ―the L.G.‖.
5. Subs. by the A.O. 1950, for ―collecting Government‖.
6. Ins. by Act 5 of 1927, s. 5.
7. The word ―Cheques‖ omitted by s. 5, ibid.
22
(1) the stamp on 1
[any such bill of exchange] 2
***signed by or on behalf of the drawer which has
not been accepted or made use of in any manner whatever or delivered out of his hands for any
purpose other than by way of tender for acceptance:provided that the paper on which any such stamp
is impressed, does not bear any signature intended as or for the acceptance of any bill of
exchange 2
*** to be afterwards written thereon:
(2) the stamp on any promissory note signed by or on behalf of the maker which has not been
made use of in any manner whatever or delivered out of his hands:
(3) the stamp used or intended to be used for 1
[any such bill of exchange] 3
*** or promissory note
note signed by, or on behalf of, the drawer thereof, but which from any omission or error has been
spoiled or rendered useless, although the same, being a bill of exchange 2
*** may have been
presented for acceptance or accepted or endorsed, or, being a promissory note, may have been
delivered to the payee: provided that another completed and duly stamped bill of exchange 3
***or
promissory note is produced identical in every particular, except in the correction of such omission or
error as aforesaid, with the spoiled bill,
3
*** or note;
(d) the stamp used for an instrument executed by any party thereto which—
(1) has been afterwards found to be absolutely void in law from the beginning:
(2) has been afterwards found unfit, by reason of any error or mistake therein, for the purpose
originally intended:
(3) by reason of the death of any person by whom it is necessary that it should be executed,
without having executed the same, or of the refusal of any such person to execute the same, cannot be
completed so as to effect the intended transaction in the form proposed:
(4) for want of the execution thereof by some material party, and his inability or refusal to sign
the same, is in fact incomplete and insufficient for the purpose for which it was intended:
(5) by reason of the refusal of any person to act under the same, or to advance any money
intended to be thereby secured, or by the refusal or non-acceptance of any office thereby granted,
totally fails of the intended purpose:
(6) becomes useless in consequence of the transaction intended to be thereby effected being
effected by some other instrument between the same parties and bearing a stamp of not less value:
(7) is deficient in value and the transaction intended to be thereby effected has been effected by
some other instrument between the same parties and bearing a stamp of not less value:
(8) is inadvertently and undesignedly spoiled, and in lieu whereof another instrument made
between the same parties and for the same purpose is executed and duly stamped:
Provided that, in the case of an executed instrument, no legal proceeding has been commenced in
which the instrument could or would have been given or offered in evidence and that the instrument is
given up to be cancelled.

1. Subs. by Act 5 of 1927, s. 5, for ―any bill of exchange‖.
2. The words ―or cheque‖ omitted by s. 5, ibid.
3. The word ―cheque‖ omitted by s. 5, ibid.
23
Explanation.—The certificate of the Collector under section 32 that the full duty with which an
instrument is chargeable, has been paid is an impressed stamp within the meaning of this section.
50. Application for relief under section 49 when to be made.—The application for relief under
section 49 shall be made within the following periods, that is to say, —
(1) in the cases mentioned in clause (d) (5), within two months of the date of the instrument:
(2) in the case of a stamped paper on which no instrument has been executed by any of the parties
thereto, within six months after the stamp has been spoiled:
(3) in the case of a stamped paper in which an instrument has been executed by any of the parties
thereto, within six months after the date of the instrument, or, if it is not dated, within six months after
the execution thereof by the person by whom it was first or alone executed:
Provided that, —
(a) when the spoiled instrument has been for sufficient reasons sent out of 1
[India], the
application may be made within six months after it has been received back in 1
[India] ;
(b) when, from unavoidable circumstances, any instrument for which another instrument has been
substituted, cannot be given up to be cancelled within the aforesaid period, the application may be
made within six months after the date of execution of the substituted instrument.
51. Allowance in case of printed forms no longer required by Corporations. —The Chief
Controlling Revenue-authority 2
[or the Collector if empowered by the Chief Controlling Revenueauthority
in this behalf] may, without limit of time, make allowance for stamped papers used for printed
forms of instruments 3
[by any banker or] by any incorporated company or other body corporate, if for any
sufficient reason such forms have ceased to be required by the said 3
[banker], company or body corporate:
provided that such authority is satisfied that the duty in respect of such stamped papers has been duly
paid.
52. Allowance for misused stamps. —(a) When any person has inadvertently used for an instrument
chargeable with duty, a stamp of a description other than that prescribed for such instrument by the rules
made under this Act, or a stamp of greater value than was necessary, or has inadvertently used any stamp
for an instrument not chargeable with any duty; or
(b) when any stamp used for an instrument has been inadvertently rendered useless under section 15,
owing to such instrument having been written in contravention of the provisions of section 13;
the Collector may, on application made within six months after the date of the instrument, or, if it is
not dated, within six months after the execution thereof by the person by whom it was first or alone
executed, and upon the instrument, if chargeable with duty, being re-stamped with the proper duty, cancel
and allow as spoiled the stamp so misused or rendered useless.
53. Allowance for spoiled or misused stamps how to be made. — In any case in which allowance
is made for spoiled or misused stamps, the Collector may give in lieu thereof —
(a) other stamps of the same description and value; or,

1. Subs. by Act 43 of 1955, s. 2, for ―the States‖ (w.e.f. 1-4-1956).
2. Ins. by Act 4 of 1914, s. 2 and Sch. pt. 1.
3. Ins. by Act 5 of 1906, s. 6.
24
(b) if required and he thinks fit, stamps of any other description to the same amount in value; or,
(c) at his discretion, the same value in money, deducting 1
[ten naye paise] for each rupee or
fraction of a rupee.
54. Allowance for stamps not required for use. — When any person is possessed of a stamp or
stamps which have not been spoiled or rendered unfit or useless for the purpose intended, but for which
he has no immediate use, the Collector shall repay to such person the value of such stamp or stamps in
money, deducting 1
[ten naye paise] for each rupee or portion of a rupee, upon such person delivering up
the same to be cancelled, and proving to the Collector’s satisfaction—
(a) that such stamp or stamps were purchased by such person with a bona fide intention to use
them; and
(b) that he has paid the full price thereof; and
(c) that they were so purchased within the period of six months next preceding the date on which
they were so delivered:
Provided that, where the person is a licensed vendor of stamps, the Collector may, if he thinks fit,
make the repayment of the sum actually paid by the vendor without any such deduction as aforesaid.
2
[54A. Allowances for stamps in denominations of annas. — Notwithstanding anything contained
in section 54, when any person is possessed of a stamp or stamps in any denominations, other than in
denominations of annas four of multiples thereof and such stamp or stamps has or have not been spoiled,
the Collector shall repay to such person the value of such stamp or stamps in money calculated in
accordance with the provisions of sub-section (2) of section 14 of the Indian Coinage
Act, 1906, (3 of 1906) upon such person delivering up, within six months from the commencement of the
Indian Stamp (Amendment) Act,1958 (19 of 1958), such stamp or stamps to the Collector.]
3
[54B. Allowances for Refugee Relief Stamps. — Notwithstanding anything contained in
section 54, when any person is possessed of stamps bearing the inscription ―Refugee Relief‖ (being
stamps issued in pursuance of section 3A before its omission) and such stamps have not been spoiled, the
Collector shall, upon such person delivering up, within six-month, from the commencement of the
Refugee Relief Taxes (Abolition) Act, 1973 (13 of 1973), such stamps to the Collector, refund to such
person the value of such stamps in money or give in lieu thereof other stamps of the same value:
Provided that the State Government may, with a view to facilitating expeditious disposal of claims for
such refunds, specify, in such manner as it deems fit, any other procedure which may also be followed for
claiming such refunds.]
55. Allowance on renewal of certain debentures. — When any duly stamped debenture is renewed
by the issue of a new debenture in the same terms, the Collector shall, upon application made within one
month, repay to the person issuing such debenture, the value of the stamp on the original or on the new
debenture, whichever shall be less:
Provided that the original debenture is produced before the Collector and cancelled by him in such
manner as 4
[the State Government] may direct.
Explanation. — A debenture shall be deemed to be renewed in the same terms within the meaning of
this section notwithstanding the following changes:—
(a) the issue of two or more debentures in place of one original debenture, the total amount
secured being the same;

1. Subs. by Act 19 of 1958, s. 8, for ―one anna‖ (w.e.f. 1-10-1958)
2. Ins. by s. 9, ibid. (w.e.f. 1-10-1958).
3. Ins. by Act 13 of 1973, s. 2 (w.e.f. 1-4-1973).
4. Subs. by the A. O. 1937, for ―the G.G. in C.‖.
25
(b) the issue of one debenture in place of two or more original debentures, the total amount
secured being the same;
(c) the substitution of the name of the holder at the time of renewal for the name of the original
holder; and
(d) the alteration of the rate of interest or the dates of payment thereof.
CHAPTER VI
REFERENCE AND REVISION
56. Control of, and statement of case to, Chief Controlling Revenue-authority. — (1) The
powers exercisable by a Collector under Chapter IV and Chapter V 1
[and under clause (a) of the first
proviso to section 26] shall in all cases be subject to the control of the Chief Controlling Revenueauthority.
(2) If any Collector, acting under section 31, section 40 or section 41, feels doubt as to the amount of
duty with which any instrument is chargeable, he may draw up a statement of the case, and refer it, with
his own opinion thereon, for the decision of the Chief Controlling Revenue-authority.
(3) Such authority shall consider the case and send a copy of its decision to the Collector, who shall
proceed to asses and charge the duty (if any) in conformity with such decision.
57. Statement of case by Chief Controlling Revenue-authority to High Court. — (1) The Chief
Controlling Revenue-authority may state any case referred to it under section 56, sub-section (2), or
otherwise coming to its notice, and refer such case, with its own opinion thereon, —
2
[(a) if it arises in a State, to the High Court for that State;
3
[(b) if it arises in the Union territory of Delhi, to the High Court of Delhi;]
4
* * * * *
5
[(c) if it arises in the Union territory of Arunachal Pradesh or Mizoram, to the Gauhati High
Court (the High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura;)]
(d) if it arises in the Union territory of the Andaman and Nicobar Islands, to the High Court at
Calcutta ;
(e) if it arises in the Union territory of the 6
[Lakshadweep], to the High Court of Kerala;]
7
[(ee) if it arises in the Union territory of Chandigarh, to the High Court of Punjab and Haryana;]
8
[(f) if it arises in the Union territory of Dadra and Nagar Haveli, to the High Court of Bombay.]

1. Ins. by Act 15 of 1904, s. 7.
2. Subs. by the A.O. (No. 2) 1956, for clauses (a) to (g).
3. Subs. by the Punjab Reorganisation and Delhi High Court (Adaptation of Laws on Union Subjects) Order, 1968,
s. 3 and Sch. for clause (b) (w.e.f. 1-11-1966).
4. Clause (bb) ins. by s. 3 and Sch. ibid. And omitted by the state of Himachal Pradesh (Adaptation of Law on
Union Subjects) Order, 1973, s. 3 and Sch. (w.e.f. 25-1-1971).
5. Subs. by the North-Eastern Areas (Reorganisation) (Adaptation of Laws on union Subjects) Order 1974, s. 3 and
Sch. for clause (c) (w.e.f. 21-1-1972).
6. Subs. by the Laccadive, Minicoy and Amindivi Islands (Alteration of Name) Adaptation of Laws Order, 1974, s.
3 and Sch. for ―the Laccadive, Minicoy and Amindivi Islands‖ (w.e.f. 1-11-1973).
7. Ins. by the Punjab Reorganisation and Delhi High Court (Adaptation of Laws on Union Subjects) Order, 1968,
s. 3 and Sch. (w.e.f. 1-11-1966).
8. Ins. by Reg. 6 of 1963, s. 2 and the First Sch.
26
(2) Every such case shall be decided by not less than three Judges of the High Court 1
*** to which it
is referred, and in case of difference the opinion of the majority shall prevail.
58. Power of High Court to call for further particulars as to case stated. — If the High Court
2
*** is not satisfied that the statements contained in the case are sufficient to enable it to determine the
questions raised thereby, the Court may refer the case back to the Revenue-authority by which it was
stated, to make such additions thereto or alterations therein as the Court may direct in that behalf.
59. Procedure in disposing of case stated. — (1) The High Court, 2
*** upon the hearing of any such
case, shall decide the questions raised thereby, and shall deliver its judgment thereon containing the
grounds on which such decision is founded.
(2) The Court shall send to the Revenue-authority by which the case was stated, a copy of such
judgment under the seal of the Court and the signature of the Registrar; and the Revenue-authority shall,
on receiving such copy, dispose of the case conformably to such judgment.
60. Statement of case by other Courts to High Court. — (1) If any Court, other than a Court
mentioned in section 57, feels doubt as to the amount of duty to be paid in respect of any instrument
under proviso (a) to section 35, the Judge may draw up a statement of the case and refer it, with his own
opinion thereon, for the decision of the High Court 2
*** to which, if he were the Chief Controlling
Revenue-authority, he would, under section 57, refer the same.
(2) Such Court shall deal with the case as if it had been referred under section 57, and send a copy of
its judgment under the seal of the Court and the signature of the Registrar to the Chief Controlling
Revenue-authority and another like copy to the Judge making the reference, who shall, on receiving such
copy, dispose of the case conformably to such judgment.
(3) Reference made under sub-section (1), when made by a Court subordinate to a District Court,
shall be made through the District Court, and, when made by any subordinate Revenue Court, shall be
made through the Court immediately superior.
61. Revision of certain decisions of Courts regarding the sufficiency of stamps. —(1) When any
Court in the exercise of its civil or revenue jurisdiction or any Criminal Court in any proceeding under
Chapter XII or Chapter XXXVI of the Code of Criminal Procedure, 1898 (V of 1898), makes any order
admitting any instrument in evidence as duly stamped or as not requiring a stamp, or upon payment of
duty and a penalty under section 35, the Court to which appeals lie form, or references are made by, such
first-mentioned Court may, of its own motion or on the application of the Collector, take such order into
consideration.
(2) If such Court, after such consideration, is of opinion that such instrument should not have been
admitted in evidence without the payment of duty and penalty under section 35, or without the payment
of a higher duty and penalty than those paid, it may record a declaration to that effect, and determine the
amount of duty with which such instrument is chargeable, and may require any person in whose
possession or power such instrument then is, to produce the same, and may impound the same when
produced.
(3) When any declaration has been recorded under sub-section (2), the Court recording the same shall
send a copy thereof to the Collector, and, where the instrument to which it relates has been impounded or
is otherwise in the possession of such Court, shall also send him such instrument.
(4) The Collector may thereupon, notwithstanding anything contained in the order admitting such
instrument in evidence, or in any certificate granted under section 42, or in section 43, prosecute any
person for any offence against the Stamp-law which the Collector considers him to have committed in
respect of such instrument:

1. The words ―Chief Court or Judicial Commissioner’s Court‖ omitted by the A.O. 1950.
2. The words ―Chief Court or Judicial Commissioner’s Court‖ omitted by the A.O. 1948.
27
Provided that. ––
(a) no such prosecution shall be instituted where the amount (including duty and penalty) which,
according to the determination of such Court, was payable in respect of the instrument under
section 35, is paid to the Collector, unless he thinks that the offence was committed with an intention
of evading payment of the proper duty;
(b) except for the purposes of such prosecution, no declaration made under this section shall
affect the validity of any order admitting any instrument in evidence, or of any certificate granted
under section 42.
CHAPTER VII
CRIMINAL OFFENCES AND PROCEDURE
62. Penalty for executing, etc., instrument not duly stamped. ––(1) Any person ––
(a) drawing, making, issuing, endorsing or transferring, or signing otherwise than as a witness, or
presenting for acceptance or payment, or accepting, paying or receiving payment of, or in any manner
negotiating, any bill of exchange 1
[payable otherwise than on demand] 2
*** or promissory note
without the same being duly stamped ; or
(b) executing or signing otherwise than as a witness any other instrument chargeable with duty
without the same being duly stamped; or
(c) voting or attempting to vote under nay proxy not duly stamped;
shall for every such offence be punishable with fine which may extend to five hundred rupees:
Provided that, when any penalty has been paid in respect of any instrument under section 35, section
40 or section 61, the amount of such penalty shall be allowed in reduction of the fine, (if any)
subsequently imposed under this section in respect of the same instrument upon the person who paid such
penalty.
(2) If a share-warrant is issued without being duly stamped, the company issuing the same, and also
every person who, at the time when it is issued, is the managing director or secretary or other principal
officer of the company, shall be punishable with fine which may extend to five hundred rupees.
63. Penalty for failure to cancel adhesive stamp. –– Any person required by section 12 to cancel an
adhesive stamp, and failing to cancel such stamp in manner prescribed by that section, shall, be
publishable with fine which may extend to one hundred rupees.
64. Penalty for omission to comply with provisions of section 27. –– Any person who, with intent
to defraud the Government, ––
(a) executes any instrument in which all the facts and circumstances required by section 27 to be
set forth in such instrument are not fully and truly set forth; or
(b) being employed or concerned in or about the preparation of any instrument, neglects or omits
fully and truly to set forth therein all such facts and circumstances; or
(c) does any other act calculated to deprive the Government of any duty or penalty under this Act;
shall be punishable with fine which may extend to five thousand rupees.
65. Penalty for refusal to give receipt, and for devices to evade duty on receipts. –– Any person
who,––
(a) being required under section 30 to give a receipt, refuses or neglects to give the same; or,

1. Ins by Act 5 of 1927, s. 5.
2. The word ―cheque‖ omitted by s. 5, ibid.
28
(b) with intent to defraud the Government of any duty, upon a payment of money or delivery of
property exceeding twenty rupees in amount or value, gives a receipt for an amount or value not
exceeding twenty rupees, or separates or divides the money or property paid or delivered;
shall be punishable with fine which may extend to one hundred rupees.
66. Penalty for not making out policy or making one not duly stamped. ––Any person who––
(a) receives, or takes credit for, any premium or consideration for any contract of insurance and
does not, within one month after receiving, or taking credit for, such premium or consideration, make
out and execute a duly stamped policy of such insurance; or
(b) makes, executes or delivers out any policy which is not duly stamped, or pays or allows in
account, or agrees to pay or allow in account, any money upon, or in respect of, any such policy;
shall be punishable with fine which may extend to two hundred rupees.
67. Penalty for not drawing full number of bills or marine policies purporting to be in sets. ––
Any person drawing or executing a bill of exchange 1
[payable otherwise than on demand] or a policy of
marine insurance purporting to be drawn or executed in a set of two or more, and not at the same time
drawing or executing on paper duly stamped the whole number of bills or policies of which such bill or
policy purports the set to consist, shall be punishable with fine which may extend to one thousand rupees.
68. Penalty for post-dating bills, and for other devices to defraud the revenue. ––Any person
who, ––
(a) with intent to defraud the Government of duty, draws, makes or issues any bill of exchange or
promissory note bearing a date subsequent to that on which such bill or note is actually drawn or
made; or,
(b) knowing that such bill or note has been so post-dated, endorses, transfers, presents for
acceptance or payment, or accepts, pays or receives payment of, such bill or note, or in any manner
negotiate the same; or,
(c) with the like intent, practices or is concerned in any act, contrivance or device not specially
provided for by this Act or any other law for the time being in force;
shall be punishable with fine which may extend to one thousand rupees.
69. Penalty for breach of rule relating to sale of stamps and for unauthorised sale. ––(a) Any
person appointed to sell stamps who disobeys any rule made under section 74; and
(b) any person not so appointed who sells or offers for sale any stamp (other than a 2
[ten naye paise
for five naye paise] adhesive stamp);
shall be punishable with imprisonment for a term which may extend to six months, or with fine which
may extend to five hundred rupees, or with both.
70. Institution and conduct of prosecutions.–– (1) No prosecution in respect of any offence
punishable under this Act or any Act hereby repealed, shall be instituted without the sanction of the
Collector or such other officer as 3
[the 4
[State Government]] generally, or the Collector specially,
authorizes in that behalf.
(2) The Chief Controlling Revenue-authority, or any officer generally or specially authorized by it in
this behalf, may stay any such prosecution or compound any such offence.
(3) The amount of any such composition shall be recoverable in the manner provided by section 48.

1. Ins. by Act, 5 of 1927, s. 5.
2. Subs. by Act 19 of 1958, s. 10, for ―one anna or half an anna‖ (w.e.f. 1-10-1958).
3. Subs. by the A.O. 1937, for ― the L.G.‖.
4. Subs. by the A.O. 1950, for ―collecting Government.‖
29
71. Jurisdiction of Magistrate. ––No Magistrate other than a Presidency Magistrate or a Magistrate
whose powers are not less than those of a Magistrate of the second class, shall try any offence under this
Act.
72. Place of trial. –– Every such offence committed in respect of any instrument may be tried in any
district or presidency-town in which such instrument is found, as well as in any district or presidencytown
in which such offence might be tried under the Code of Criminal Procedure for the time being in
force.
CHAPTER VIII
SUPPLEMENTAL PROVISIONS
73. Books, etc., to be open to inspection. –– Every public officer having in his custody any registers,
books, records, papers, documents or proceedings, the inspection whereof may tend to secure any duty, or
to prove or lead to the discovery of any fraud or omission in relation to any duty, shall at all reasonable
times permit any person authorized in writing by the Collector to inspect for such purpose the registers,
books, papers, documents and proceedings, and to take such notes and extracts as he may deem
necessary, without fee or charge.
74. Powers to make rules relating to sale of stamps. –– The 1
[State Government] 2
*** may make
rules for regulating––
(a) the supply and sale of stamps an stamped papers,
(b) the persons by whom alone such sale is to be conducted, and
(c) the duties and remuneration of such persons:
Provided that such rules shall not restrict the sale of 3
[ten naye paise or five naya paise] adhesive
stamps.
75. Power to make rules generally to carry out Act. ––The 1
[State Government] may make rules to
carry out generally the purposes of this Act, and may by such rules prescribe the fines, which shall in no
case exceed five hundred rupees, to be incurred on breach thereof.
76. Publication of rules. ––
4
[(1) All rules made under this Act shall be published in the Official
Gazette.]
(2) All rules published as required by this section shall, upon such publication, have effect as if
enacted by this Act.
5
[(3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it
is made, before the State Legislature.‖.]
6
[76A. Delegation of certain powers . ––
7
[
8
*** The State Government may, by notification in the
Official Gazette], delegate––
(a) all or any of the powers conferred on it by sections 2(9), 33(3), (b), 70(1), 74 and 78 to the
Chief Controlling Revenue-authority; and

1. Subs. by the A.O. 1950, for ―collecting Government‖.
2. The words ―Subject to the Control of the G.G. in C‖ omitted by the A.O.1937.
3. Subs. by Act 19 of 1958 s. 10, for ―one anna or half an anna‖ (w.e.f. 1-10-1958).
4. Subs. by the A.O. 1937, for sub-section (1).
5. Ins. by Act 4 of 2005, s. 2 and the Sch.
6. Ins. by Act 4 of 1914, s. 2 and the Sch. Pt. I.
7. Subs. by the A.O. 1937, for ―The Local Government May, by notification in the Local Official Gazette‖.
8. The words, figures and brackets ―The Central Government Subject to the provision of section 124(1) of the
Government of India Act, 1935, and‖ omitted by the A.O. 1950.
30
(b) all or any of the powers conferred on the Chief Controlling Revenue-authority by sections 45
(1), (2), 56 (1) and 70 (2) to such subordinate Revenue-authority as may be specified in the
notification.]
77. Saving as to court-fees. ––Nothing in this Act contained shall be deemed to affect the duties
chargeable under any enactment for the time being in force relating to court-fee.
1
[77A. Saving as to certain stamps. ––All stamps in denominations of annas four or multiples
thereof shall be deemed to be stamps of the value of twenty-five naye paise or, as the case may be,
multiples thereof and shall, accordingly, be valid for all the purposes of this Act.]
78. Act to be translated, and sold cheaply. –– Every State Government shall make provision for the
sale of translations of this Act in the principal vernacular languages of the territories administered by it at
a price not exceeding 2
[twenty-five naye paise] per copy.
79. [Repealed.] Rep. by the Repealing and Amending Act , 1914 (10 of 1914) s. 3 and schedule II.

1. Ins. by Act 19 of 1958, s. 11 (w.e.f. 1-10-1958).
2. Subs. by s. 12, ibid., ―four annas‖ (w.e.f. 1-10-1958).
31
SCHEDULE 1
STAMP – DUTY ON INSTRUMENTS
(See section 3)

1. Subs. by Act 18 of 1928, s. 2 and the First Sch., for cl. (a).
2. See now the Army Act, 1950 (46 of 1950).
3. Ins. by Act 14 of 1932, s. 130 and the Sch.
4. See now the Air Force Act, 1950 (45 of 1950).
Description of Instrument Proper Stamp-duty
1. ACKNOWLEDGMENT of a debt
exceeding twenty rupees in amount or value, written
or signed by, or on behalf of, a debtor in order to
supply evidence of such debt in any book (other than
a banker’s pass-book) or on a separate piece of paper
when such book or paper is left in the creditor’s
possession: provided that such acknowledgment
does not contain any promise to pay the debt or any
stipulation to pay interest or to deliver any goods or
other property.
One anna
2. ADMINISTRATION-BOND, including a
bond given under section 256 of the Indian
Succession Act, 1865 (X of 1865), section 6 of the
Government Savings Banks Act, 1873 (V of 1873),
section 78 of the Probate and Administration Act,
1881 (V of 1881), or section 9 or section 10 of the
Succession Certificate Act, 1889 (VII of 1889) —
(a) where the amount does not exceed Rs. 1,000

The same duty as a Bond (No. 15) for such
amount.
(b) in any other case Five rupees.
3. ADOPTION-DEED, that is to say, any
instrument (other than a will) recording an adoption
or conferring or purporting to confer an authority to
adopt.
Ten rupees.
ADVOCATE. See ENTRY AS AN ADVOCATE (No. 30).
4. AFFIDAVIT, including an affirmation or
declaration in the case of persons by law allowed to
affirm or declare instead of swearing.
One rupee.
Exemptions
Affidavit or declaration in writing when made— 1
[(a) as a condition of enrolment under the 2
Indian
Army Act, 1911 (8 of 1911), 3
[or the 4
1ndian Air force
Act, 1932 (14 of 1932)];]
(b) for the immediate purpose of being filed or
used in any court or before the officer of any court;
or
(c) for the sole purpose of enabling any person to
receive any pension or charitable allowance.
32
Description of Instrument Proper Stamp-duty
1
[5. AGREEMENT OR MEMORANDUM OF AN
AGREEMENT—
(a) if relating to the sale of a bill of exchange;
Two annas.
Subject to a maximum of ten rupees, one anna
(b) if relating to the sale of a Government security
or share in an incorporated company or other body
corporate;
for every Rs. 10,000 or part thereof of the value
of the security or share.
(c) if not otherwise provided for Eight annas.
Exemptions
Agreement or memorandum of agreement—
(a) for or relating to the sale of goods or
merchandise exclusively, not being a NOTE OR
MEMORANDUM chargeable under No. 43;
(b) made in the form of tenders to the Central
Government for or relating to any loan;

2
* * * *
AGREEMENT TO LEASE. See LEASE (No. 35).

3
[6. AGREEMENT RELATING TO DEPOSIT
OF TITLE-DEEDS, PAWN OR PLEDGE,
that is to say, any instrument evidencing an
agreement relating to —
(1) the deposit of title-deeds or instruments
constituting or being evidence of the title to any
property whatever (other than a marketable security);
or
(2) the pawn or pledge of movable property,
where such deposit, pawn or pledge has been made
by way of security for the repayment of money
advanced or to be advanced by way of loan or an
existing or future debt—
(a) if such loan or debt is repayable on demand
or more than three months from the date of the
instrument evidencing the agreement;
(b) if such loan or debt is repayable not more
than three months from the date of such instruments.
Exemption
Instrument of pawn or pledge of goods if unattested.]
7. APPOINTMENT IN EXECUTION OFA
POWER, whether of trustees or of property, movable
or immovable, where made by any writing not being
a will.
The same duty as a Bill of Exchange [No. 13 (b)]
for the amount secured.
Half the duty payable on a Bill of Exchange
[No. 13 (b)] for the amount secured.
Fifteen rupees

1. Subs. by Act 6 of 1910, s.3, for 5.
2. Clause (c) omitted by the A.O. 1950.
3. Subs. by Act 15 of 1904, s. 8, for Art. 6.
33
Description of Instrument Proper Stamp-duty
8. APPRAISEMENT OR VALUATION made
other wise than under an order of the Court in the
course of a suit—
(a) where the amount does not exceed Rs. 1,000; The same duty as a Bond (No. 15) for such
amount.
(b) in an other case…………………………….
Exemptions
(a) Appraisement or valuation made for the
information of one party only, and not being in any
manner obligatory between parties either by agreement or
operation of law.
(b) Appraisement of crops for the purpose of
ascertaining the amount to be given to a landlord as rent.
Five rupees.
9. APPRENTICESHIP-DEED, including every
writing relating to the service or tuition of any apprentice,
clerk or servant, placed with any master to learn any
profession, trade or employment, not being ARTICLES
OF CLERKSHIP, (No. 11).
Exemption
Instruments of apprenticeship executed by a Magistrate
under the 1Apprentices Act, 1850 (XIX of 1850), or by
which a person is apprenticed by or at the charge of any
public charity.
10. ARTICLES OF ASSOCIATION OF A
COMPANY.
Exemption
Articles of any Association not formed for profit
and registered under section 26 of the 2
Indian
Companies Act, 1882 (VI of 1882).
See also MEMORANDUM OF ASSOCIATION OF A
COMPANY (No. 39).
11. ARTICLES OF CLERKSHIP or contract
where by any person first becomes bound to serve as
a clerk in order to his admission as an attorney in any
High Court.
ASSIGNMENT. See CONVEYANCE (No. 23;
TRANSFER (No. 62), and TRANSFER OF LEASE
(No. 63), as the case may be.
ATTORNEY. See ENTRY AS AN ATTORNEY
(No. 30) and POWER OF ATTORNEY (No. 48).
AUTHORITY TO ADOPT. See ADOPTION-DEED
(No. 3).
Five rupees.
Twenty-five rupees.
Two hundred and fifty rupees.

1. See now the Apprentices Act, 1961 (52 of 1961).
2. See now the Companies Act, 1956 (1 of 1956).
34

1. See now the Bombay District Municipal Act, 1901 (Bom. Act 3 of 1901).
2. The word, brackets and figure ―and (3)‖ omitted by Act (5 of 1927) s. 5.
3. The entry (a) together with the entry ―One anna‖ in the second column omitted by s. 5, ibid.
4. Subs. by Act 76 of 1956, s. 4 and the Second Schedule, for Items (b) and (c) (w.e.f. 1-2-1957).
5. Subs. by Act 19 of 1958, s. 13, for ―four annas‖ (w.e.f. 1-10-1958).
6. Subs. by s. 13, ibid., for ―eight annas‖ (w.e.f. 1-10-1958).
7. Subs. by s. 13, ibid., for ―twelve annas‖ (w.e.f. 1-10-1958).
Description of Instrument Proper Stamp-duty
12. AWARD, that is to say, any decision in
writing by an arbitrator or umpire, not being an
award directing a partition, on a reference made
otherwise than by an order of the Court in the
course of a suit—
(a) where the amount or value of the property to
which the award relates as set forth in such award
does not exceed Rs. 1,000;
(b) in any other case…………………………
Exemption
Award under the 1Bombay District Municipal
Act, 1873 (Born. Act VI of 1873), section 81, or the
Bombay Hereditary Offices Act, 1874 (Born.
Act (III of 1874), section 18.
13. BILL OF EXCHANGE. [as defined by
s. 2(2) 2
***], not being a Bond, bank-note or
currency-note—
3
*** ***
4
[(b) where payable otherwise than on demand—
(i) where payable not more than three months
after date or sight—
if the amount of the bill or note does not
exceed Rs. 500;
if it exceeds Rs. 500 but does not exceed
Rs. 1,000;
The same duty as a Bond (No. 15) for such
amount.
Five rupees
***
One rupee 5
[twenty-five naye paise].
Two rupees 6
[fifty naye paise].
and for every additional Rs. 1,000 or part
thereof in exceeds ofRs. 1,000:
(ii) where payable more than three months but
not more than six months after date or sight—
if the amount of the bill or note does not
exceed Rs. 500;
if it exceeds Rs. 500 but does not exceed
Rs. 1,000;
Two rupees 6
[fifty naye paise].
Two rupees 6
[fifty naye paise].
Five rupees;
and for every additional Rs. 1,000 or part
thereof in excess of Rs. 1,000;
(iii) where payable more than six months but
not more than nine months after date or sight—
Five rupees;
if the amout of the bill or note does not
exceed Rs. 500;
Three rupees 7
[seventy-five naye paise].
35

1. Subs. by Act 19 of 1958, s. 13, for ―eight annas‖ (w.e.f. 1-10-1958).
2. Subs. by Act 32 of 1994, s. 99, for ―One rupee‖ (w.e.f. 13-5-1994).
3. See now the Indian Ports Act, 1908 (15 of 1908).
4. Subs. by Act 43 of 1955, s. 2 for ―the States‖ (w.e.f. 1-4-1956).
Description of Instrument Proper Stamp duty
if it exceeds Rs. 500 but does not exceed Rs. 1,000
and for every additional Rs. 1,000 or part thereof
in excess of Rs. 1,000;
(iv) where payable more than nine months but
not more than one year after date or sight—
if the amount of the bill or note does not
exceed Rs. 500;
if it exceeds Rs. 500 but does not exceed
Rs. 1,000;
and for every additional Rs. 1,000 or part thereof
in excess of Rs. 1,000
(c) where payable at more than one year after date or
sight—
if the amount of the bill or note does not exceed Rs. 500; Ten rupees.
if it exceeds Rs. 500 but does not exceed Rs. 1,000; Twenty rupees.
and for every additional Rs. 1,000 or part thereof in
excess of Rs. 1,000; [Twenty rupees.] in excess of Rs. 1,000;
14. BILL OF LADING (including a through bill of
lading).
Seven rupees 1
[fifty naye paise].
Seven rupees 1
[fifty naye paise].
Five rupees.
Ten rupee
Ten rupees.
Ten rupees.
Twenty rupees.
Twenty rupees.
2
[Two rupees.]
N.B.—If a bill of lading is drawn in
parts, the proper stamp therefor
must be borne by each one of the
set.
Two annas.
Four annas.
Exemptions
(a) Bill of lading when the goods therein described
are received at a place within the limits of any port as
defined under the 3
Ports Act, 1889 (10 of1889), and are to
be delivered at another place within the limits of the same
port.
(b) Bill of lading when executed out of 4
[India] and
relating to property to be delivered in 4
[India].
15. BOND [as defined by section 2 (5)] not being a
DEBENTURE (No. 27) and not being otherwise provided for
by this Act, or by the Court-fees Act, 1870 (7 of 1870)—
where the amount or value secured does not exceed Rs. 10; Two annas.
where it exceeds Rs. 10 and does not exceed Rs. 50;
36
Description of Instrument Proper Stamp duty
where it exceeds Rs. 50 and does not exceed Rs. 100
where it exceeds Rs. 100 and does not exceed Rs. 200
where it exceeds Rs. 200 and does not exceed Rs. 300
where it exceeds Rs. 300 and does not exceed Rs. 400
where it exceeds Rs. 400 and does not exceed Rs. 500
where it exceeds Rs. 500 and does not exceed Rs. 600
where it exceeds Rs. 600 and does not exceed Rs. 700
where it exceeds Rs. 700 and does not exceed Rs. 800
where it exceeds Rs. 800 and does not exceed Rs. 900
where it exceeds Rs. 900 and does not exceed Rs. 1,100
and for every Rs. 500 or part thereof in excess of Rs. 1,000
See ADMINISTRATION BOND (No. 2) BOTTOMRY BOND (No.
16), CUSTOMS BOND (No. 26), INDEMNITY BOND (No. 34),
RESPONDENTIA BOND (No. 56), SECURITY BOND (No. 57).
Exemptions
Bond, when executed by—
(a) headmen nominated under rules framed in
accordance with the Bengal Irrigation Act, 1876 (Ben. Act III
of 1876), section 99, for the due performance of their duties
under that Act;
(b) any person for the purpose of guaranteeing that
the local income derived from private subscriptions to a
charitable dispensary or hospital or any other object of
public utility shall not be less than a specifed sum per
mensem.
16. BOTTOMRY BOND, that is to say, any instrument
where by the master of a sea-going ship borrows money on the
security of the ship to enable him to preserve the ship or
prosecute her voyage.
17. CANCELLATION—Instrument of (including any
instrument by which any instrument previously executed is
cancelled), if attested and not otherwise provided for.
See also Release (No. 55), Revocation of Settlement (No. 58-B),
Surrender of Lease (No. 61), Revocation of Trust (No. 64-B).
18. CERTIFICATE OF SALE (in respect of each property
put up as a separate lot and sold) granted to the purchaser of any
property sold by public auction by a Civil or Revenue Court, or
Collector or other Revenue-officer—
(a) where the purchase-money does not exceed Rs. 10;
(b) where the purchase-money exceeds Rs. 10 but
does not exceed Rs. 25;
(c) in any other case
Eight annas.
One rupee.
One rupee eight annas.
Two rupees.
Two rupees eight annas.
Three rupees.
Three rupees eight annas.
Four rupees.
Four rupees eight annas.
Five rupees.
Two rupees eight annas.
The same duty as a Bond
(No. 15) for the same amount.
Five rupees.
Two annas.
Four annas.
The same duty as a
conveyance (No. 23) for a
consideration equal to the
amount of the purchasemoney
only.
37
Description of Instrument Proper Stamp-duty
19. CERTIFICATE OR OTHER DOCUMENT evidencing the right
or title of the holder thereof, or any other person, either to any shares, scrip or
stock in or of any incorporated company or other body corporate, or to
become proprietor of shares, scrip or stock in or of any such company or
body.
See also LETTER OF ALLOTMENT OF SHARES (No. 36).
1
[Two anna].
20. CHARTER-PARTY, that is to say, any instrument (except
agreement for the hire of a tug-steamer) whereby a vessel or some specified
principal part thereof is let for the specified purposes of the charterer, whether
it includes a penalty clause or not.
One rupee.
2
* * * * *
22. COMPOSITION-DEED, that is to say, any instrument executed by
a debtor whereby he conveys his property for the benefit of his creditors, or
whereby payment of a composition or dividend on their debts is secured to
the creditors, or whereby provision is made for the continuance of the debtor’s
business, under the supervision of inspectors or under letters of licence, for
the benefit of his creditors.
23. CONVEYANCE [as defined by section 2 (10)] not being a
Transfer charged or exempted under No. 62—
Ten rupees.
where the amount or value of the consideration for such
conveyance as set forth therein does not exceed Rs. 50:
Eight annas.
where it exceeds Rs. 50 but does not exceed Rs. 100.
Ditto 100 ditto 200 Two rupees.
Ditto 200 ditto 300 Three rupees.
Ditto 300 ditto 400 Four rupees.
Ditto 400 ditto 500 Five rupees.
Ditto 500 ditto 600 Six rupees.
Ditto 600 ditto 700 Seven rupees.
Ditto 700 ditto 800 Eight rupees.
Ditto 800 ditto 900 Nine rupees.
Ditto 900 ditto 1,000 Ten rupees.
and for every Rs. 500 or part thereof in excess of Rs. 1,000
Exemption
3
[(a) Assignment of copyright by entry made under the 4
Indian Copyright
Act, 1847 (20 of 1847) section 5.]
5
[(b) for the purpose of this article, the portion of duty paid in respect of
a document falling under article No. 23A shall be excluded while computing
the duty payable in respect of a corresponding document relating to the
completion of the transaction in any Union territory under this article.]
CO-PARTNERSHIP-DEED. See Partnership (No. 46.)
5
[23A. CONVEYANCE IN THE NATURE OF PART
PERFORMANCE—Contracts for the transfer of immovable property in the
nature of part performance in any Union territory under section 53A of the
Transfer of Property Act, 1882 (4 of 1882).
One rupees.
Five rupees.
Ninety per cent. of the duty as a
Conveyance (No. 23)]

1. Subs. by Act 43 of 1923 s. 2, for ―One anna‖.
2. Art. 21 omitted by Act 5 of 1927 s. 5.
3. Certain words and figure numbered as clause (a) thereof by Act 48 of 2001, s. 11 (w.e.f. 24-9-2001).
4. See. now the Copyright Act, 1957 (14 of 1957.)
5. Ins. by Act 48 of 2001, s. 11 (w.e.f. 24-9-2001).
38
Description of Instrument Proper Stamp-duty
24. COPY OR EXTRACT certified to be a true copy or
extract, by or by order of any public officer and not chargeable
under the law for the time being in force relating to court-fees—
(i) if the original was not chargeable with duty or if the duty
with which it was chargeable does not exceed one rupee;
(ii) in any other case…………………
Exemptions
(a) Copy of any paper which a public officer is expressly
required by law to make or furnish for record in any public office
or for any public purpose.
1
(b) Copy of, or extract from, any register relating to births,
baptisms, namings, dedications, marriages, 2
[divorces,] deaths or
burials].
25. COUNTERPART OR DUPLICATE of any instrument
chargeable with duty and in respect of which the proper duty has
been paid,—
(a) if the duty with which the original instrument is
chargeable does not exceed one rupee;
(b) in any other case
Exemption
Counterpart of any lease granted to a cultivator, when
such lease is exempted from duty.
26. CUSTOMS BOND—
(a) where the amount does not exceed Rs. 1,000;
(b) in any other case …………………….
3
[27. DEBENTURE (whether a mortgage debenture or not),
being a marketable security transferable—
(a) by endorsment or by a separate instrument of transfer—
where the amount or value does not exceed Rs. 10
where it exceeds Rs. 10 and does not exceed Rs. 50
Ditto 50 ditto 100
Ditto 100 ditto 200
Ditto 200 ditto 300
Eight annas.
One rupee.
The same duty as is payable on the
original.
One rupee.
The same duty as a Bond (No. 15)
for such amount.
Five rupees.
4
[Twenty naye paise].
5
[Forty naye paise].
6
[Seventy-five naye paise].
One rupee. 7
[fifty naye paise].
Two rupees 8
[twenty-five naye
paise].

1. Subs. by Act 5 of 1906, s. 7, for clause (b) and (c).
2. Ins. by Act 10 of 1914, s. 2 and the First Sch.
3. Subs. by Act 43 of 1955, s. 7, for Art. 27 (w.e.f. 1-4-1956).
4. Subs. by Act 19 of 1958, s. 13, for ―three anna‖ (w.e.f. 1-10-1958).
5. Subs. by s. 13, ibid., for ―Six anna‖ (w.e.f. 1-10-1958).
6. Subs. by s. 13, ibid., for ―Twelve annas‖ (w.e.f. 1-10-1958).
7. Subs. by s. 13, ibid., for ―Eight anna‖ (w.e.f. 1-10-1958).
8. Subs. by s. 13, ibid., for ―four anna‖ (w.e.f. 1-10-1958).
39
Description of Instrument Proper Stamp-duty
Ditto 300 ditto 400
Ditto 400 ditto 500
Ditto 500 ditto 600
Ditto 600 ditto 700
Ditto 700 ditto 800
Ditto 800 ditto 900
Ditto 900 ditto 1,000
and for every Rs. 500 or part thereof in excess of Rs. 1,000
(b) by delivery—
Three rupees.
Three rupees 1
[seventy-five naye paise].
Four rupees 2
[fifty naye paise].
Five rupees 3
[twenty-five naye paise].
Six rupees.
Six rupees 1
[seventy-five naye paise].
Seven rupees 2
[fifty naye paise].
Three rupees 1
[seventy-five naye paise].
where the amount or value of the consideration for such debenture as
set forth therein does not exceed Rs. 50,
1
[seventy-five naye paise].
where it exceeds Rs. 50 but does not exceed Rs. 100
Ditto 100 ditto 200
Ditto 200 ditto 300
Ditto 300 ditto 400
Ditto 400 ditto 500
Ditto 500 ditto 600
Ditto 600 ditto 700
Ditto 700 ditto 800
Ditto 800 ditto 900
Ditto 900 ditto 1,000
and for every Rs. 500 or part thereof in excess of Rs. 1,000.
Explanation.—The term ―Debenture‖ includes any interest
coupons attached thereto—but the amount of such coupons shall not
be included in estimating the duty.
Exemption
A debenture issued by an incorporated company or other body
corporate in terms of a registered mortgage-deed, duly stamped in
respect of the full amount of debentures to be issued thereunder, whereby
the company or body borrowing makes over, in whole or in part, their
property to trustees for the benefit of the debenture holders:
Provided that the debentures so issued are expressed to be
issued in terms of the said mortgage-deed].
See also BOND (NO. 15): and sections 8 and 55.
DECLATAION OF ANY TRUST. See TRUST (No. 64)
28. DELIVERY ORDER IN RESPECT OF GOODS, that is to
say, any instrument entitling any person therein named, or his assigns, or
the holder thereof, to the delivery of any goods lying in any dock or port,
or in any warehouse in which goods are stored or deposited on rent or
hire, or upon any wharf, such instrument being signed by or on behalf of
the owner of such goods, upon the sale or transfer of the property therein,
when such goods exceed in value twenty rupees.
One rupee 2
[fifty naye paise].
Three rupees.
Four rupees 2
[fifty naye paise].
Six rupees.
Seven rupees 2
[fifty naye paise].
Nine rupees.
Ten rupees 2
[fifty naye paise].
Twelve rupees.
Thirteen rupees 2
[fifty naye paise].
Fifteen rupees.
Seven rupees
2
[fifty naye paise]
One anna.

1. Subs. by Act 19 of 1958, s. 13 for ―twelve anna‖ (w.e.f. 1-10-1958).
2. Subs. by s.13, ibid., for ―eight annas‖ (w.e.f. 1-10-1958).
3. Subs. by s. 13 ibid., for ―four annas‖ (w.e.f. 1-10-1958).
40
Description of Instrument Proper Stamp-duty
DEPOSIT OF TITLE-DEEDS 1
[SEE AGREEMENT RELATING TO
DEPOSIT OF TITLE-DEEDS PAWN OR PLEDGE (NO. 6)].
DISSOLUTION OF PARTNERSHIP See PARTNERSHIP
(No. 46).
29. DIVORCE.—Instrument of, that is to say, any instrument
by which any person effects the dissolution of his marriage.
DOWER—Instrument of See SETTLEMENT (No. 58).
DUPLICATE. See COUNTERPART (No. 25).
30. ENTRY AS AN ADVOCATE, VAKIL OR
ATTORNEY ON THE ROLL OF ANY HIGH COURT
2
[under the Indian Bar Councils Act, 1926 (38 of 1926) or] in
exercise of powers conferred on such court by Letters patent
or by the 3Legal Practitioners Act, 1884 (9 of 1884)—
(a) in the case of an Advocate or Vakil……….
(b) in the case of an Attorney……..
Exemption
entry of an advocate, vakil or attornery on the roll of any
High court when he has previously been enrolled in a High
Court.
One rupee.
Five hundred rupees.
Two hundred and fifty rupees.
4
* * * * *
31. EXCHANGE OF PROPERTY.—Instrument of.
EXTRACT. See Copy (No. 24).
32. FURTHER CHARGE.—Instrument of, that is to
say, any instrument imposing a further charge on mortgaged
property—
(a) when the original mortgage is one of the description
referred to in clause (a) of Article No. 40 (that is, with
possession);
(b) when such mortgage is one of the description referred
to in clause (b) of Article No. 40 (that is, without
possession)—
(i) if at the time of execution of the instrument of
further charge possession of the property is given or
agreed to be given under such instrument;
The same duty as a Conveyance (No. 23) for a
consideration equal to the value of the
property of greatest value as set forth in such
instrument.
The same duty as a Conveyance (No. 23) for a
consideration equal to the amount of the
further charge secured by such instrument.
The same duty as a Conveyance (No. 23) for a
consideration equal to the total amount of the
charge (including the original mortgage and
any further chage already made) less the duty
already paid on such original mortgage and
further charge.

1. Subs. by Act 15 of 1904, s. 8, for ―See Agreement by way of Equitable Mortgage (No. 6)‖.
2. Ins. by Act 38 of 1926, s. 19 and the Sch.
3. Since repealed.
4. The entry ―EQUITABLE MORTGAGE‖ omitted by Act 15 of 1904, s. 8.
41
Description of Instrument Proper Stamp-duty
(ii) if possession is not so given
33. GIFT.—Instrument of, not being a SETTLEMENT
(No. 58) or will or TRANSFER (No. 62)
HIRING AGREEMENT or agreement for service.
SEE AGREEMENT No.5).
34. INDEMNITY-BOND
INSPECTORSHIP-DEED See COMPOSITION-DEED
(No. 22) INSURANCE. See POLICY OF INSURANCE (No. 47).
35. LEASE, including an under-lease or sub-lease and
any agreement to let or sub-let—
(a) whereby such lease the rent is fixed and no premium
is paid or delivered—
(i) where the lease purports to be for a term of less
than one year;
(ii) where the lease. purports to be for a term of not
less than one year but not more than three years;
(iii) where the lease purports to be for a term in
excess of three years;
(iv) where the lease does not purport to be for any
definite term;
(v) where the lease purports to be in perpetuity.
The same duty as a Bond (No. 15) for the
amount of the further charge secured by
such instrument.
The same duty as a Conveyance (No. 23) for a
consideration equal to the value of the
property, as set forth in such instrument.
The same duty as a Security Bond (No. 57) for
the same amount.
The same duty as a Bond (No.15) for the
whole amount payable or deliverable under
such lease.
The same duty as Bond (No. 15) for the
amount or value of the average annual rent
reserved.
The same duty as a Conveyance (No. 23) for
a consideration equal to the amount or value
of the average annual rent reserved.
The same duty as a Conveyance (No. 23) for a
consideration equal to the amount or value of the
average annual rent which would be paid or
delivered for the first ten years if the lease
continued so long.
The same duty as a Conveyance (No. 23) for a
consideration equal to one-fifth of the whole
amount of rents which would be paid or
delivered in respect the first fifty years of the
lease.
42
Description of Instrument Proper Stamp-duty
(b) where the lease is granted for a fine or premium
or for money advanced and where no rent is reserved.
(c) where the lease is granted for a fine or premium
or for money advanced in addition to rent reserved.
Exemptions
(a) Lease, executed in the case of a cultivator and
for the purposes of cultivation (including a lease of trees
for the production of food or drink) without the payment
or delivery of any fine or premium, when a definite term
is expressed and such term does not exceed one year, or
when the average annual rent reserved does not exceed
one hundred rupees.
The same duty as a Conveyance (No. 23)
for a consideration equal to the amount or
value of such fine or premium or advance
as set forth in the lease.
The same duty as a Conveyance (No. 23)
for a consideration equal to the amount or
value of such fine or premium or advance
as set forth in the lease, in addition to the
duty which would have been payable on
such lease if no fine or premium or advance
had been paid or delivered:
Provided that, in any case when an
agreement to lease is stamped with the ad
valorem stamp required for a lease, and a
lease in pursuance of such agreement is
subsequently executed, the duty on such
lease shall not exceed eight annas.
1
* * *
* *
36. LETTER OF ALLOTMENT OF SHARES
in any company or proposed company, or in respect
of any loan to be raised by company any or proposed
company.
See also Certificate or other Document (No. 19)
37. LETTER OF CREDIT, that is to say
any instrument by which one person authorizes
another to give credit to the person in whose favour it
is drawn.
LETTER OF GUARANTEE, See AGREEMENT (No. 5).
38. LETTER OF LICENCE, that is to say,
any agreement between a debtor and his creditors that
the letter shall, for a specified time, suspend their claims
and allow the debtor to carry on business at his own
discretion.
2
[Two annas],
3
[two rupees].
Ten rupees.
Fifteen rupees.
Forty rupees.
39. MEMORANDUM OF ASSOCIATION OF A
COMPANY—
(a) if accompanied by articles of association under
section 37 of the 4
Indian Companies Act, 1882 (6 of
1882);
(b) if not so accompanied

1. Exemption (b) omitted by the A.O. 1937.
2. Subs. by Act 43 of 1923, s. 2, for ―one anna‖.
3. Subs. by Act 32 of 1985, s. 50, for ―One rupee‖ (w.e.f. 1-7-1985).
4. See now the Companies Act, 1956 (1 of 1956).
43
Description of Instrument Proper Stamp-duty
Exemption
Memorandum of any association not formed for profit
and registered under section 26 of the 1
Indian Companies
Act, 1882 (6 of 1882).
40. MORTGAGE-DEED, not being 2
[an AGREEMENT
RELATING-TO DEPOSIT OF TITLE-DEEDS, PAWN OR
PLEDGE (NO. 6)], BOTTOMRY BOND (NO. 16),
MORTGAGE OF A CROP (NO. 41), RESPONDENTIA BOND
(No. 56), OR SECURITY BOND (NO. 57)—
(a) when possession of the property or any part
of the property comprised in such deed is given by
the mortgagor or agreed to be given;
(b) when 3
***possession is not given or agreed
to be given as aforesaid;
Explanation.—A mortgagor who gives to the
mortgagee a power-of-attorney to collect rents or a
lease of the property mortgaged or part thereof, is
deemed to give possession within the meaning of this
Article.
The same duty as a Conveyance (No. 23)
for a consideration equal to the amount
secured by such deed.
The same duty as a Bond (No. 15) for
the amount secured by such deed.
(c) when a collateral or auxiliary or additional
or substituted security, or by way of further
assurance for the abovementioned purpose where
the principal or primary security is duly stamped—
for every sum secured not exceeding Rs. 1,000
and for every Rs. 1,000 or part thereof secured
in excess of Rs. 1,000.
Exemptions
(1) Instruments, executed by person taking
advances under the Land Improvement Loans Act, 1883
(XIX of 1883), or the Agriculturists’ Loan Act, 1884
(XII of 1884), or by their sureties as security for the
repayment of such advances.
(2) Letter of hypothecation accompanying a bill of exchange.
4
* * *
41. MORTGAGE OF A CROP, including any
instrument evidencing an agreement to secure the
repayment of a loan made upon any mortgage of a crop,
whether the crop is or is not in existence at the time of the
mortgage—
(a) when the loan is repayable not more than three
months from the date of the instrument—
for every sum secured not exceeding Rs. 200
and for every Rs. 200 or part thereof secured in
excess of Rs. 200;
Eight annas.
Eight annas.

* *
One anna.
One anna.

1. See now the Companies Act, 1956 (1 of 1956).
2. Subs. by Act 15 of 1904, s. 8, for ―AN AGREEMENT TO MORTGAGE (NO. 6)‖.
3. The words ―At the time of execution‖ omitted by s. 8, ibid.
4. Exemption (3) omitted by s. 8, ibid.
44

1. Subs. by Act 5 of 1906, s. 7, for ―one year‖
2. Subs. by Act 15 of 1904, s. 8, for ―Four annas‖.
3. Subs. by Act 6 of 1910, s. 3, for article 43.
Description of Instrument Proper Stamp-duty
(b) when the loan is repayable more than three months,
but not more than 1
[eighteen months], from the date of the
instrument—
for every sum secured not exceeding Rs. 100
and for every Rs. 100 or part thereof secured in excess of Rs.
100.
42. NOTARIAL ACT, that is to say, any instrument,
endorsement, note, attestation, certificate or entry not being a
PROTEST (No. 50) made or signed by a Notary Public in the
execution of the duties of his office, or by any other person
lawfully acting as a Notary Public.
See also PROTEST OF BILL OR NOTE (No. 50).
2
[Two annas.]
2
[Two annas]
One rupee.
Two annas.
Subject to a maximum of ten rupees, one
anna for every Rs. 10,000 or part thereof
the value of the stock or security.]
Eight annas.
3
[43 NOTE OR MEMORANDUM, sent by a Broker
or agent to his principal intimating the purchase or sale on
account of such principal—
(a) of any goods exceeding in value twenty rupees;
(b) of any stock or marketable security exceeding in
value twenty rupees;
44. NOTE OF PROTEST BY THE MASTER OF
A SHIP.
See also PROTEST BY THE MASTER OF A SHIP (No. 51).
ORDER FOR THE PAYMENT OF MONEY.
See BILL OF EXCHANGE (No. 13).
45. PARTITION— Instrument of [ as defined by
s. 2 (15)]
The same duty as a Bond
(No. 15) for the amount of the value of
the separated share or shares of the
property.
N.B.—The largest share remaining after
the property is partitioned (or, if there
are two or more shares of equal value
and not smaller than any of the other
shares, then one of such equal shares)
shall be deemed to be that from which
the other shares are separated:
Provided always that—
(a) when an instrument of partition
containing an agreement to divide
property in severalty is executed and a
partition is effected in pursuance of
such agreement, the duty chargeable
upon the instrument effecting such
partition shall be reduced by the
amount of duty paid in respect of the
first instrument, but shall not be less
than eight annas;
45
Description of Instrument Proper Stamp-duty
(b) where land is held on
revenue settlement for a period
not exceeding thirty years and
paying the full assessment, the
value for the purpose of duty
shall be calculated at not more
than five times the annual
revenue;
(c) where a final order for
effecting a partition passed by
any Revenue-authority or any
Civil-Court, or an award by an
arbitrator directing a partition, is
stamped with the stamp required
for an instrument of partition,
and an instrument of partition in
pursuance of such order or
award is subsequently executed,
the duty on such instrument
shall not exceed eight annas.
46. PARTNERSHIP—
A—INSTRUMENT OF—
(a) where the capital of the partnership does not
exceed Rs. 500;
(b ) in any other case……………………
B.—DISSOLUTION OF…………………………
1
[PAWN OR PLEDGE. see AGREEMENT RELATING TO
DEPOSIT OF TITLE-DEEDS. PAWN OR PLEDGE (NO. 6).]
47. POLICY OF INSURANCE—
2
[A.—SEA INSURANCE (see section 7)—
(1) for or upon any voyage—
(i) where the premium or consideration does not
exceed the rate of 3
*** one-eighth per centum of the
amount insured by the policy;
Two rupees eight annas.
Ten rupees.
Five rupees.
If drawn
singly
If drawn in duplicate,
for each part
4
[Ten naye
paise.]
4
[Ten naye
paise]
5
[Five naye paise]
5
(ii) in any other case, in respect of every full sum of [Five naye paise]
6
one thousand five hundred rupees] and also any
fractional part of 6
[one thousand five hundred rupees]
insured by the policy;

1. Ins. by Act 15 of 1904, s. 8.
2. Subs. by Act 5 of 1906, s. 7, for Divisions A and B.
3. The words ―fifteen naye paise or‖ omitted by Act 14 of 1961, s.16.
4. Subs. by Act 19 of 1958, s. 13, for ―one anna‖ (w.e.f. 1-10-1958).
5. Subs. by s. 13, ibid., for ―half an anna‖ (w.e.f. 1-10-1958).
6. Subs. by Act 18 of 1928, s. 2 and the First Sch., for ―one thousand rupees‖.
46
Description of Instrument Proper Stamp-duty
(2) for time—
(iii) in respect of every full sum of one thousand
rupees and also any fractional part of one thousand rupees
insured by the policy—
where the insurance shall be made for any time
not exceeding six months;
where the insurance shall be made for any
time exceeding six months and not exceeding
twelve months;
1
[Fifteen naye
paise.]
2
[Ten naye paise.]
3
[Twenty-five
paise.]
1
[Fifteen naye
paise]
B.— 4
[FIRE-INSURANCE, AND OTHER CLASSES OF
INSURANCE NOT ELSEWHERE INCLUDED IN THIS
ARTICLE, COVERING GOODS, MERCHANDISE,
PERSONAL EFFECTS, CROPS AND OTHER
PROPERTY AGAINST LOSS OR DAMAGE] —
(1) in respect of an original policy—
(i) when the sum insured does not exceed Rs. 5,000.
(ii) in any other case; and
(2) in respect of each receipt for any payment of a premium
on any renewal of an original policy.
C.—ACCIDENT AND SICKNESS INSURANCE—
(a) against railway accident, valid for a single journey
only.
Exemption
When issued to a passenger travelling by the intermediate
or the third class in any railway;
(b) in any other case—for the maximum amount which may
payable in the case of any single accident or sickness where such
amount does not exceed Rs. 1,000, and also where such amount
exceeds Rs. 1,000, for every Rs. 1,000 or part thereof.
5
[Fifty naye paise.]
One rupee.
One-half of the duty payable in respect
of the original policy in addition to the
amount, if any, chargeable under
No. 53.
2
[Ten naye paise.]
1
[Fifteen naye paise]
6
[Provided that, in case of a policy of
insurance against death by accident when
the annual premium payable does not
exceed 7
[Rs. 2.50] per Rs. 1,000, the duty
on such instrument shall be 2
[Ten naye
paise] for every Rs. 1,000 or part thereof
of the maximum amount which may
become payable under it.]

1. Subs. by Act 19 of 1958, s. 13, for ―Two annas‖ (w.e.f. 1-10-1958).
2. Subs. by s. 13, ibid, for ―One annas‖ (w.e.f. 1-10-1958).
3. Subs. by s. 13, ibid, for ―Four anna‖ (w.e.f. 1-10-1958).
4. Subs. by Act 43 of 1923, s. 2, for ―Fire-Insurance.‖
5. Subs. by Act 19 of 1958, s. 13, for ―Eight annas‖ (w.e.f. 1-10-1958).
6. Added by Act 18 of 1928, s.2 and the First Sch.
7. Subs. by Act 19 of 1958, s. 13, for ―Rs. 2-8-0‖ (w.e.f. 1-10-1958).
47
Description of Instrument Proper Stamp-duty
1
[CC.—INSURANCE BY WAY OF INDEMENITY against liability
to pay damages on account of accidents to workmen employed by or
under the insurer or against liability to pay compensation under the
Workmen’s Compensation Act, 1923 (8 of 1923), for every Rs. 100 or
part thereof payable as premium.]
2
[Ten naye paise]
3
[D.—LIFE INSURANCE 4
[OR GROUP INSURANCE OR OTHER
INSURANCE] NOT SPECIFICALLY PROVIDED FOR,
except such a RE-INSURANCE, as is described in Division E
of this article—
(i) for every sum insured not exceeding Rs. 250;
(ii) for every sum insured exceeding Rs. 250 but not
exceeding Rs. 500;
(iii) for every sum insured exceeding Rs. 500 but not exceeding
Rs. 1,000 and also for every Rs. 1,000 or part thereof in excess of
Rs. 1,000;
If drawn singly If drawn in duplicate,
for each part.
5
[Fifteen naye
paise.]
6
[Twenty-five
naye paise.]
7
[Forty naye
Paise]
2
[Ten naye paise.]
5
[Fifteen naye
paise]
8
[Twenty naye
paise.]
9
[N.B.—If a policy of group insurance is
renewed or otherwise modified whereby the
sum insured exceeds the sum previously
insured on which stamp-duty has been paid, the
proper stamp must be borne on the excess sum
so insured.]
One-quarter of the duty payable in respect
of the original insurance but not less than
2
[ten naye paise] or more than one rupee:
Exemption
Polices of life-insurance granted by the DirectorGeneral
of Post-Offices in accordance with rules for
Postal Life Insurance issued under the authority of the
Central Government.]
E.—RE-INSURANCE BY AN INSURANCE COMPANY,
Which has granted a [of the nature specified in Division A or
Policy 10Division B of this Article], with another company by
way of indemnity or guarantee against the payment on the
original insurance of a certain part of the sum insured thereby.
11 [Provided that if the total amount of duty
payable is not a multiple of five naye paise, the
total amount shall be rounded off to the next
higher multiple of five naye paise.]

1. Ins. by Act 15 of 1925, s. 2.
2. Subs. by Act 19 of 1958, s. 13, for ―One anna‖ (w.e.f. 1-10-1958).
3. Subs. by Act 18 of 1928, s. 2, and the Sch. I for Division D.
4. Subs. by Act 43 of 1955, s. 7, for ―or other Insurance‖ (w.e.f. 1-4-1956).
5. Subs. by Act 19 of 1958, s. 13, for ―Two annas‖ (w.e.f. 1-10-1958).
6. Subs. by s. 13, ibid., for ―four annas‖ (w.e.f. 1-10-1958).
7. Subs. by s. 13, ibid., for ―Six annas‖ (w.e.f. 1-10-1958).
8. Subs. by s. 13, ibid., for ― Three annas‖ (w.e.f. 1-10-1958).
9. Ins. by Act 43 of 1955, s. 7 (w.e.f. 1-4-1956).
10. Subs. by Act 43 of 1923, s. 2, for ―of Sea-Insurance or a Policy of Fire-Insurance‖.
11. Ins. by Act 14 of 1961, s. 16.
48

1. See now the Indian Registration Act, 1908 (16 of 1908).
2. Subs. by Act 43 of 1923, s. 2 for Article 49.
3. Subs. by Act 19 of 1958, s. 13, for ―One anna‖ (w.e.f. 1-10-1958).
Description of Instrument Proper Stamp-duty
General Exemption
Letter of cover or engagement to issue a policy of
insurance:
Provided that, unless such letter or engagement
bears the stamp prescribed by this Act for such policy,
nothing shall be claimable thereunder, nor shall it be
available for any purpose, except to compel the delivery of
the policy therein mentioned.
Eight annas.
Eight annas.
One rupee.
Five rupees.
Ten rupees.
The same duty as a Conveyance
(No. 23) for the amount of the
consideration.
One rupee for each person authorized.
N.B.—The term “registration” includes
every operation incidental to registration
under the 1
Indian Registeration Act,
1877 (III of 1877).
48. POWER-OF-ATTORNEY [as defined by section
2(21)], not being a PROXY (No. 52),—
(a) when executed for the sole purpose of procuring the
registration of one or more ducuments in relation to a single
transaction or for admitting execution of one or more such
documents;
(b) when required in suits or proceedings under the
Presidency Small Cause Courts Act, 1882 (XV of 1882);
(c) when authorizing one person or more to act in a
single transaction other than the case mentioned in clause
(a);
(d) when authorizing not more than five persons to act
jointly and severally in more than one transaction or
generally;
(e) when authorizing more than five but not more than
ten persons to act jointly and severally in more than one
transaction or generally;
(f) when given for consideration and authorizing the
attorney to sell any immovable property;
(g) in any other case……………………………….
Explanation.—For the purposes of this Article more persons
than one when belonging to the same firm shall be deemed to be
one person.
2
[49. PROMISSORY NOTE [as defined by section 2(22)]
(a) when payable on demand—
(i) when the amount or value does not exceed
Rs. 250;
3
[Ten naye paise.]
49

1. Subs. by Act 19 of 1958, s. 13, for ―Two annas‖ (w.e.f. 1-10-1958).
2. Subs. by s. 13, ibid. for ―Four annas‖ (w.e.f. 1-10-1958).
3. Subs. by Act 32 of 1994, s. 99, for ―Twenty paise‖ (w.e.f 13-5-1994).
4. Subs. by Act 23 of 2004, s. 117, for ―five hundred rupees‖.
5. Subs. by Act 18 of 1928, s. 2 and the First Sch., for ―or exempted‖.
6. Ins. by s. 2 and the First Sch., ibid.
Description of Instrument Proper Stamp-duty
(ii) when the amount or value exceeds Rs. 250
but does not exceed Rs. 1,000;
1
[Fifteen naye paise.]
(iii) in any other case 2
[Twenty-five naye paise.]
(b) when payable otherwise than on demand—
50. PROTEST OF BILL OR NOTE, that is to say,
any declaration in writing made by a Notary Public, or other
person lawfully acting as such, attesting the dishonour of a
bill of exchange or promissory note.
The same duty as a Bill of Exchange
(No. 13) for the same amount
payable otherwise than on demand.]
One rupee.
One rupee.
3
[Thirty paise]
3
[One rupee]
51. PROTEST BY THE MASTER OF A SHIP,
that is to say, any declaration of the particulars of her
voyage drawn up by him with a view to the adjustment of
losses or the calculation of averages, and every
declaration in writing made by him against the
characterers or the consignees for not loading or
unloading the ship, when such declaration is attested or
certified by a Notary Publicor other person lawfully
acting as such,
See alsoNOTE OF PROTEST BY THE MASTER OF A SHIP (No. 44).
52. PROXY, empowering any person to vote at any
one election of the members of a district or local board or
of a body of municipal commissioners, or at any one
meeting of (a) members of an incorporated company or
other body corporate whose stock or funds is or are divided
into shares and transferable, (b) a local authority, or (c)
proprietors, members or contributors to the funds of any
institution.
53. RECEIPT [as defined by section 2(23)] for any
money or other property the amount or value of which
exceeds 4
[five thousand rupees.]
Exemptions
Receipt—
(a) endorsed on or contained in any instrument
duly stamped 5
[or any instrument exempted] under
the proviso to section 3 (instruments executed on
behalf of the Government) 6
[or any cheque or bill of
exchange payable on demand] acknowledging the
receipt of the consideration-money therein expressed,
or the receipt of any principal-money, interest or
annuity, or other periodical payment thereby secured;
(b) for any payment of money without
consideration;
50

1. Subs. by the Andhra (Adaptation of Law on Union Subjects) Order, 1954, for ―In the Presidencies of Fort St.
George and Bombay‖ (w.e.f. 1-10-1953).
2. Ins. by the Adaptation of Laws (No. 2) Order, 1956.
3. Ins. by Act 35 of 1934, s. 2 and the Sch.
4. Subs. by Act 10 of 1927, s. 2 and the First Sch., for ―or soldiers‖.
5. Subs. by s. 2 and the First Sch., ibid., for ―Her Majesty’s Army or Her Majesty’s Indian Army‖.
6. Subs. by the A.O. 1950, for ―His Majesty’s‖.
7. Subs. by s. 2, and the First Sch., ibid., for ―either of the said Armies‖.
Description of Instrument Proper Stamp-duty
(c) for any payment of rent by a cultivator on
account of land assessed to Government revenue, or
1
[in the States of Madras, Bombay and Andhra] 2
[as
they existed immediately before the 1st November,
1956] of inam lands;
(d) for pay or allowances by non-commissioned 3
[or petty],
officers, 4
[soldiers, 3
[sailors] or airmen] of 5
[
6
[the Indian]
military, 3
[naval] or air forces], when serving in such capacity,
or by mounted police-constables;
(e) given by holders of family-certificates in cases where
the person from whose pay or allowances the sum comprised
in the receipt has been assigned is a non-commissioned 3
[or
petty] officers 4
[soldier, 3
[sailor] or airmen] of 7
[any of the
said forces], and serving in such capacity;
(f) for pensions or allowances by persons receiving
such pensions or allowances in respect of their service as
such non-commissioned 3
[or petty] officer, 4
[soldiers,
3
[sailors] or airmen] and not serving the Government in
any other capacity;
(g) given by a headman or lambardar for landrevenue
or taxes collected by him;
(h) given for money or securities for money
deposited in the hands of any banker, to be accounted
for:
Provided that the same is not expressed to be
received of, or by the hands of, any other than the person
to whom the same is to be accounted for:
Provided also that this exemption shall not extend to a
receipt or acknowledgment for any sum paid or deposited
for or upon a letter of allotment of a share, or in respect of
a call upon any script or share of, or in, any incorporated
company or other body corporate or such proposed or
intended company or body or in respect of a debenture
being a marketable security.
51

1. Ins. by Act 5 of 1906, s. 7.
2. Ins. by Act 15 of 1904, s. 8.
Description of Instrument Proper Stamp-duty
1
[SEE ALSO POLICY OF INSURANCE [NO. 47-B (2).]
54. RECONVEYANCE OF MORTGAGED
PROPERTY—
(a) if the consideration for which the property was
mortgaged does not exceed Rs. 1,000;
(b) in any other case;
55. RELEASE, that is to say, any instruments 2
[(not
being such a release as is provided for by section 23A)]
whereby a person renounces a claim upon another person
or against any specified property—
(a) if the amount or value of the claim does not
exceed Rs. 1,000;
(b) in any other case…………………….
56. RESPONDENTIA BOND, that is to say, any
instrument securing a loan on the cargo laden or to be
laden on board a ship and making repayment contingent
on the arrival of the cargo at the port of destination.
REVOCATION OF ANY TRUST OR SETTLEMENT.
SeeSETTLEMENT(No. 58); TRUST(No. 64)
57. SECURITY BOND OR MORTGAGE-DEED,
executed by way of security for the due execution of an
office, or to account for money or other property received
by virtue thereof or executed by a surety to secure the due
performance of a contract,—
(a) when the amount secured does not exceed
Rs. 1,000;
(b) in any other case……………………………..
Exemptions
Bond or other instrument, when executed—
(a) by headmen nominated under rules framed in
accordance with the Bengal Irrigation Act, 1876
(Ben. Act III of 1876), section 99, for the due
performance of their duties under that Act;
(b) by any person for the purpose of guaranteeing that
the local income derived from private subscriptions to a
charitable dispensary or hospital or any other object of
public utility shall not be less than a specified sum
per mensem;
The same duty as a conveyance (No. 23)
for the amount of such consideration as set
forth in the Reconveyance.
Ten Rupees.
The same duty as a Bond (No. 15) for such
amount or value as set forth in the Release.
Five rupees.
The same duty as a Bond (No. 15) for the
amount of the loan secured.
The same duty as a Bond (No. 15) for the
amount secured.
Five rupees.
52

1. Subs. by the A.O. 1937, for ―Governor of Bombay in Council‖.
2. Subs. ibid., for ―Government‖.
3. Subs. by the A.O. 1950, for ―Corwn‖.
4. Exemption (b) omitted by the A.O. 1937.
5. See now the Companies Act, 1956 (1 of 1956).
6. Subs. by Act 6 of 1910, s. 3, for ―Three-quarters of‖.
Description of Instrument Proper Stamp-duty
(c) under No. 3A of the rules made by the 1
[ State
Government] under section 70 of the Bombay Irrigation
Act, 1879) (Bom. Act V of 1879);
(d) executed by persons taking advances under the
Land Improvement Loans Act, 1883 (XIX of 1883), or the
Agriculturists’ Loan Act, 1884 (XII of 1884), or by their
sureties, as security for the repayment of such advances;
(e) executed by officers of 2
[the 3
[Government]] or
their sureties to secure the due execution of an office
or the due accounting for money or other property
received by virtue thereof.
58. SETTLEMENT—
A.—INSTRUMENT OF, (including a deed of dower).
Exemptions
(a) Deed of dower executed on the occasion of a
marriage between Muhammadans.
4
* * *
B.— REVOCATION OF—
See also TRUST (No. 64).
The same duty as a Bond (No. 15) for a sum
equal to the amount or value of the property
settled as set forth in such settlement:
Provided that, where an agreement to settle
is stamped with the stamp required for an
instrument of settlement, and an
instrument of settlement in pursuance of
such agreement is subsequently executed,
the duty on such instrument shall not
exceed eight annas.
The same duty as a Bond (No. 15) for a
sum equal to the amount or value of the
property concerned as set forth in the
Instrument of Revocation but not
exceeding ten rupees.
59. SHARE WARRANTS to bearer issued under
the 5
Indian Companies Act, 1882 (VI of 1882).
6
[One and a half times] the duty
payable on a Conveyance (No. 23)
for a consideration equal to the
nominal amount of the shares
specified in the warrant.
53

1. See now the Companies Act, 1956 (1 of 1956).
2. Subs. by Act 6 of 1910, s. 3, for ―three-quarters of‖.
3. Subs. by Act 43 of 1955, s. 7, for clause (a) (w.e.f. 1-4-1956).
4. Subs. by Act 19 of 1958, s. 13, for ―Twelve annas‖ (w.e.f. 1-10-1958).
5. Subs. by Act 6 of 1910, s. 3, for ―One-quarter‖.
6. See now the Administrator General’s Act, 1963 (45 of 1963).
Description of Instrument Proper Stamp-duty
Exemptions
Share warrant when issued by a company in pursuance
of the 1
Indian Companies Act, 1882 (VI of 1882),
section 30, to have effect only upon payment, as
composition for that duty, to the Collector or Stamprevenue,
of—
(a) 2
[one and a half] per centum of the whole
subscribed capital of the company, or
(b) if any company which has paid the said duty or
composition in full, subsequently issues an Addition to its
subscribed capital—
2
[one and a half] per centum of the
additional capital so issued.
SCRIP,See CERTIFICATE (No. 19).
60. SHIPPING ORDER for or relating to the
conveyance of goods on board of any vessel
61. SURRENDER OF LEASE—
(a) when the duty with which the lease is
chargeable does not exceed five rupees;
(b) in any other case…………………..
Exemptions
Surrender of lease, when such lease is exempted from duty.
62. TRANSFER (whether with or without consideration)—3
[(a) of shares in an incorporated company or
other body corporate;
(b) of debentures, being marketable securities,
whether the debenture is liable to duty or not, except
debentures provided for by section 8;
(c) of any interest secured by a bond, mortgagedeed
or policy of insurance,—
(i) if the duty on such bond, mortgage-deed
or policy does not exceed five rupees.
One anna.
The duty with which such lease is
chargeable.
Five rupees.
4
[Seventy-five naye paise] for every hundred
rupees or part thereof of the value of the
share.]
5
[One-half] of the duty payable on a
conveyance (No. 23) for a consideration
equal to the face amount of the debenture.
The duty with which such bond, mortgagedeed
or policy of insurance is chargeable.
(ii) in any other case ……………………..
(d) of any property under the 6 Administrator
General’s Act, 1874 (2 of 1874), section 3 I ;
(e) of any trust-property without consideration
from one trustee to another trustee or from a trustee to
a beneficiary.
Five rupees.
Ten rupees.
Five rupees or such smaller amount as may
be chargeable under clauses (a) to (c) of
this Article.
54
Description of Instrument Proper Stamp-duty
Exemptions
Transfers by endorsement—
(a) of a bill of exchange, cheque or promissory
note;
(b) of a bill of lading, delivery order, warrant for
goods, or other mercantile document of title to goods;
(c) of a policy of insurance;
(d) of securities of the Central Government. See also
section 8.
63. TRANSFER OF LEASE by way or assignment and
not by way of under-lease.
Exemption
Transfers of any lease exempt from duty.
64.TRUST—
A. — DECLARATION OF—of, or concerning, any
property when made by any writing not being a WILL.
B.— REVOCATION OF—of, or concerning, any
property when made by any instrument other than a WILL.
See also SETTLEMENT (No. 58).
VALUATION, See APPRAISEMENT (No. 8).
VAKIL, See ENTRY AS A VAKIL (No. 30).
65. WARRANT FOR GOODS, that is to say, any
instrument evidencing the title of any person therein named,
or his assigns, or the holder thereof, to the property in any
goods lying in or upon any dock, warehouse or wharf, such
instrument being signed or certified by or on behalf of the
person in whose custody such goods may be.
The same duty as a Conveyance (No. 23)
for a consideration equal to the amount of
the consideration for the transfer.
The same duty as a Bond (No. 15) for a
sum equal to the amount or value of the
property concerned as set forth in the
instrument but not exceeding fifteen
rupees.
The same duty as a Bond (No. 15) for a
sum equal to the amount or value of the
property concerned as set forth in the
instrument but not exceeding ten rupees.
Four annas.
SCHEDULE II.— [Enactments repealed.] Rep. by the Repealing and Amending Act, 1914 (10 of 1914),
s. 3 and the Second Sch.

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THE INDIAN EVIDENCE ACT, 1872

1
THE INDIAN EVIDENCE ACT, 1872
_________
ARRANGEMENT OF SECTIONS
__________
Preamble. PART I
RELEVANCY OF FACTS
CHAPTER I. –– PRELIMINARY
SECTIONS
1. Short title.
Extent.
Commencement of Act.
2. [Repealed.]
3. Interpretation-clause.
―Court‖.
―Fact‖.
― Relevant‖.
―Facts in issue‖.
―Document‖.
―Evidence‖.
―Proved‖.
―Disproved‖.
―Not proved‖.
―India‖.
4. ― May Presume‖.
―Shall presume‖.
―Conclusive proof‖.
CHAPTER II. –– OF THE RELEVANCY OF FACTS
5. Evidence may be given of facts in issue and relevant facts.
6. Relevancy of facts forming part of same transaction.
7. Facts which are the occasion, cause or effect of facts in issue.
8. Motive, preparation and previous or subsequent conduct.
9. Facts necessary to explain or introduce relevant facts.
10. Things said or done by conspirator in reference to common design.
11. When facts not otherwise relevant become relevant.
12. In suits for damages, facts tending to enable Court to determine amount are relevant.
13. Facts relevant when right or custom is in question.
2
SECTIONS
14. Facts showing existence of state of mind, or of body, of bodily feeling.
15. Facts bearing on question whether act was accidental or intentional.
16. Existence of course of business when relevant.
ADMISSIONS
17. Admission defined
18. Admission ––
by party to proceeding or his agent;
by suitor in representative character;
by party interested in subject-matter;
by person from whom interest derived.
19. Admissions by persons whose position must be proved as against party to suit.
20. Admissions by persons expressly referred to by party to suit.
21. Proof of admissions against persons making them, and by or on their behalf.
22. When oral admissions as to contents of documents are relevant.
22A. When oral admission as to contents of electronic records are relevant.
23. Admissions in civil cases when relevant.
24. Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding.
25. Confession to police-officer not to be proved.
26. Confession by accused while in custody of Police not to be proved against him.
27. How much of information received from accused, may be proved.
28. Confession made after removal of impression caused by inducement, threat or promise, relevant.
29. Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.
30. Consideration of proved confession affecting person making it and others jointly under trial for
same offence.
31. Admissions not conclusive proof, but may estop.
STATEMENTS BY PERSONS WHO CANNOT BE CALLED AS WITNESSES
32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is
relevant.
When it relates to cause of death;
or is made in course of business;
or against interest of maker;
or gives opinion as to public right or custom, or matters of general interest;
or relates to existence of relationship;
or is made in will or deed relating to family affairs;
or in document relating to transaction mentioned in section 13, clause (a);
or is made by several persons, and expresses feelings relevant to matter in question.
3
SECTIONS
33. Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein
stated.
STATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES
34. Entries in books of account when relevant.
35. Relevancy of entry in public record made in performance of duty.
36. Relevancy of statements in maps, charts and plans.
37. Relevancy of statement as to fact of public nature contained in certain Acts or notifications.
38. Relevancy of statements as to any law contained in law-books.
HOW MUCH OF A STATEMENT IS TO BE PROVED
39. What evidence to be given when statement from part of a conversation, document, electronic
record, book or series of letters or papers.
JUDGMENTS OF COURTS OF JUSTICE WHEN RELEVANT
40. Previous judgments relevant to bar a second suit or trial.
41. Relevancy of certain judgments in probate, etc., jurisdiction.
42. Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41.
43. Judgments, etc., other than those mentioned in sections 40, 41 and 42, when relevant.
44. Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved.
OPINIONS OF THIRD PERSONS WHEN RELEVANT
45. Opinions of experts.
45A. Opinion of Examiner of Electronic Evidence.
46. Facts hearing upon opinions of experts.
47. Opinion as to handwriting, when relevant.
47A. Opinion as to digital signature, when relevant.
48. Opinion as to existence of right or custom, when relevant.
49. Opinion as to usages, tenets, etc., when relevant.
50. Opinion on relationship, when relevant.
51. Grounds of opinion, when relevant.
CHARACTER WHEN RELEVANT
52. In civil cases character to prove conduct imputed, irrelevant.
53. In criminal cases previous good character relevant.
53A. Evidence of character or previous sexual experience not relevant in certain cases.
54. Previous bad character not relevant, except in reply.
55. Character as affecting damages.
PART II
ON PROOF
CHAPTER III.— FACTS WHICH NEED NOT BE PROVED
56. Fact judicially noticeable need not be proved.
4
SECTIONS
57. Facts of which Court must take judicial notice.
58. Facts admitted need not be proved.
CHAPTER IV.—OF ORAL EVIDENCE
59. Proof of facts by oral evidence.
60. Oral evidence must be direct.
CHAPTER V.— OF DOCUMENTARY EVIDENCE
61. Proof of contents of documents.
62. Primary evidence.
63. Secondary evidence.
64. Proof of documents by primary evidence.
65. Cases in which secondary evidence relating to documents may be given.
65A. Special provisions as to evidence relating to electronic record.
65B. Admissibility of electronic records.
66. Rules as to notice to produce.
67. Proof of signature and handwriting of person alleged to have signed or written document
produced.
67A. Proof as to electronic signature.
68. Proof of execution of document required by law to be attested.
69. Proof where no attesting witness found.
70. Admission of execution by party to attested document.
71. Proof when attesting witness denies the execution.
72. Proof of document not required by law to be attested.
73. Comparison of signature, writing or seal with others admitted or proved.
73A. Proof as to verification of digital signature.
PUBLIC DOCUMENTS
74. Public documents.
75. Private documents.
76. Certified copies of public documents.
77. Proof of documents by production of certified copies.
78. Proof of other official documents.
PRESUMPTIONS AS TO DOCUMENTS
79. Presumption as to genuineness of certified copies.
80. Presumption as to documents produced as record of evidence.
81. Presumption as to Gazettes, newspapers, private Acts of Parliament and other documents.
81A. Presumption as to Gazettes in electronic forms.
82. Presumption as to document admissible in England without proof of seal or signature.
5
SECTIONS
83. Presumption as to maps or plans made by authority of Government.
84. Presumption as to collections of laws and reports of decisions.
85. Presumptions as to powers-of-attorney.
85A. Presumption as to electronic agreements.
85B. Presumption as to electronic records and electronic signatures.
85C. Presumption as to electronic signature certificates.
86. Presumption as to certified copies of foreign judicial records.
87. Presumption as to books, maps and charts.
88. Presumption as to telegraphic messages.
88A. Presumption as to electronic messages.
89. Presumption as to due execution, etc., of documents not produced.
90. Presumption as to documents thirty years old.
90A. Presumption as to electronic records five years old.
CHAPTER VI. –– OF THE EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE
91. Evidence of terms of contracts, grants and other dispositions of property reduced to form of
document.
92. Exclusion of evidence of oral agreement.
93. Exclusion of evidence to explain or amend ambiguous document.
94. Exclusion of evidence against application of document to existing facts.
95. Evidence as to document unmeaning in reference to existing facts.
96. Evidence as to application of language which can apply to one only of several persons.
97. Evidence as to application of language to one of two sets of facts, to neither of which the whole
correctly applies.
98. Evidence as to meaning of illegible characters, etc.
99. Who may give evidence of agreement varying terms of document.
100. Saving of provisions of Indian Succession Act relating to wills.
PART III
PRODUCTION AND EFFECT OF EVIDENCE
CHAPTER VII. –– OF THE BURDEN OF PROOF
101. Burden of proof.
102. On whom burden of proof lies.
103. Burden of proof as to particular fact.
104. Burden of proving fact to be proved to make evidence admissible.
105. Burden of proving that case of accused comes within exceptions.
6
SECTIONS
106. Burden of proving fact especially within knowledge.
107. Burden of proving death of person known to have been alive within thirty years.
108. Burden of proving that person is alive who has not been heard of for seven years.
109. Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and
agent.
110. Burden of proof as to ownership.
111. Proof of good faith in transactions where one party is in relation of active confidence.
111A. Presumption as to certain offences.
112. Birth during marriage, conclusive proof of legitimacy.
113. Proof of cession of territory.
113A. Presumption as to abetment of suicide by a married woman.
113B. Presumption as to dowry death.
114. Court may presume existence of certain facts.
114A. Presumption as to absence of consent in certain prosecution for rape
CHAPTER VIII. –– ESTOPPEL
115. Estoppel.
116. Estoppel of tenants and of licensee of person in possession.
117. Estoppel of acceptor of bill of exchange, bailee or licensee.
CHAPTER IX.— OF WITNESSES
118. Who may testify.
119. Witness unable to communicate verbally.
120. Parties to civil suit, and their wives or husbands. Husband or wife of person under criminal trial.
121. Judges and Magistrates.
122. Communications during marriage
123. Evidence as to affairs of State.
124. Official communications.
125. Information as to commission of offences.
126. Professional communications.
127. Section 126 to apply to interpreters, etc.
128. Privilege not waived by volunteering evidence.
129. Confidential communications with legal advisers.
130. Production of title-deeds of witness not a party.
131. Production of documents or electronic records which another person, having possession, could
refuse to produce.
7
SECTIONS
132. Witness not excused from answering on ground that answer will criminate.
Proviso.
133. Accomplice.
134. Number of witnesses.
CHAPTER X. –– OF THE EXAMINATION OF WITNESSES
135. Order of production and examination of witnesses.
136. Judge to decide as to admissibility of evidence.
137. Examination-in-chief.
Cross-examination.
Re-examination.
138. Order of examinations.
Direction of re-examination.
139. Cross-examination of person called to produce a document.
140. Witnesses to character.
141. Leading questions.
142. When they must not be asked.
143. When they may be asked.
144. Evidence as to matters in writing.
145. Cross-examination as to previous statements in writing
146. Questions lawful in cross-examination.
147. When witness to be compelled to answer.
148. Court to decide when question shall be asked and when witness compelled to answer.
149. Question not to be asked without reasonable grounds.
150. Procedure of Court in case of question being asked without reasonable grounds.
151. Indecent and scandalous questions.
152. Questions intended to insult or annoy.
153. Exclusion of evidence to contradict answers to questions testing veracity.
154. Question by party to his own witness.
155. Impeaching credit of witness.
156. Questions tending to corroborate evidence of relevant fact, admissible.
157. Former statements of witness may be proved to corroborate later testimony as to same fact.
158. What matters may be proved in connection with proved statement relevant under
section 32 or 33.
8
SECTIONS
159. Refreshing memory.
When witness may use copy of document to refresh memory.
160. Testimony to facts stated in document mentioned in section159.
161. Right of adverse party as to writing used to refresh memory.
162. Production of documents.
Translation of documents.
163. Giving, as evidence, of document called for and produced on notice.
164. Using, as evidence, of document production of which was refused on notice.
165. Judge’s power to put questions or order production.
166. Power of jury or assessors to put questions.
CHAPTER XI–– OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE
167. No new trial for improper admission or rejection of evidence.
THE SCHEDULE [Repealed.]
9
THE INDIAN EVIDENCE ACT, 1872
ACT NO. 1 OF 18721
[15th March, 1872.]
Preamble.— WHEREAS it is expedient to consolidate, define and amend the law of Evidence; It is
hereby enacted as follows: —
PART I
RELEVANCY OF FACTS
CHAPTER I. –– PRELIMINARY
1. Short title. –– This Act may be called the Indian Evidence Act, 1872.
Extent. –– It extends to the whole of India 2
[except the State of Jammu and Kashmir] and applies to
all judicial proceedings in or before any Court, including Courts-martial, 3
[other than Courts-martial
convened under the Army Act (44 & 45 Vict., c. 58)] 4
[the Naval Discipline [29 & 30 Vict., 109] Act or
5
*** the Indian Navy (Discipline) Act, 1934 (34 of 1934),] 6
[or the Air Force Act (7 Geo. 5, c. 51)] but
not to affidavits7
presented to any Court or officer, nor to proceedings before an arbitrator;
Commencement of Act.––And it shall come into force on the first day of September, 1872.
2. [Repeal of enactments.] –– Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and Schedule.
3. Interpretation-clause.––In this Act the following words and expressions are used in the following
senses, unless a contrary intention appears from the context: ––
―Court‖.––―Court‖ includes all Judges8
and Magistrates9
and all persons, except arbitrators,
legally authorized to take evidence.
―Fact‖.–– ―Fact‖ means and includes –– (1) anything, state of things, or relation of things,
capable of being perceived by the senses;
(2) any mental condition of which any person is conscious.
Illustrations
(a) That there are certain objects arranged in a certain order in a certain place, is a fact.
(b) That a man heard or saw something, is a fact.
(c) That a man said certain words, is a fact.
(d) That a man holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a
particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact.
(e) That a man has a certain reputation, is a fact.

1. The Act has been extended to Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and Schedule, extended to and brought into force
in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Schedule I (w.e.f. 1-7-1965) and to the whole of the Union territory of
Lakshadweep by Reg. 8 of 1965 (w.e.f. 1-10-1967). The Act came into force in Pondicherry on 1-10-1963 vide Reg. 7 of 1963,
s. 3 and Schedule I. The Act has been amended in West Bengal by West Bengal Act 20 of 1960 and in Tamil Nadu by Tamil
Nadu Act 67 of 1979.
2. Subs. by Act 3 of 1951, s. 3 and the Schedule, for ―except Part B States‖.
3. Ins. by Act 18 of 1919, s. 2 and the First Schedule.
4. Ins. by Act 35 of 1934, s. 2 and the Schedule
5. The words ―that Act as modified by‖ Omitted by the A.O. 1950.
6. Ins. by Act 10 of 1927, s. 2 and Schedule I.
7. As to practice relating to affidavits, See the Code of Civil Procedure, 1908 (Act 5 of 1908), s. 30 (c) and Schedule I, Order
XIX, See also the Code of Criminal Procedure, 1973 (Act 2 of 1974), ss. 295 and 297.
8. Cf. the Code of Civil Procedure, 1908 (Act 5 of 1908), s. 2, the Indian Penal Code (Act 45 of 1860), s. 19; and for a definition
of ―District Judge‖, the General Clauses Act, 1897 (10 of 1897), s. 3(17).
9. Cf. the General Clauses Act, 1898 (10 of 1897), s. 3(32) and the Code of Criminal Procedure, 1973 (Act 2 of 1974)
10
―Relevant‖. –– One fact is said to be relevant to another when the one is connected with the other in
any of the ways referred to in the provisions of this Act relating to the relevancy of facts.
―Facts in issue‖.–– The expression ―facts in issue‖ means and includes ––
any fact from which, either by itself or in connection with other facts, the existence,
non-existence, nature or extent of any right, liability, or disability, asserted or denied in any suit or
proceeding, necessarily follows.
Explanation. ––Whenever, under the provisions of the law for the time being in force relating to Civil
Procedure,1
any Court records an issue of fact, the fact to be asserted or denied in the answer to such issue
issue is a fact in issue.
Illustrations
A is accused of the murder of B.
At his trial the following facts may be in issue: ––
That A caused B’s death;
That A intended to cause B’s death;
That A had received grave and sudden provocation from B;
That A, at the time of doing the act which caused B’s death, was, by reason of unsoundness of mind, incapable
of knowing its nature.
―Document‖. ––―Document‖
2means any matter expressed or described upon any substance by
means of letters, figures or marks, or by more than one of those means, intended to be used, or which may
be used, for the purpose of recording that matter.
Illustrations
A writing3
is a document;
3Words printed lithographed or photographed are documents;
A map or plan is a document;
An inscription on a metal plate or stone is a document;
A caricature is a document.
―Evidence‖. ––―Evidence‖ means and includes ––
(1) all statements which the Court permits or requires to be made before it by witnesses, in
relation to matters of fact under inquiry;
such statements are called oral evidence;
(2) 4
[all documents including electronic records produced for the inspection of the Court;]
such documents are called documentary evidence.
―Proved‖. –– A fact is said to be proved when, after considering the matters before it, the Court;
either believes it to exist, or considers its existence so probable that a prudent man ought, under the
circumstances of the particular case, to act upon the supposition that it exists.
―Disproved‖. –– A fact is said to be disproved when, after considering the matters before it, the
Court either believes that it does not exist, or considers its non-existence so probable that a prudent man

1. See now the Code of Civil Procedure, 1908 (Act 5 of 1908); as to the settlement of issues, see Schedule I, order XIV.
2. Cf. the Indian Penal Code (Act 45 of 1860), s. 29 and the General Clauses Act, 1897 (10 of 1897), s. 3 (18).
3. Cf. definition of ―writing‖ in the General Clauses Act, 1897 (10 of 1897), s. 3(65).
4. Subs. by Act 21 of 2000 s. 92 and the Second Schedule, for the words ―all documents produced for the inspection of the
Court‖ (w.e.f. 17-10-2000).
11
ought, under the circumstances of the particular case, to act upon the supposition that it does not exist.
―Not proved‖. –– A fact is said not to be proved when it is neither proved nor disproved.
1
[―India‖. –– ―India‖ means the territory of India excluding the State of Jammu and Kashmir.]
2
[the expressions ―Certifying Authority‖, ―
3
[electronic signature]‖, 4
[(Electronic Signature
Certificate], ―electronic form‖, ―electronic records‖, ―information‖, ―secure electronic record‖, ―secure
digital signature‖ and ―subscriber‖ shall have the meanings respectively assigned to them in the
Information Technology Act, 2000 (21 of 2000).]
4. ―May presume‖. –– Whenever it is provided by this Act that the Court may presume a fact, it may
either regard such fact as proved, unless and until it is disproved, or may call for proof of it.
―Shall presume‖. –– Whenever it is directed by this Act that the Court shall presume a fact, it shall
regard such fact as proved, unless and until it is disproved.
―Conclusive proof‖. –– When one fact is declared by this Act to be conclusive proof of another, the
Court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence to be given
for the purpose of disproving it.
CHAPTER II. –– OF THE RELEVANCY OF FACTS
5. Evidence may be given of facts in issue and relevant facts. –– Evidence may be given in any suit
or proceeding of the existence of non-existence of every fact in issue and of such other facts as are
hereinafter declared to be relevant, and of no others.
Explanation. –– This section shall not enable any person to give evidence of a fact which he is
disentitled to prove by any provision of the law for the time being in force relating to Civil Procedure5
.
Illustrations
(a) A is tried for the murder of B by beating him with a club with the intention of causing his death.
At A’s trial the following facts are in issue: ––
A’s beating B with the club;
A’s causing B’s death by such beating;
A’s intention to cause B’s death.
(b) A suitor does not bring with him, and have in readiness for production at the first hearing of the
case, a bond on which he relies. This section does not enable him to produce the bond or prove its
contents at a subsequent stage of the proceedings, otherwise than in accordance with the conditions
prescribed by the Code of Civil Procedure5
.
6. Relevancy of facts forming part of same transaction. –– Facts which, though not in issue, are so
connected with a fact in issue as to form part of the same transaction, are relevant, whether they occurred
at the same time and place or at different times and places.
Illustrations
(a) A is accused of the murder of B by beating him. Whatever was said or done by A or B or the by-standers at
the beating, or so shortly before or after it as to form part of the transaction, is a relevant fact.

1. Subs. by Act 3 of 1951, s. 3 and the Schedule, for the definitions of ―State‖ and ―States‖ which were ins. by the A.O. 1950.
2. Ins. by Act 21 of 2000, s. 92 and the Second Schedule, (w.e.f. 17-10-2000).
3. Subs. by Act 10 of 2009, s. 52, for ―digital signature‖ (w.e.f. 27-10-2009).
4. Subs. by s. 52, ibid., for ―Digital Signature Certificate‖ (w.e.f. 27-10-2009).
5. See now the Code of Civil Procedure, 1908 (Act 5 of 1908).
12
(b) A is accused of waging war against the 1
[Government of India] by taking part in an armed insurrection in
which property is destroyed, troops are attacked and gaols are broken open. The occurrence of these facts is relevant,
as forming part of the general transaction, though A may not have been present at all of them.
(c) A sues B for a libel contained in a letter forming part of a correspondence. Letters between the parties
relating to the subject out of which the libel arose, and forming part of the correspondence in which it is contained,
are relevant facts, though they do not contain the libel itself.
(d) The question is, whether certain goods ordered from B were delivered to A. The goods were delivered to
several intermediate persons successively. Each delivery is a relevant fact.
7. Facts which are the occasion, cause or effect of facts in issue. –– Facts which are the occasion,
cause or effect, immediate or otherwise, of relevant facts, or facts in issue, or which constitute the state of
things under which they happened, or which afforded an opportunity for their occurrence or transaction,
are relevant.
Illustrations
(a) The question is, whether A robbed B.
The facts that, shortly before the robbery, B went to a fair with money in his possession, and that he showed it,
or mentioned the fact that he had it, to third persons, are relevant.
(b) The question is, whether A murdered B.
Marks on the ground, produced by a struggle at or near the place where the murder was committed, are relevant
facts.
(c) The question is, whether A poisoned B.
The state of B’s health before the symptoms ascribed to poison, and habits of B, known to A, which afforded an
opportunity for the administration of poison, are relevant facts.
8. Motive, preparation and previous or subsequent conduct. –– Any fact is relevant which shows
or constitutes a motive or preparation for any fact in issue or relevant fact.
The conduct of any party, or of any agent to any party, to any suit or proceeding, in reference to such
suit or proceeding, or in reference to any fact in issue therein or relevant thereto, and the conduct of any
person an offence against whom is the subject of any proceeding, is relevant, if such conduct influences
or is influenced by any fact in issue or relevant fact, and whether it was previous or subsequent thereto.
Explanation 1. –– The word ―conduct‖ in this section does not include statements, unless those
statements accompany and explain acts other than statements; but this explanation is not to affect the
relevancy of statements under any other section of this Act.
Explanation 2. –– When the conduct of any person is relevant, any statement made to him or in his
presence and hearing, which affects such conduct, is relevant.
Illustrations
(a) A is tried for the murder of B.
The facts that A murdered C, that B knew that A had murdered C, and that B had tried to extort
money from A by threatening to make his knowledge public, are relevant.
(b) A sues B upon a bond for the payment of money, B denies the making of the bond.

1. Subs. by the A.O. 1950, for ―Queen‖.
13
The fact that, at the time when the bond was alleged to be made, B required money for a particular
purpose, is relevant.
(c) A is tried for the murder of B by poison.
The fact that, before the death of B, A procured poison similar to that which was administered to B,
is relevant.
(d) The question is, whether a certain document is the will of A.
The facts that, not long before, the date of the alleged will, A made inquiry into matters to which the
provisions of the alleged will relate; that he consulted vakils in reference to making the will, and that he
caused drafts of other wills to be prepared, of which he did not approve, are relevant.
(e) A is accused of a crime.
The facts that, either before, or at the time of, or after the alleged crime, A provided evidence which
would tend to give to the facts of the case an appearance favourable to himself, or that he destroyed or
concealed evidence, or prevented the presence or procured the absence of persons who might have been
witnesses, or suborned persons to give false evidence respecting it, are relevant.
(f) The question is, whether A robbed B.
The facts that, after B was robbed, C said in A’s presence –– ―the police are coming to look for the
man who robbed B,‖ and that immediately afterwards A ran away, are relevant.
(g) The question is, whether A owes B rupees 10,000.
The facts that A asked C to lend him money, and that D said to C in A’s presence and hearing–– ―I
advise you not to trust A, for he owes B 10,000 rupees,‖ and that A went away without making any
answer, are relevant facts.
(h) The question is, whether A committed a crime.
The fact that A absconded, after receiving a letter warning him that inquiry was being made for the
criminal, and the contents of the letter, are relevant.
(i) A is accused of a crime.
The facts that, after the commission of the alleged crime, he absconded, or was in possession of
property or the proceeds of property acquired by the crime, or attempted to conceal things which were or
might have been used in committing it, are relevant.
(j) The question is, whether A was ravished.
The facts that, shortly after the alleged rape, she made a complaint relating to the crime, the
circumstances under which, and the terms in which, the complaint was made, are relevant.
The fact that, without making a complaint, she said that she had been ravished is not relevant as
conduct under this section, though it may be relevant as a dying declaration under section 32, clause (1),
or as corroborative evidence under section 157.
(k) The question is, whether A was robbed.
The fact that, soon after the alleged robbery, he made a complaint relating to the offence, the
circumstances under which, and the terms in which, the complaint was made, are relevant.
14
The fact that he said he had been robbed, without making any complaint, is not relevant as conduct
under this section, though it may be relevant as a dying declaration under section 32, clause (1), or as
corroborative evidence under section 157.
9. Facts necessary to explain or introduce relevant facts. –– Facts necessary to explain or
introduce a fact in issue or relevant fact, or which support or rebut an inference suggested by a fact in
issue or relevant fact, or which establish the identity of any thing or person whose identity is relevant, or
fix the time or place at which any fact in issue or relevant fact happened, or which show the relation of
parties by whom any such fact was transacted, are relevant in so far as they are necessary for that purpose.
Illustrations
(a) The question is, whether a given document is the will of A.
The state of A’s property and of his family at the date of the alleged will may be relevant facts.
(b) A sues B for a libel imputing disgraceful conduct to A; B affirms that the matter alleged to be libellous is
true.
The position and relations of the parties at the time when the libel was published may be relevant facts as
introductory to the facts in issue.
The particulars of a dispute between A and B about a matter unconnected with the alleged libel are irrelevant,
though the fact that there was a dispute may be relevant if it affected the relations between A and B.
(c) A is accused of a crime.
The fact that, soon after the commission of the crime, A absconded from his house, is relevant, under section 8,
as conduct subsequent to and affected by facts in issue.
The fact that, at the time when he left home, he had sudden and urgent business at the place to which he went, is
relevant, as tending to explain the fact that he left home suddenly.
The details of the business on which he left are not relevant, except in so far as they are necessary to show that
the business was sudden and urgent.
(d) A sues B for inducing C to break a contract of service made by him with A, C, on leaving A’s service, says
to A –– ―I am leaving you because B has made me a better offer.‖ This statement is a relevant fact as explanatory of
C’s conduct, which is relevant as a fact in issue.
(e) A, accused of theft, is seen to give the stolen property to B, who is seen to give it to A’s wife. B says as he
delivers it––―A says your are to hide this.‖ B’s statement is relevant as explanatory of a fact which is part of the
transaction.
(f) A is tried for a riot and is proved to have marched at the head of a mob. The cries of the mob are relevant as
explanatory of the nature of the transaction.
10. Things said or done by conspirator in reference to common design. –– Where there is reasonable
ground to believe that two or more persons have conspired together to commit an offence or an actionable
wrong, anything said, done or written by any one of such persons in reference to their common intention, after
the time when such intention was first entertained by any one of them, is a relevant fact as against each of the
persons believed to be so conspiring, as well for the purpose of proving the existence of the conspiracy as for
the purpose of showing that any such person was a party to it.
15
Illustrations
Reasonable ground exists for believing that A has joined in a conspiracy to wage war against the 1
[Government
of India].
The facts that B procured arms in Europe for the purpose of the conspiracy, C collected money in Calcutta for a
like object, D persuaded persons to join the conspiracy in Bombay, E published writings advocating the object in
view at Agra, and F transmitted from Delhi to G at Kabul the money which C had collected at Calcutta, and the
contents of a letter written by H giving an account of the conspiracy, are each relevant, both to prove the existence
of the conspiracy, and to prove A’s complicity in it, although he may have been ignorant of all of them, and
although the persons by whom they were done were strangers to him, and although they may have taken place
before he joined the conspiracy or after he left it.
11. When facts not otherwise relevant become relevant.–– Facts not otherwise relevant are
relevant ––
(1) if they are inconsistent with any fact in issue or relevant fact;
(2) if by themselves or in connection with other facts they make the existence or non-existence of
any fact in issue or relevant fact highly probable or improbable.
Illustrations
(a) The question is, whether A committed a crime at Calcutta on a certain day.
The fact that, on that day, A was at Lahore is relevant.
The fact that, near the time when the crime was committed, A was at a distance from the place where it was
committed, which would render it highly improbable, though not impossible, that he committed it, is relevant.
(b) The question is, whether A committed a crime.
The circumstances are such that the crime must have been committed either by A, B, C or D. Every fact which
shows that the crime could have been committed by no one else, and that it was not committed by either B, C or D,
is relevant.
12. In suits for damages, facts tending to enable Court to determine amount are relevant. –– In
suits in which damages are claimed, any fact which will enable the Court to determine the amount of
damages which ought to be awarded is relevant.
13. Facts relevant when right or custom is in question. –– Where the question is as to the existence
of any right or custom, the following facts are relevant: ––
(a) any transaction by which the right or custom in question was created, claimed, modified,
recognized, asserted or denied, or which was inconsistent with its existence;
(b) particular instances in which the right or custom was claimed, recognized or exercised, or in
which its exercise was disputed, asserted or departed from.

1. Subs. by the A.O. 1950, for ―Queen‖.
16
Illustrations
The question is, whether A has a right to a fishery.
A deed conferring the fishery on A’s ancestors, a mortgage of the fishery by A’s father, a subsequent grant of
the fishery by A’s father, irreconcilable with the mortgage, particular instances in which A’s father exercised the
right, or in which the exercise of the right was stopped by A’s neighbours, are relevant facts.
14. Facts showing existence of state of mind, or of body of bodily feeling. –– Facts showing the
existence of any state of mind such as intention, knowledge, good faith, negligence, rashness, ill-will or
good-will towards any particular person, or showing the existence of any state of body or bodily feeling
are relevant, when the existence of any such state of mind or body or bodily feeling, is in issue or
relevant.
1
[Explanation 1. –– A fact relevant as showing the existence of a relevant state of mind must show
that the state of mind exists, not generally, but in reference to the particular matter in question.
Explanation 2. –– But where, upon the trial of a person accused of an offence, the previous
commission by the accused of an offence is relevant within the meaning of this section, the previous
conviction of such person shall also be a relevant fact.]
Illustrations
(a) A is accused of receiving stolen goods knowing them to be stolen. It is proved that he was in possession of a
particular stolen article.
The fact that, at the same time, he was in possession of many other stolen articles is relevant, as tending to show
that he knew each and all of the articles of which he was in possession to be stolen.
2
[(b) A is accused of fraudulently delivering to another person a counterfeit coin which, at the time when he
delivered it, he knew to be counterfeit.
The fact that, at the time of its delivery, A was possessed of a number of other pieces of counterfeit coin is
relevant.
The fact that A had been previously convicted of delivering to another person as genuine a counterfeit coin
knowing it to be counterfeit is relevant.]
(c) A sues B for damage done by a dog of B’s, which B knew to be ferocious.
The fact that the dog had previously bitten X, Y and Z, and that they had made complaints to B, are relevant.
(d) The question is, whether A, the acceptor of a bill of exchange, knew that the name of a payee was fictitious.
The fact that A had accepted other bills drawn in the same manner before they could have been transmitted to
him by the payee if the payee had been a real person, is relevant, as showing that A knew that the payee was a
fictitious person.
(e) A is accused of defaming B by publishing an imputation intended to harm the reputation of B.
The fact of previous publications by A respecting B, showing ill-will on the part of A towards B, is relevant, as
proving A’s intention to harm B’s reputation by the particular publication in question.

1. Subs. by Act 3 of 1891, s. 1(I), for the Original Explanation.
2. Subs. by s. 1 (2), ibid. for the original Illustration (b).
17
The facts that there was no previous quarrel between A and B, and that A repeated the matter complained of as
he heard it, are relevant, as showing that A did not intend to harm the reputation of B.
(f) A is sued by B for fraudulently representing to B that C was solvent, whereby B, being induced to trust C,
who was insolvent, suffered loss.
The fact that, at the time when A represented C to be solvent, C was supposed to be solvent by his neighbours
and by persons dealing with him, is relevant, as showing that A made the representation in good faith.
(g) A is sued by B for the price of work done by B, upon a house of which A is owner, by the order of C, a
contractor.
A’s defence is that B’s contract was with C.
The fact that A paid C for the work in question is relevant, as proving that A did, in good faith, make over to C
the management of the work in question, so that C was in a position to contract with B on C’s own account, and not
as agent for A.
(h) A is accused of the dishonest misappropriation of property which he had found, and the question is whether,
when he appropriated it, he believed in good faith that the real owner could not be found.
The fact that public notice of the loss of the property had been given in the place where A was, is relevant, as
showing that A did not in good faith believe that the real owner of the property could not be found.
The fact that A knew, or had reason to believe, that the notice was given fraudulently by C, who had heard of
the loss of the property and wished to set up a false claim to it, is relevant, as showing that the fact that A knew of
the notice did not disprove A’s good faith.
(i) A is charged with shooting at B with intent to kill him. In order to show A’s intent the fact of A’s having
previously shot at B may be proved.
(j) A is charged with sending threatening letters to B. Threatening letters previously sent by A to B may be
proved, as showing the intention of the letters.
(k) The question is, whether A has been guilty of cruelty towards B, his wife.
Expressions of their feeling towards each other shortly before or after the alleged cruelty are relevant facts.
(l) The question is whether A’s death was caused by poison.
Statements made by A during his illness as to his symptoms are relevant facts.
(m) The question is, what was the state of A’s health at the time when an assurance on his life was effected.
Statements made by A as to the state of his health at or near the time in question are relevant facts.
(n) A sues B for negligence in providing him with a carriage for hire not reasonably fit for use, whereby A was
injured.
The fact that B’s attention was drawn on other occasions to the defect of that particular carriage is relevant.
The fact that B was habitually negligent about the carriages which he let to hire is irrelevant.
(o) A is tried for the murder of B by intentionally shooting him dead.
The fact that A on other occasions shot at B is relevant as showing his intention to shoot B.
18
The fact that A was in the habit of shooting at people with intent to murder them is irrelevant.
(p) A is tried for a crime.
The fact that he said something indicating an intention to commit that particular crime is relevant.
The fact that he said something indicating a general disposition to commit crimes of that class is
irrelevant.
15. Facts bearing on question whether act was accidental or intentional. –– When there is a
question whether an act was accidental or intentional, 1
[or done with a particular knowledge or intention,]
the fact that such act formed part of a series of similar occurrences, in each of which the person doing the
act was concerned, is relevant.
Illustrations
(a) A is accused of burning down his house in order to obtain money for which it is insured.
The facts that A lived in several houses successively each of which he insured, in each of which a fire occurred,
and after each of which fires A received payment from a different insurance office, are relevant, as tending to show
that the fires were not accidental.
(b) A is employed to receive money from the debtors of B. It is A’s duty to make entries in a book showing the
amounts received by him. He makes an entry showing that on a particular occasion he received less than he really
did receive.
The question is, whether this false entry was accidental or intentional.
The facts that other entries made by A in the same book are false, and that the false entry is in each case in
favour of A, are relevant.
(c) A is accused of fraudulently delivering to B a counterfeit rupee.
The question is, whether the delivery of the rupee was accidental.
The facts that, soon before or soon after the delivery to B, A delivered counterfeit rupees to C, D and E are
relevant, as showing that the delivery to B was not accidental
16. Existence of course of business when relevant.––When there is a question whether a particular
act was done, the existence of any course of business, according to which it naturally would have been
done, is a relevant fact.
Illustrations
(a) The question is, whether a particular letter was despatched.
The facts that it was the ordinary course of business for all letters put in a certain place to be carried to the post,
and that that particular letter was put in that place are relevant.
(b) The question is, whether a particular letter reached A. The facts that it was posted in due course, and was not
returned through the Dead Letter Office, are relevant.

1. Ins. by Act 3 of 1891, s. 2.
19
ADMISSIONS
17. Admission defined.––An admission is a statement, 1
[oral or documentary or contained in
electronic form], which suggests any inference as to any fact in issue or relevant fact, and which is made
by any of the persons, and under the circumstances, hereinafter mentioned.
18. Admission––by party to proceeding or his agent. –– Statements made by a party to the
proceeding, or by an agent to any such party, whom the Court regards, under the circumstances of the
case, as expressly or impliedly authorized by him to make them, are admissions.
by suitor in representative character. –– Statements made by parties to suits suing or sued in a
representative character, are not admissions, unless they were made while the party making them held that
character.
Statements made by ––
(1) by party interested in subject-matter.–– persons who have any proprietary or pecuniary interest
in the subject-matter of the proceeding, and who make the statement in their character of persons so
interested, or
(2) by person from whom interest derived.–– persons from whom the parties to the suit have
derived their interest in the subject-matter of the suit,
are admissions, if they are made during the continuance of the interest of the persons making the
statements.
19. Admissions by persons whose position must be proved as against party to suit. –– Statements
made by persons whose position or liability, it is necessary to prove as against any party to the suit, are
admissions if such statements would be relevant as against such persons in relation to such position or
liability in a suit brought by or against them, and they are made whilst the person making them occupies
such position or is subject to such liability.
Illustration
A undertakes to collect rents for B.
B sues A for not collecting rent due from C to B.
A denies that rent was due from C to B.
A statement by C that he owed B rent is an admission, and is are levant fact as against A, if A denies that C did
owe rent to B.
20. Admissions by persons expressly referred to by party to suit. –– Statements made by persons
to whom a party to the suit has expressly referred for information in reference to a matter in dispute are
admissions.
Illustration
The question is, whether a horse sold by A to B is sound.
A says to B –– ―Go and ask C, C knows all about it.‖ C’s statement is an admission.
21. Proof of admissions against persons making them, and by or on their behalf. –– Admissions
are relevant and may be proved as against the person who makes them or his representative in interest;
but they cannot be proved by or on behalf of the person who makes them or by his representative in
interest, except in the following cases: ––

1. Subs. by Act 21 of 2000, s. 92 and the Second Schedule, for ―oral or documentary,‖ (w.e.f. 17-10-2000).
20
(1) An admission may be proved by or on behalf of the person making it, when it is of such a nature
that, if the person making it were dead, it would be relevant as between third persons under section 32.
(2) An admission may be proved by or on behalf of the person making it, when it consists of a
statement of the existence of any state of mind or body, relevant or in issue, made at or about the time
when such state of mind or body existed, and is accompanied by conduct rendering its falsehood
improbable.
(3) An admission may be proved by or on behalf of the person making it, if it is relevant otherwise
than as an admission.
Illustrations
(a) The question between A and B is whether a certain deed is or is not forged. A affirms that it is genuine, B
that it is forged.
A may prove a statement by B that the deed is genuine, and B may prove a statement by A that deed is forged;
but A cannot prove a statement by himself that the deed is genuine, nor can B prove a statement by himself that the
deed is forged.
(b) A, the captain of a ship, is tried for casting her away.
Evidence is given to show that the ship was taken out of her proper course.
A produces a book kept by him in the ordinary course of his business showing observations alleged to have
been taken by him from day to day, and indicating that the ship was not taken out of her proper course. A may prove
these statements, because they would be admissible between third parties, if he were dead, under section 32, clause
(2).
(c) A is accused of a crime committed by him at Calcutta.
He produces a letter written by himself and dated at Lahore on that day, and bearing the Lahore post-mark of
that day.
The statement in the date of the letter is admissible, because, if A were dead, it would be admissible under
section 32, clause (2).
(d) A is accused of receiving stolen goods knowing them to be stolen.
He offers to prove that he refused to sell them below their value.
A may prove these statements, though they are admissions, because they are explanatory of conduct influenced
by facts in issue.
(e) A is accused of fraudulently having in his possession counterfeit coin which he knew to be counterfeit.
He offers to prove that he asked a skilful person to examine the coin as he doubted whether it was counterfeit or
not, and that that person did examine it and told him it was genuine.
A may prove these facts for the reasons stated in the last preceding illustration.
22. When oral admissions as to contents of documents are relevant. –– Oral admissions as to the
contents of a document are not relevant, unless and until the party proposing to prove them shows that he
is entitled to give secondary evidence of the contents of such document under the rules hereinafter
contained, or unless the genuineness of a document produced is in question.
21
1
[22A. When oral admission as to contents of electronic records are relevant. –– Oral admissions
as to the contents of electronic records are not relevant, unless the genuineness of the electronic record
produced is in question.]
23. Admissions in civil cases when relevant. –– In civil cases no admission is relevant, if it is made
either upon an express condition that evidence of it is not to be given, or under circumstances from which
the Court can infer that the parties agreed together that evidence of it should not be given.
Explanation. –– Nothing in this section shall be taken to exempt any barrister, pleader, attorney or
vakil from giving evidence of any matter of which he may be compelled to give evidence under
section 126.
24. Confession caused by inducement, threat or promise, when irrelevant in criminal
proceeding.–– A confession made by an accused person is irrelevant in a criminal proceeding, if the
making of the confession appears to the Court to have been caused by any inducement, threat or 2
promise
having reference to the charge against the accused person, proceeding from a person in authority and
sufficient, in the opinion of the Court, to give the accused person grounds which would appear to him
reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal
nature in reference to the proceedings against him.
25. Confession to police-officer not to be proved. –– No confession made to a police-officer3
, shall
be proved as against a person accused of any offence.
26. Confession by accused while in custody of police not to be proved against him. –– No
confession made by any person whilst he is in the custody of a police-officer, unless it be made in the
immediate presence of a Magistrate, shall be proved as against such person.
4
[Explanation. –– In this section ―Magistrate‖ does not include the head of a village discharging
magisterial functions in the Presidency of Fort St. George 5
*** or elsewhere, unless such headman is a
Magistrate exercising the powers of a Magistrate under the Code of Criminal Procedure,
18826
(10 of 1882).]
27. How much of information received from accused may be proved. –– Provided that, when any
fact is deposed to as discovered inconsequence of information received from a person accused of any
offence, in the custody of a police-officer, so much of such information, whether it amounts to a
confession or not, as relates distinctly to the fact thereby discovered, may be proved.
28. Confession made after removal of impression caused by inducement, threat or promise,
relevant. –– If such a confession as is referred to in section 24 is made after the impression caused by any
such inducement, threat or promise has, in the opinion of the Court, been fully removed, it is relevant.
29. Confession otherwise relevant not to become irrelevant because of promise of secrecy,
etc.–– If such a confession is otherwise relevant, it does not become irrelevant merely because it was
made under a promise of secrecy, or in consequence of a deception practiced on the accused person for
the purpose of obtaining it, or when he was drunk, or because it was made in answer to questions which
he need not have answered, whatever may have been the form of those questions, or because he was not
warned that he was not bound to make such confession, and that evidence of it might be given against
him.

1. Ins. by Act 21 of 2000, s. 92 and the Second Schedule (w.e.f. 17-10-2000).
2. For prohibition of such inducements, etc., see the Code of Criminal Procedure, 1973 (Act of 1974), s. 316.
3. As to statements made to police-officer investigating a case, see s. 162 of the Code of Criminal Procedure, 1973 (2 of 1974).
4. Ins. by Act 3 of 1891, s. 3.
5. The words ―or in Burma‖ rep. by the A.O. 1937.
6. See now the Code of Criminal Procedure, 1973 (Act 2 of 1974).
22
30. Consideration of proved confession affecting person making it and others jointly under trial
for same offence. –– When more persons than one are being tried jointly for the same offence, and a
confession made by one of such persons affecting himself and some other of such persons is proved, the
Court may take into consideration such confession as against such other person as well as against the
person who makes such confession.
1
[Explanation. ––―Offence‖ as used in this section, includes the abetment of, or attempt to commit,
the offence.]
2
Illustrations
(a) A and B are jointly tried for the murder of C. It is proved that A said ––―B and I murdered C‖.
The Court may consider the effect of this confession as against B.
(b) A is on his trial for the murder of C. There is evidence to show that C was murdered by A and B,
and that B said –– ―A and I murdered C‖.
This statement may not be taken into consideration by the Court against A, as B is not being jointly
tried.
31. Admissions not conclusive proof, but may estop. –– Admissions are not conclusive proof of the
matters admitted but they may operate as estoppels under the provisions hereinafter contained.
STATEMENTS BY PERSONS WHO CANNOT BE CALLED AS WITNESSES
32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is
relevant. –– Statements, written or verbal, of relevant facts made by a person who is dead, or who cannot be
found, or who has become incapable of giving evidence, or whose attendance cannot be procured without an
amount of delay or expense which under the circumstances of the case appears to the Court unreasonable, are
themselves relevant facts in the following cases: ––
(1) When it relates to cause of death. –– When the statement is made by a person as to the cause of
his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which
the cause of that person’s death comes into question.
Such statements are relevant whether the person who made them was or was not, at the time when
they were made, under expectation of death, and whatever may be the nature of the proceeding in which
the cause of his death comes into question.
(2) or is made in course of business. –– When the statement was made by such person in the
ordinary course of business, and in particular when it consists of any entry or memorandum made by him
in books kept in the ordinary course of business, or in the discharge of professional duty; or of an
acknowledgement written or signed by him of the receipt of money, goods, securities or property of any
kind; or of a document used in commerce written or signed by him; or of the date of a letter or other
document usually dated, written or signed by him.
(3) or against interest of maker.–– When the statement is against the pecuniary or proprietary
interest of the person making it, or when, if true, it would expose him or would have exposed him to a
criminal prosecution or to a suit for damages.
(4) or gives opinion as to public right or custom, or matters of general interest. –– When the
statement gives the opinion of any such person, as to the existence of any public right or custom or matter
of public or general interest, of the existence of which, if it existed, he would have been likely to be

1. Ins. by Act 3 of 1891, s. 4.
2. Cf. the Indian Penal Code (Act 45 of 1860), Explanation 4 to s. 108.
23
aware, and when such statement was made before any controversy as to such right, custom or matter
had arisen.
(5) or relates to existence of relationship.–– When the statement relates to the existence of any
relationship 1
[by blood, marriage or adoption] between persons as to whose relationship 1
[by blood,
marriage or adoption] the person making the statement had special means of knowledge, and when the
statement was made before the question in dispute was raised.
(6) or is made in will or deed relating to family affairs.–– When the statement relates to the
existence of any relationship 1
[by blood, marriage or adoption] between persons deceased, and is made in
any will or deed relating to the affairs of the family to which any such deceased person belonged, or in
any family pedigree, or upon any tombstone, family portrait or other thing on which such statements are
usually made, and when such statement was made before the question in dispute was raised.
(7) or in document relating to transaction mentioned in section 13, clause (a). –– When the
statement is contained in any deed, will or other document which relates to any such transaction as is
mentioned in section 13, clause (a).
(8) or is made by several persons and expresses feelings relevant to matter in question. –– When
the statement was made by a number of persons, and expressed feelings or impressions on their part
relevant to the matter in question.
Illustrations
(a) The question is, whether A was murdered by B; or
A dies of injuries received in a transaction in the course of which she was ravished. The question is
whether she was ravished by B; or
The question is, whether A was killed by B under such circumstances that a suit would lie against B by A’s
widow.
Statements made by A as to the cause of his or her death, referring respectively to the murder, the rape and
the actionable wrong under consideration, are relevant facts.
(b) The question is as to the date of A’s birth.
An entry in the diary of a deceased surgeon regularly kept in the course of business, stating that, on a given day
he attended A’s mother and delivered her of a son, is a relevant fact.
(c) The question is, whether A was in Calcutta on a given day.
A statement in the diary of a deceased solicitor, regularly kept in the course of business, that on a given day
the solicitor attended A at a place mentioned, in Calcutta, for the purpose of conferring with him upon specified
business, is a relevant fact.
(d) The question is, whether a ship sailed from Bombay harbour on a given day.
A letter written by a deceased member of a merchant’s firm by which she was chartered to their correspondents
in London, to whom the cargo was consigned, stating that the ship sailed on a given day from Bombay harbour, is a
relevant fact.
(e) The question is, whether rent was paid to A for certain land.
A letter from A’s deceased agent to A, saying that he had received the rent on A’s account and held it at A’s
orders is a relevant fact.

1. Ins. by Act 18 of 1872, s. 2.
24
(f) The question is, whether A and B were legally married.
The statement of a deceased clergyman that he married them under such circumstances that the celebration
would be a crime, is relevant.
(g) The question is, whether A, a person who cannot be found, wrote a letter on a certain day. The fact that a
letter written by him is dated on that day is relevant.
(h) The question is, what was the cause of the wreck of a ship.
A protest made by the Captain, whose attendance cannot be procured, is a relevant fact.
(i) The question is, whether a given road is a public way.
A statement by A, a deceased headman of the village, that the road was public, is a relevant fact.
(j) The question is, what was the price of grain on a certain day in a particular market.
A statement of the price, made by a deceased banya in the ordinary course of his business, is a relevant fact.
(k) The question is, whether A, who is dead, was the father of B.
A statement by A that B was his son, is a relevant fact.
(l) The question is, what was the date of the birth of A.
A letter from A’s deceased father to a friend, announcing the birth of A on a given day, is a relevant fact.
(m) The question is, whether, and when, A and B were married.
An entry in a memorandum book by C, the deceased father of B, of his daughter’s marriage with A on a given
date, is a relevant fact.
(n) A sues B for a libel expressed in a painted caricature exposed in a shop window. The question is as to the
similarity of the caricature and its libellous character. The remarks of a crowd of spectators on these points may be
proved.
33. Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts
therein stated. –– Evidence given by a witness in a judicial proceeding, or before any person authorized
by law to take it, is relevant for the purpose of proving, in a subsequent judicial proceeding, or in a later
stage of the same judicial proceeding, the truth of the facts which it states, when the witness is dead or
cannot be found, or is incapable of giving evidence, or is kept out of the way by the adverse party, or if
his presence cannot be obtained without an amount of delay or expense which, under the circumstances of
the case, the Court considers unreasonable:
Provided ––
that the proceeding was between the same parties or their representatives in interest; that the adverse
party in the first proceeding had the right and opportunity to cross-examine;
that the questions in issue were substantially the same in the first as in the second proceeding.
Explanation. –– A criminal trial or inquiry shall be deemed to be a proceeding between the prosecutor
and the accused within the meaning of this section.
25
STATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES
34. Entries in books of account when relevant. ––
1
[Entries in books of account, including those
maintained in an electronic from], regularly kept in the course of business, are relevant whenever they
refer to a matter into which the Court has to inquire, but such statements shall not alone be sufficient
evidence to charge any person with liability.
Illustration
A sues B for Rs. 1,000, and shows entries in his account books showing B to be indebted to him to this amount.
The entries are relevant, but are not sufficient, without other evidence, to prove the debt.
35. Relevancy of entry in public record made in performance of duty. –– An entry in any public
or other official book, register or 2
[record or an electronic record], stating a fact in issue or relevant fact,
and made by a public servant in the discharge of his official duty, or by any other person in performances
of a duty specially enjoined by the law of the country in which such book, register or 2
[record or an
electronic record], is kept, is itself a relevant fact.
36. Relevancy of statements in maps, charts and plans. –– Statements of facts in issue or relevant
facts, made in published maps or charts generally offered for public sale, or in maps or plans made under
the authority of the 3
[the Central Government or any State Government], as to matters usually represented
or stated in such maps, charts or plans, are themselves relevant facts.
37. Relevancy of statement as to fact of public nature contained in certain Acts or
notifications. –– When the Court has to form an opinion as to the existence of any fact of a public nature,
any statement of it, made in a recital contained in any Act of Parliament 4
[of the United Kingdom] or in
any 5
[Central Act, Provincial Act] or 6
[a State Act] or in a Government notification or notification by the
Crown Representative appearing in the Official Gazette or in any printed paper purporting to be the
London Gazette or the Government Gazette of any Dominion, colony or possession of his Majesty is a
[relevant fact].
7
* * * * *
38. Relevancy of statements as to any law contained in law-books. –– When the Court has to form
an opinion as to a law of any country, any statement of such law contained in a book purporting to be
printed or published under the authority of the Government of such country and to contain any such law,
and any report of a ruling of the Courts of such country contained in a book purporting to be a report of
such rulings, is relevant.
HOW MUCH OF A STATEMENT IS TO BE PROVED
8
[39. What evidence to be given when statement forms part of a conversation, document,
electronic record, book or series of letters or papers.––When any statement of which evidence is given

1. Subs. by Act 21 of 2000, s. 92 and the Second Schedule, for ―entries in the books of account‖ (w.e.f. 17-10-2000).
2. Subs. by s. 92 and the Second Schedule, ibid., for ―record‖ (w.e.f. 17-10-2000).
3. Subs. by the A.O. 1948, for ―any Government, in British India‖.
4. Ins. by the A. O. 1950.
5. The original words were ―Act of the Governor General of India in Council or of the Governors in Council of
Madras or Bombay, or of the Lieutenant Governor in Council of Bengal, or in a notification of the Government.
Appearing in the Gazette of India, or in the Gazette of any L.G., or in any printed paper purporting to be the
London Gazette or the Government. Gazette of any colony or possession of the Queen, is a relevant fact‖. This
was amended first by the Repealing and Amending Act, 1914 (10 of 1914), and then by the A.O. 1937, the A.O.
1948 and the A.O. 1950, to read as above.
6. Subs. by Act 3 of 1951, s. 3 and the Schedule, for ―an Act of the Legislature of a Part A State or a Part C State‖.
7. The ―Last paragraph‖ omitted by Act 10 of 1914, s. 3 and the Second Schedule.
8. Subs. by Act 21 of 2000, s. 92 and the Second Schedule, for ―s. 39‖ (w.e.f. 17-10-2000).
26
forms part of a longer statement, or of a conversation or part of an isolated document, or is contained in a
document which forms part of a book, or is contained in part of electronic record or of a connected series
of letters or papers, evidence shall be given of so much and no more of the statement, conversation,
document, electronic record, book or series of letters or papers as the Court considers necessary in that
particular case to the full understanding of the nature and effect of the statement, and of the circumstances
under which it was made.]
JUDGMENTS OF COURTS OF JUSTICE WHEN RELEVANT
40. Previous judgments relevant to bar a second suit or trial. –– The existence of any judgment,
order or decree which by law prevents any Court from taking cognizance of a suit or holding a trial, is a
relevant fact when the question is whether such Court ought to take cognizance of such suit or to hold
such trial.
41. Relevancy of certain judgments in probate, etc., jurisdiction. –– A final judgment, order or
decree of a competent Court, in the exercise of probate, matrimonial, admiralty or insolvency jurisdiction,
which confers upon or takes away from any person any legal character, or which declares any person to
be entitled to any such character, or to be entitled to any specific thing, not as against any specified person
but absolutely, is relevant when the existence of any such legal character, or the title of any such person to
any such thing, is relevant.
Such judgment, order or decree is conclusive proof ––
that any legal character which it confers accrued at the time when such judgment, order or decree
came into operation;
that any legal character, to which it declares any such person to be entitled, accrued to that person at
the time when such judgment 1
[order or decree] declares it to have accrued to that person;
that any legal character which it takes away from any such person ceased at the time from which such
judgment, 1
[order or decree] declared that it had ceased or should cease;
and that anything to which it declares any person to be so entitled was the property of that person at
the time from which such judgment, 1
[order or decree] declares that it had been or should be his property.
42. Relevancy and effect of judgments, orders or decrees, other than those mentioned in
section 41. –– Judgments, orders or decrees other than those mentioned in section 41 are relevant if they
relate to matters of a public nature relevant to the enquiry; but such judgments, orders or decrees are not
conclusive proof of that which they state.
Illustration
A sues B for trespass on his land. B alleges the existence of a public right of way over the land, which A denies.
The existence of a decree in favour of the defendant, in a suit by A against C for a trespass on the same land, in
which C alleged the existence of the same right of way, is relevant, but it is not conclusive proof that the right of
way exists.
43. Judgments, etc., other than those mentioned in sections 40, 41 and 42, when relevant. ––
Judgments, orders or decrees, other than those mentioned in sections 40, 41 and 42, are irrelevant, unless
the existence of such judgment, order or decree, is a fact in issue, or is relevant under some other
provision of this Act.

1. Ins. by Act 18 of 1872, s. 3.
27
Illustrations
(a) A and B separately sue C for a libel which reflects upon each of them. C in each case says that the
matter alleged to be libellous is true, and the circumstances are such that it is probably true in each case,
or in neither.
A obtains a decree against C for damages on the ground that C failed to make out his justification.
The fact is irrelevant as between B and C.
(b) A prosecutes B for adultery with C, A’s wife.
B denies that C is A’s wife, but the Court convicts B of adultery.
Afterwards, C is prosecuted for bigamy in marrying B during A’s lifetime.
C says that she never was A’s wife.
The judgment against B is irrelevant as against C.
(c) A prosecutes B for stealing a cow from him. B is convicted.
A afterwards sues C for the cow, which B had sold to him before his conviction. As between A and
C, the judgment against B is irrelevant.
(d) A has obtained a decree for the possession of land against B. C, B’s son, murders A in
consequence.
The existence of the judgment is relevant, as showing motive for a crime.
1
[(e) A is charged with theft and with having been previously convicted of theft. The previous
conviction is relevant as a fact in issue.
(f) A is tried for the murder of B. The fact that B prosecuted A for libel and that A was convicted and
sentenced is relevant under section 8 as showing the motive for the fact in issue.]
44. Fraud or collusion in obtaining judgment, or incompetency of Court, may be
proved. –– Any party to a suit or other proceeding may show that any judgment, order or decree which is
relevant under section 40, 41 or 42, and which has been proved by the adverse party, was delivered by a
Court not competent to deliver it, or was obtained by fraud or collusion.
OPINIONS OF THIRD PERSONS WHEN RELEVANT
45. Opinions of experts. –– When the Court has to form an opinion upon a point of foreign law or of
science, or art, or as to identity of handwriting,
2
[or finger impressions], the opinions upon that point of
persons specially skilled in such foreign law, science or art, 3
[or in questions as to identity of handwriting]
2
[or finger impressions] are relevant facts.
Such persons are called experts.
Illustrations
(a) The question is, whether the death of A was caused by poison.
The opinions of experts as to the symptoms produced by the poison by which A is supposed to have
died, are relevant.

1. Ins. by Act 3 of 1891, s. 5.
2. Ins. by Act 5 of 1899, s. 3 For discussion in Council as to whether ―finger impressions‖ include ―thumb
impressions‖ see Gazette of India, 1898, pt VI, p. 24.
3. Ins. by Act 18 of 1872, s. 4.
28
(b) The question is, whether A, at the time of doing a certain act, was, by reason of unsoundness of
mind, incapable of knowing the nature of the act, or that he was doing what was either wrong or contrary
to law.
The opinions of experts upon the question whether the symptoms exhibited by A commonly show
unsoundness of mind, and whether such unsoundness of mind usually renders persons incapable of
knowing the nature of the acts which they do, or of knowing that what they do is either wrong or contrary
to law, are relevant.
(c) The question is, whether a certain document was written by A. Another document is produced
which is proved or admitted to have been written by A.
The opinions of experts on the question whether the two documents were written by the same person
or by different persons, are relevant.
1
[45A. Opinion of Examiner of Electronic Evidence.— When in a proceeding, the court has to
form an opinion on any matter relating to any information transmitted or stored in any computer resource
or any other electronic or digital form, the opinion of the Examiner of Electronic Evidence referred to in
section 79A of the Information Technology Act, 2000 (21 of 2000), is a relevant fact.
Explanation.—For the purposes of this section, an Examiner of Electronic Evidence shall be an
expert.]
46. Facts bearing upon opinions of experts. –– Facts, not otherwise relevant, are relevant if they
support or are inconsistent with the opinions of experts, when such opinions are relevant.
Illustrations
(a) The question is, whether A was poisoned by a certain poison.
The fact that other persons, who were poisoned by that poison, exhibited certain symptoms which
experts affirm or deny to be the symptoms of that poison, is relevant.
(b) The question is, whether an obstruction to a harbour is caused by a certain sea-wall.
The fact that other harbours similarly situated in other respects, but where there were no such
sea-walls, began to be obstructed at about the same time, is relevant.
47. Opinion as to hand-writing, when relevant. –– When the Court has to form an opinion as to the
person by whom any document was written or signed, the opinion of any person acquainted with the
handwriting of the person by whom it is supposed to be written or signed that it was or was not written or
signed by that person, is a relevant fact.
Explanation. ––A person is said to be acquainted with the handwriting of another person when he has
seen that person write, or when he has received documents purporting to be written by that person in
answer to documents written by himself or under his authority and addressed to that person, or when, in
the ordinary course of business, documents purporting to be written by that person have been habitually
submitted to him.

1. Ins. by Act 10 of 2009, s. 52 (w.e.f. 27-10-2009).
29
Illustration
The question is, whether a given letter is in the handwriting of A, a merchant in London.
B is a merchant in Calcutta, who has written letters addressed to A and received letters purporting to
be written by him. C, is B’s clerk whose duty to was to examine and file B’s correspondence. D is B’s
broker, to whom B habitually submitted the letters purporting to be written by A for the purpose of
advising with him thereon.
The opinions of B, C and D on the question whether the letter is in the handwriting of A are relevant,
though neither B, C nor D ever saw A write.
1
[47A. Opinion as to digital signature, when relevant. –– When the Court has to form an opinion as
to the 2
[electronic signature] of any person, the opinion of the Certifying Authority which has issued the
3
[electronic Signature Certificate] is a relevant fact.]
48. Opinion as to existence of right or custom, when relevant. –– When the Court has to form an
opinion as to the existence of any general custom or right, the opinions, as to the existence of such custom
or right, of persons who would be likely to know of its existence if it existed, are relevant.
Explanation. –– The expression ―general custom or right‖ includes customs or rights common to any
considerable class of persons.
Illustration
The right of the villagers of a particular village to use the water of a particular well is a general right
within the meaning of this section.
49. Opinion as to usages, tenets, etc., when relevant. –– When the Court has to form an opinion as
to––
the usages and tenets of any body of men or family,
the constitution and government of any religious or charitable foundation, or
the meaning of words or terms used in particular districts or by particular classes of people,
the opinion of persons having special means of knowledge thereon are, relevant facts.
50. Opinion on relationship, when relevant. –– When the Court has to form an opinion as to the
relationship of one person to another, the opinion, expressed by conduct, as to the existence of such
relationship, of any person who, as a member of the family or otherwise, has special means of knowledge
on the subject, is a relevant fact:
Provided that such opinion shall not be sufficient to prove a marriage in proceedings under the Indian
Divorce Act, 1869 (4 of 1869), or in prosecutions under sections 494, 495, 497 and 498 of the Indian
Penal Code (45 of 1860).
Illustrations
(a) The question is, whether A and B, were married.
The fact that they were usually received and treated by their friends as husband and wife, is relevant.

1. Ins. by Act 21 of 2000, s. 92 and the Second Schedule (w.e.f. 17-10-2000).
2. Subs. by Act 10 of 2009, s. 52, for ―digital signature‖ (w.e.f. 27-10-2009).
3. Subs. by s 52, ibid., for ―Digital Signature Certificate‖ (w.e.f. 27-10-2009).
30
(b) The question is, whether A was the legitimate son of B. The fact that A was always treated as
such by members of the family, is relevant.
51. Grounds of opinion, when relevant. –– Whenever the opinion of any living person is relevant,
the grounds on which such opinion is based are also relevant.
Illustration
An expert may give an account of experiments performed by him for the purpose of forming his opinion.
CHARACTER WHEN RELEVANT
52. In civil cases character to prove conduct imputed, irrelevant. –– In civil cases, the fact that the
character of any person concerned is such as to render probable or improbable any conduct imputed to
him, is irrelevant, except in so far as such character appears from facts otherwise relevant.
53. In criminal cases previous good character relevant. –– In criminal proceedings, the fact that
the person accused is of a good character, is relevant.
1
[53A. Evidence of character or previous sexual experience not relevant in certain cases. –– In a
prosecution for an offence under section 354, section 354A, section 354B, section 354C, section 354D,
section 376, section 376A, section 376B, section 376C, section 376D or section 376E of the Indian Penal
Code (45 of 1860) or for attempt to commit any such offence, where the question of consent is in issue,
evidence of the character of the victim or of such person’s previous sexual experience with any person
shall not be relevant on the issue of such consent or the quality of consent.]
2
[54. Previous bad character not relevant, except in reply. –– In criminal proceedings, the fact that
the accused person has a bad character, is irrelevant, unless evidence has been given that he has a good
character, in which case it becomes relevant.
Explanation 1. ––This section does not apply to cases in which the bad character of any person is
itself a fact in issue.
Explanation 2. ––A previous conviction is relevant as evidence of bad character.]
55. Character as affecting damages. ––In civil cases, the fact that the character of any person is
such as to affect the amount of damages which he ought to receive, is relevant.
Explanation. ––In sections 52, 53, 54 and 55, the word ―character‖ includes both reputation and
disposition; but, 3
[except as provided in section 54], evidence may be given only of general reputation and
general disposition, and not of particular acts by which reputation or disposition were shown.
PART II
ON PROOF
CHAPTER III. –– FACTS WHICH NEED NOT BE PROVED
56. Fact judicially noticeable need not be proved. –– No fact of which the Court will take judicial
notice need be proved.
57. Facts of which Court must take judicial notice. –– The Court shall take judicial notice of the
following facts: ––
4
[(1) All laws in force in the territory of India;]

1. Ins. by Act 13 of 2013, s. 25 (w.e.f. 3-2-2013)
2. Subs. by Act 3 of 1891, s. 6 for ―section 54‖.
3. Ins. by s. 7, ibid.
4. Subs. by the A. O. 1950, for ―the clause (1)‖.
31
(2) All public Acts passed or hereafter to be passed by Parliament 1
[of the United Kingdom], and
all local and personal Acts directed by Parliament 1
[of the United Kingdom] to be judicially noticed;
(3) Articles of War for 2
[the Indian] Army 3
[Navy or Air Force];
4
[(4) The course of proceeding of Parliament of the United Kingdom, of the Constituent
Assembly of India, of Parliament and of the legislatures established under any laws for the time being
in force in a Province or in the States;]
(5) The accession and the sign manual of the Sovereign for the time being of the United
Kingdom of Great Britain and Ireland;
(6) All seals of which English Courts take judicial notice: the seals of all the 5
[Courts in 6
[India]]
6
[India]] and of all Courts out of 6
[India] established by the authority of 7
[the Central Government or
the Crown Representative]; the seals of Courts of Admiralty and Maritime Jurisdiction and of
Notaries Public, and all seals which any person is authorized to use by 8
[the Constitution or an Act of
Parliament of the United Kingdom or an] Act or Regulation having the force of law in 6
[India];
(7) The accession to office, names, titles, functions, and signatures of the persons filling for the
time being any public office in any State, if the fact of their appointment to such office is notified in
9
[any Official Gazette];
(8) The existence, title and national flag of every State or Sovereign recognized by 10[the
Government of India];
(9) The divisions of time, the geographical divisions of the world, and public festivals, fasts and
holidays notified in the Official Gazette;
(10) The territories under the dominion of 10
[the Government of India];
(11) The commencement, continuance and termination of hostilities between 10
[the Government
of India] and any other State or body of persons;
(12) The names of the members and officers of the Court, and of their deputies and subordinate
offices and assistants, and also of all officers acting in execution of its process, and of all advocates,
attorneys, proctors, vakils, pleaders and other persons authorized by law to appear or act before it;
(13) The rule of the road 11[on land or at sea].
In all these cases, and also on all matters of public history, literature, science or art, the Court may
resort for its aid to appropriate books or documents of reference.
If the Court is called upon by any person to take judicial notice of any fact, it may refuse to do so
unless and until such person produces any such book or document as it may consider necessary to enable
it to do so.

1. Subs. by the A.O. 1950, for ―the clause (2)‖.
2. Subs. ibid., for ―her Majesty’s‖.
3. Subs. by Act 10 of 1927, s. 2 and the First Schedule, for ―or Navy‖.
4. Subs. by the A.O. 1950, for the Former para, (4).
5. Subs. by the A.O. 1948, for ―Courts of British India‖.
6. Subs. by Act 3 of 1951, s. 3 and the Schedule, for ―the States‖.
7. Subs. by the A.O. 1937, for ―the G.G. or any L.G. in Council‖.
8. Subs. by the A.O. 1950, for ―any Act of Parliament or other‖.
9. Subs. by the A.O. 1937, for ―the Gazette of India or in the Official Gazette of any L.G.‖.
10. Subs. by the A.O. 1950, for ―the British Crown‖.
11. Ins. by Act 18 of 1872, s. 5.
32
58. Facts admitted need not be proved. –– No fact need be proved in any proceeding which the
parties thereto or their agents agree to admit at the hearing, or which, before the hearing, they agree to
admit by any writing under their hands, or which by any rule of pleading in force at the time they are
deemed to have admitted by their pleadings:
Provided that the Court may, in its discretion, require the facts admitted to be proved otherwise than
by such admissions.
CHAPTER IV. –– OF ORAL EVIDENCE
59. Proof of facts by oral evidence. –– All facts, except the 1
[contents of documents or electronic
records], may be proved by oral evidence.
60. Oral evidence must be direct. –– Oral evidence must, in all cases, whatever, be direct; that is to
say ––
if it refers to a fact which could be seen, it must be the evidence of a witness who says he saw it;
if it refers to a fact which could be heard, it must be the evidence of a witness who says he heard
it;
if it refers to a fact which could be perceived by any other sense or in any other manner, it must
be the evidence of a witness who says he perceived it by that sense or in that manner;
if it refers to an opinion or to the grounds on which that opinion is held, it must be the evidence of
the person who holds that opinion on those grounds:
Provided that the opinions of experts expressed in any treatise commonly offered for sale, and the
grounds on which such opinions are held, may be proved by the production of such treatises if the
author is dead or cannot be found; or has become incapable of giving evidence, or cannot be called as
a witness without an amount of delay or expense which the Court regards as unreasonable:
Provided also that, if oral evidence refers to the existence or condition of any material thing other
than a document, the Court may, if it thinks fit, require the production of such material thing for its
inspection.
CHAPTER V. –– OF DOCUMENTARY EVIDENCE
61. Proof of contents of documents. –– The contents of documents may be proved either by primary
or by secondary evidence.
62. Primary evidence. –– Primary evidence means the document itself produced for the inspection of
the Court.
Explanation 1. ––Where a document is executed in several parts, each part is primary evidence of the
document.
Where a document is executed in counterpart, each counterpart being executed by one or some of the
parties only, each counterpart is primary evidence as against the parties executing it.
Explanation 2. –– Where a number of documents are all made by one uniform process, as in the case
of printing, lithography or photography, each is primary evidence of the contents of the rest; but, where
they are all copies of a common original, they are not primary evidence of the contents of the original.

1. Subs. by Act 21 of 2000, s. 92 and the Second Schedule, for ―Contents of documents‖ (w.e.f. 17-10-2000).
33
Illustration
A person is shown to have been in possession of a number of placards, all printed at one time from
one original. Any one of the placards is primary evidence of the contents of any other, but no one of them
is primary evidence of the contents of the original.
63. Secondary evidence. –– Secondary evidence means and includes ––
(1) certified copies given under the provisions hereinafter contained;
(2) copies made from the original by mechanical processes which in themselves insure the
accuracy of the copy, and copies compared with such copies;
(3) copies made from or compared with the original;
(4) counterparts of documents as against the parties who did not execute them;
(5) oral accounts of the contents of a document given by some person who has himself seen it.
Illustrations
(a) A photograph of an original is secondary evidence of its contents, though the two have not been
compared, if it is proved that the thing photographed was the original.
(b) A copy compared with a copy of a letter made by a copying machine is secondary evidence of the
contents of the letter, if it is shown that the copy made by the copying machine was made from the
original.
(c) A copy transcribed from a copy, but afterwards compared with the original, is secondary
evidence; but the copy not so compared is not secondary evidence of the original, although the copy from
which it was transcribed was compared with the original.
(d) Neither an oral account of a copy compared with the original, nor an oral account of a photograph
or machine-copy of the original, is secondary evidence of the original.
64. Proof of documents by primary evidence. –– Documents must be proved by primary evidence
except in the cases hereinafter mentioned.
65. Cases in which secondary evidence relating to documents may be given.–– Secondary
evidence may be given of the existence, condition or contents of a document in the following cases: ––
(a) when the original is shown or appears to be in the possession or power ––
of the person against whom the document is sought to be proved,
of any person out of reach of, or not subject to, the process of the Court, or
of any person legally bound to produce it,
and when, after the notice mentioned in section 66, such person does not produce it;
(b) when the existence, condition or contents of the original have been proved to be admitted in
writing by the person against whom it is proved or by his representative in interest;
(c) when the original has been destroyed or lost, or when the party offering evidence of its
contents cannot, for any other reason not arising from his own default or neglect, produce it in
reasonable time;
(d) when the original is of such a nature as not to be easily movable;
(e) when the original is a public document within the meaning of section 74;
34
(f) when the original is a document of which a certified copy is permitted by this Act, or by any
other law in force in 1
[India] to be given in evidence;
(g) when the originals consist of numerous accounts or other documents which cannot
conveniently be examined in Court and the fact to be proved is the general result of the whole
collection.
In cases (a), (c) and (d), any secondary evidence of the contents of the document is admissible.
In case (b), the written admission is admissible.
In case (e) or (f), a certified copy of the document, but no other kind of secondary evidence, is
admissible.
In case (g), evidence may be given as to the general result of the documents by any person who
has examined them, and who is skilled in the examination of such documents.
2
[65A. Special provisions as to evidence relating to electronic record. –– The contents of
electronic records may be proved in accordance with the provisions of section 65B.
65B. Admissibility of electronic records. –– (1) Notwithstanding anything contained in this Act,
any information contained in an electronic record which is printed on a paper, stored, recorded or copied
in optical or magnetic media produced by a computer (hereinafter referred to as the computer output)
shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation
to the information and computer in question and shall be admissible in any proceedings, without further
proof or production of the original, as evidence or any contents of the original or of any fact stated therein
of which direct evidence would be admissible.
(2) The conditions referred to in sub-section (1) in respect of a computer output shall be the
following, namely: ––
(a) the computer output containing the information was produced by the computer during the
period over which the computer was used regularly to store or process information for the
purposes of any activities regularly carried on over that period by the person having lawful
control over the use of the computer;
(b) during the said period, information of the kind contained in the electronic record or of the
kind from which the information so contained is derived was regularly fed into the computer in
the ordinary course of the said activities;
(c) throughout the material part of the said period, the computer was operating properly or, if
not, then in respect of any period in which it was not operating properly or was out of operation
during that part of the period, was not such as to affect the electronic record or the accuracy of its
contents; and
(d) the information contained in the electronic record reproduces or is derived from such
information fed into the computer in the ordinary course of the said activities.
(3) Where over any period, the function of storing or processing information for the purposes of
any activities regularly carried on over that period as mentioned in clause (a) of sub-section (2) was
regularly performed by computers, whether––
(a) by a combination of computers operating over that period; or

1. Subs. by Act 3 of 1951, s. 3 and the Schedule, for ―the States‖.
2. Ins. by Act 21 of 2000, s. 92 and the Second Schedule (w.e.f. 17-10-2000).
35
(b) by different computers operating in succession over that period; or
(c) by different combinations of computers operating in succession over that period; or
(d) in any other manner involving the successive operation over that period, in whatever
order, of one or more computers and one or more combinations of computers,
all the computers used for that purpose during that period shall be treated for the purposes of this
section as constituting a single computer; and references in this section to a computer shall be
construed accordingly.
(4) In any proceedings where it is desired to give a statement in evidence by virtue of this section,
a certificate doing any of the following things, that is to say, ––
(a) identifying the electronic record containing the statement and describing the manner in
which it was produced;
(b) giving such particulars of any device involved in the production of that electronic record
as may be appropriate for the purpose of showing that the electronic record was produced by a
computer;
(c) dealing with any of the matters to which the conditions mentioned in sub-section (2)
relate,
and purporting to be signed by a person occupying a responsible official position in relation to the
operation of the relevant device or the management of the relevant activities (whichever is
appropriate) shall be evidence of any matter stated in the certificate; and for the purposes of this subsection
it shall be sufficient for a matter to be stated to the best of the knowledge and belief of the
person stating it.
(5) For the purposes of this section, ––
(a) information shall be taken to be supplied to a computer if it is supplied thereto in any
appropriate form and whether it is so supplied directly or (with or without human intervention) by
means of any appropriate equipment;
(b) whether in the course of activities carried on by any official, information is supplied with
a view to its being stored or processed for the purposes of those activities by a computer operated
otherwise than in the course of those activities, that information, if duly supplied to that
computer, shall be taken to be supplied to it in the course of those activities;
(c) a computer output shall be taken to have been produced by a computer whether it was
produced by it directly or (with or without human intervention) by means of any appropriate
equipment.
Explanation. ––For the purposes of this section any reference to information being derived from other
information shall be a reference to its being derived therefrom by calculation, comparison or any other
process.]
66. Rules as to notice to produce.— Secondary evidence of the contents of the documents referred
to in section 65, clause (a), shall not be given unless the party proposing to give such secondary evidence
has previously given to the party in whose possession or power the document is, 1
[or to his attorney or

1. Ins. by Act 18 of 1872, s. 6.
36
pleader,] such notice to produce it as is prescribed by law; and if no notice is prescribed by law, then such
notice as the Court considers reasonable under the circumstances of the case:
Provided that such notice shall not be required in order to render secondary evidence admissible in
any of the following cases, or in any other case in which the Court thinks fit to dispense with it: ––
(1) when the document to be proved is itself a notice;
(2) when, from the nature of the case, the adverse party must know that he will be required to
produce it;
(3) when it appears or is proved that the adverse party has obtained possession of the original by
fraud or force;
(4) when the adverse party or his agent has the original in Court;
(5) when the adverse party or his agent has admitted the loss of the document;
(6) when the person in possession of the document is out of reach of, or not subject to, the process
of the Court.
67. Proof of signature and handwriting of person alleged to have signed or written document
produced. –– If a document is alleged to be signed or to have been written wholly or in part by any
person, the signature or the handwriting of so much of the document as is alleged to be in that person’s
handwriting must be proved to be in his handwriting.
1
[67A. Proof as to 2
[electronic signature]. –– Except in the case of a secure 2
[electronic signature], if
the 2
[electronic signature] of any subscriber is alleged to have been affixed to an electronic record the fact
that such 2
[electronic signature] is the 2
[electronic signature] of the subscriber must be proved.]
68. Proof of execution of document required by law to be attested. –– If a document is required
by law to be attested, it shall not be used as evidence until one attesting witness at least has been called
for the purpose of proving its execution, if there be an attesting witness alive, and subject to the process of
the Court and capable of giving evidence:
3
[Provided that it shall not be necessary to call an attesting witness in proof of the execution of any
document, not being a will, which has been registered in accordance with the provisions of the Indian
Registration Act, 1908 (16 of 1908), unless its execution by the person by whom it purports to have been
executed is specifically denied.]
69. Proof where no attesting witness found. –– If no such attesting witness can be found, or if the
document purports to have been executed in the United Kingdom, it must be proved that the attestation of
one attesting witness at least is in his handwriting, and that the signature of the person executing the
document is in the hand writing of that person.
70. Admission of execution by party to attested document. –– The admission of a party to an
attested document of its execution by himself shall be sufficient proof of its execution as against him,
though it be a document required by law to be attested.
71. Proof when attesting witness denies the execution. –– If the attesting witness denies or does not
recollect the execution of the document, its execution may be proved by other evidence.
72. Proof of document not required by law to be attested. –– An attested document not required
by law to be attested may be proved as if it was unattested.

1. Ins. by Act 21 of 2000, s. 92 and the Second Schedule (w.e.f. 17-10-2000).
2. Subs. by Act 10 of 2009, s. 52, for ―digital signature‖ (w.e.f. 27-10-2009).
3. Ins. by Act 31 of 1926, s. 2.
37
73. Comparison of signature, writing or seal with others admitted or proved. –– In order to
ascertain whether a signature, writing or seal is that of the person by whom it purports to have been
written or made, any signature, writing or seal admitted or proved to the satisfaction of the Court to have
been written or made by that person may be compared with the one which is to be proved, although that
signature, writing or seal has not been produced or proved for any other purpose.
The Court may direct any person present in Court to write any words or figures for the purpose of
enabling the Court to compare the words or figures so written with any words or figures alleged to have
been written by such person.
1
[This section applies also, with any necessary modifications, to finger impressions.]
2
[73A. Proof as to verification of digital signature. –– In order to ascertain whether a digital
signature is that of the person by whom it purports to have been affixed, the Court may direct ––
(a) that person or the Controller or the Certifying Authority to produce the Digital Signature
Certificate;
(b) any other person to apply the public key listed in the Digital Signature Certificate and
verify the digital signature purported to have been affixed by that person.
Explanation. –– For the purposes of this section, ―Controller‖ means the Controller appointed
under sub-section (1) of section 17 of the Information Technology Act, 2000 (21 of 2000).]
PUBLIC DOCUMENTS
74. Public documents. –– The following documents are public documents: ––
(1) documents forming the acts or records of the acts ––
(i) of the sovereign authority,
(ii) of official bodies and tribunals, and
(iii) of public officers, legislative, judicial and executive, 3
[of any part of India or of the
Commonwealth], or of a foreign country;
(2) public records kept 4
[in any State] of private documents.
75. Private documents. –– All other documents are private.
76. Certified copies of public documents. –– Every public officer having the custody of a public
document, which any person has a right to inspect, shall give that person on demand a copy of it on
payment of the legal fees there for, together with a certificate written at the foot of such copy that it is a
true copy of such document or part thereof, as the case may be, and such certificate shall be dated and
subscribed by such officer with his name and his official title, and shall be sealed, whenever such officer
is authorized by law to make use of a seal; and such copies so certified shall be called certified copies.
Explanation. –– Any officer who, by the ordinary course of official duty, is authorized to deliver such
copies, shall be deemed to have the custody of such documents within the meaning of this section.
77. Proof of documents by production of certified copies. –– Such certified copies may be
produced in proof of the contents of the public documents or parts of the public documents of which they
purport to be copies.

1. Ins. by Act 5of 1899, s. 3.
2. Ins by Act 21 of 2000, s. 92 and the second Schedule (w.e.f. 17-10-2000).
3. The original words ―whether of British India, or of any other part of Her Majesty’s Dominios‖ have successively
been amended by the A.O. 1948 and the A.O. 1950 to read as above.
4. Subs. by the A.O. 1950, for ―in any Province‖.
38
78. Proof of other official documents.–– The following public documents may be proved as
follows:––
(1) Acts, orders or notifications of 1
[the Central Government] in any of its departments, 2
[or of the
Crown Representative] or of any State Government or any department of any State Government, ––
by the records of the departments, certified by the head of those departments respectively,
or by any document purporting to be printed by order of any such Government 3
[or, as the
case may be, of the Crown Representative];
(2) the proceedings of the Legislatures,––
by the journals of those bodies respectively, or by published Acts or abstracts, or by copies
purporting to be printed 3
[by order of the Government concerned];
(3) proclamations, orders or regulations issued by 4
[Her Majesty] or by the Privy Council, or by
any department of 4
[Her Majesty’s Government,––
by copies or extracts contained in the London Gazette, or purporting to be printed by the
Queen’s Printer;
(4) the Acts of the Executive or the proceedings of the Legislature of a foreign country, ––
by journals published by their authority, or commonly received in that country as such, or by
a copy certified under the seal of the country or sovereign, or by a recognition thereof in some
5
[Central Act]:
(5) the proceedings of a municipal body in 6
[a State], ––
by a copy of such proceedings, certified by the legal keeper thereof, or by a printed book
purporting to be published by the authority of such body;
(6) public documents of any other class in a foreign country, ––
by the original, or by a copy certified by the legal keeper thereof, with a certificate under the
seal of a Notary Public, or of 7
[an Indian Consul] or diplomatic agent, that the copy is duly
certified by the officer having the legal custody of the original, and upon proof of the character of
the document according to the law of the foreign country.
PRESUMPTIONS AS TO DOCUMENTS
79. Presumption as to genuineness of certified copies. –– The Court shall presume 8
[to be genuine]
every document purporting to be a certificate, certified copy or other document, which is by Law declared
to be admissible as evidence of any particular fact and which purports to be duly certified by any officer
9
[of the Central Government or of a State Government, or by any officer 10[in the State of Jammu and
Kashmir] who is duly authorized thereto by the Central Government]:

1. Subs. by the A.O. 1937, for ―the Executive Govt. of British India‖.
2. Ins. ibid.,
3. Subs. ibid., for ―by order of Government.‖.
4. The words ―her Majesty‖ shall stand unmodified, vide the A.O. 1950.
5. Subs. by the A.O. 1937, for ―public Act of the Governor General of India in Council‖.
6. Subs. by the A.O. 1950, for ―a Province‖.
7. Subs by ibid., for ―a British Consul‖.
8. Ins. by the A.O. 1948.
9. The original words beginning form ―in British India‖ and ending with the words ―to be genuine‖ have been
successively amended by the A.O. 1937, the A.O. 1948 and the A.O. 1950 to read as above.
10. Subs. by Act 3 of 1951, s. 3 and the Schedule, for ―in a Part B State‖.
39
Provided that such document is substantially in the form and purports to be executed in the manner
directed by law in that behalf.
The Court shall also presume that any officer by whom any such document purports to be signed or
certified, held, when he signed it, the official character which he claims in such paper.
80. Presumption as to documents produced as record of evidence. –– Whenever any document is
produced before any Court, purporting to be a record or memorandum of the evidence, or of any part of
the evidence, given by a witness in a judicial proceeding or before any officer authorized by law to take
such evidence or to be a statement or confession by any prisoner or accused person, taken in accordance
with law, and purporting to be signed by any Judge or Magistrate, or by any such officer as aforesaid, the
Court shall presume––
that the document is genuine; that any statements as to the circumstances under which it was
taken, purporting to be made by the person signing it, are true, and that such evidence, statement or
confession was duly taken.
81. Presumption as to Gazettes, newspapers, private Acts of Parliament and other
documents. –– The Court shall presume the genuineness of every document purporting to be the London
Gazette or 1
[any Official Gazette, or the Government Gazette] of any colony, dependency or possession
of the British Crown, or to be a newspaper or journal, or to be a copy of a private Act of Parliament 2
[of
the United Kingdom] printed by the Queen’s Printer and of every document purporting to be a document
directed by any law to be kept by any person, if such document is kept substantially in the form required
by law and is produced from proper custody.
3
[81A. Presumption as to Gazettes in electronic forms. –– The Court shall presume the
genuineness of every electronic record purporting to be the Official Gazette, or purporting to be electronic
record directed by any law to be kept by any person, if such electronic record is kept substantially in the
form required by law and is produced from proper custody.]
82. Presumption as to document admissible in England without proof of seal or signature. ––
When any document is produced before any Court, purporting to be a document which, by the law in
force for the time being in England or Ireland, would be admissible in proof of any particular in any Court
of Justice in England or Ireland, without proof of the seal or stamp or signature authenticating it or of the
judicial or official character claimed by the person by whom it purports to be signed, the Court shall
presume that such seal, stamp or signature is genuine, and that the person signing it held, at the time when
he signed it, the judicial or official character which he claims,
and the document shall be admissible for the same purpose for which it would be admissible in
England or Ireland.
83. Presumption as to maps or plans made by authority of Government. –– The Court shall
presume that maps or plans purporting to be made by the authority of 4
[the Central Government or any
State Government] were so made, and are accurate; but maps or plans made for the purposes of any cause
must be proved to be accurate.
84. Presumption as to collections of laws and reports of decisions. –– The Court shall presume the
genuineness of every book purporting to be printed or published under the authority of the Government of
any country, and to contain any of the laws of that country,
and of every book purporting to contain reports of decisions of the Courts of such country.

1. Subs by the A.O. 1937, for ―the Gazette of India, or the Govt. Gazette of any L.G., or‖.
2. Ins. by the A.O. 1950.
3. Ins. by Act 21 of 2000, s. 92, and the Second Schedule (w.e.f. 17-10-2000).
4. The original word ―Government‖ has successively been amended by the A.O. 1937, the A.O. 1948, Act 40 of
1949 and the A.O. 1950 to read as above.
40
85. Presumption as to powers-of-attorney. –– The Court shall presume that every document
purporting to be a power-of-attorney, and to have been executed before, and authenticated by, a Notary
Public, or any Court, Judge, Magistrate, 1
[Indian] Consul or Vice-Consul, or representative 2
*** of the
3
[Central Government], was so executed and authenticated.
4
[85A. Presumption as to electronic agreements. –– The Court shall presume that every electronic
record purporting to be an agreement containing the 5
[electronic signature] of the parties was so
concluded by affixing the 5
[electronic signature] of the parties.
85B. Presumption as to electronic records and 5
[electronic signatures]. –– (1) In any proceedings
involving a secure electronic record, the Court shall presume unless contrary is proved, that the secure
electronic record has not been altered since the specific point of time to which the secure status relates.
(2) In any proceedings, involving secure digital signature, the Court shall presume unless the contrary
is proved that—
(a) the secure 5
[electronic signature] is affixed by subscriber with the intention of signing or
approving the electronic record;
(b) except in the case of a secure electronic record or a secure 5
[electronic signature], nothing in
this section shall cerate any presumption, relating to authenticity and integrity of the electronic record
or any 5
[electronic signature].
85C. Presumption as to 6
[Electronic Signature Certificates]. –– The Court shall presume, unless
contrary is proved, that the information listed in a 6
[Electronic Signature Certificate] is correct, except for
information specified as subscriber information which has not been verified, if the certificate was
accepted by the subscriber.]
86. Presumption as to certified copies of foreign judicial records. The Court may presume that
any document purporting to be a certified copy of any judicial record of 7
[
8
* * * any country not forming
forming part of India or] of Her Majesty’s Dominions is genuine and accurate, if the document purports
to be certified in any manner which is certified by any representative of 9
* * * the 3
[Central Government]
10[in or for] 11[such country] to be the manner commonly in use in 12[that country] for the certification of
copies of judicial records.
13[An officer who, with respect to 14*** any territory or place not forming part of 15[India or] Her
Majesty’s Dominions, is a Political Agent there for, as defined in section 3, 16[clause (43)], of the General

1. Subs. by the A.O. 1950, for ―British‖.
2. The Words ―of Her Majesty, or‖ Rep. by ibid.
3. Subs. by the A.O. 1937, for ―Government of India‖.
4. Ins by Act 21 of 2000, s. 92, and the Second Schedule (w.e.f. 17-10-2000).
5. Subs by Act 10 of 2009, s. 52(e), for ―digital signature‖ (w.e.f. 27-10-2009).
6. Subs by ibid, s. 52(f) for ―Digital Signature Certificate‖, (w.e.f. 27.10.2009).
7. Subs. by the A.O. 1950, for ―any country not forming part‖.
8. The words ―a Part B State or of‖ omitted by Act 3 of 1951, s. 3 and the Schedule.
9. The words ―Her Majesty or of‖ omitted by A.O. 1950.
10. Subs. by Act 3 of 1891, s. 8, for ―resident in‖.
11. Subs. by Act 3 of 1951, s. 3 and the Schedule, for ―such Part B State or Country‖.
12. Subs. by s. 3 and the Schedule ibid., for ―that State or Country‖.
13. Subs. by Act 5 of 1899, s. 4, for the para added by Act 3 of 1891, s. 3.
14. The words ―a Part B State or‖ ins. by the A.O. 1950, omitted by Act 3 of 1951, s. 3 and the Schedule.
15. Ins. by the A.O. 1950.
16. Subs. ibid., for ―clause (40)‖.
41
Clauses Act, 1897 (10 of 1897), shall, for the purposes of this section, be deemed to be a representative of
the 1
[Central Government] 2
[in and for the country] comprising that territory or place].
87. Presumption as to books, maps and charts. –– The Court may presume that any book to which
it may refer for information on matters of public or general interest, and that any published map or chart,
the statements of which are relevant facts and which is produced for its inspection, was written and
published by the person and at the time and place, by whom or at which it purports to have been written
or published.
88. Presumption as to telegraphic messages. –– The Court may presume that a message, forwarded
from a telegraph office to the person to whom such message purports to be addressed, corresponds with a
message delivered for transmission at the office from which the message purports to be sent; but the
Court shall not make any presumption as to the person by whom such message was delivered for
transmission.
3
[88A. Presumption as to electronic messages. –– The Court may presume that an electronic
message, forwarded by the originator through an electronic mail server to the addressee to whom the
message purports to be addressed corresponds with the message as fed into his computer for transmission;
but the Court shall not make any presumption as to the person by whom such message was sent.
Explanation. –– For the purposes of this section, the expressions ―addressee‖ and ―originator‖ shall
have the same meanings respectively assigned to them in clauses (b) and (za) of sub-section (1) of
section 2 of the Information Technology Act, 2000 (21 of 2000).]
89. Presumption as to due execution, etc., of documents not produced. ––The Court shall presume
that every document, called for and not produced after notice to produce, was attested, stamped and
executed in the manner required by law.
90. Presumption as to documents thirty years old. –– Where any document, purporting or proved
to be thirty years old, is produced from any custody which the Court in the particular case considers
proper, the Court may presume that the signature and every other part of such document, which purports
to be in the handwriting of any particular person, is in that person’s handwriting, and, in the case of a
document executed or attested, that it was duly executed and attested by the persons by whom it purports
to be executed and attested.
Explanation.–– Documents are said to be in proper custody if they are in the place in which, and
under the care of the person with whom, they would naturally be; but no custody is improper if it is
proved to have had a legitimate origin, or if the circumstances of the particular case are such as to render
such an origin probable.
This explanation applies also to section 81.
Illustrations
(a) A has been in possession of landed property for a long time. He produces from his custody deeds relating to
the land showing his titles to it. The custody is proper.
(b) A produces deeds relating to landed property of which he is the mortgagee. The mortgagor is in possession.
The custody is proper.

1. Subs. by the A.O. 1937, for ―G. of I.‖
2. Subs. by Act 3 of 1951, s. 3 and the Schedule., for ―in and for that Part B State or country‖.
3. Ins. by Act 21 of 2000, s. 92 and the Second Schedule (w.e.f. 17-10-2000).
42
(c) A, a connection of B, produces deeds relating to lands in B’s possession which were deposited
with him by B for safe custody. The custody is proper.
1
[90A. Presumption as to electronic records five years old. –– Where any electronic record,
purporting or proved to be five years old, is produced from any custody which the Court in the particular
case considers proper, the Court may presume that the 2
[electronic signature] which purports to be the
2
[electronic signature] of any particular person was so affixed by him or any person authorised by him in
this behalf.
Explanation. –– Electronic records are said to be in proper custody if they are in the place in which,
and under the care of the person with whom, they naturally be; but no custody is improper if it is proved
to have had a legitimate origin, or the circumstances of the particular case are such as to render such an
origin probable.
This Explanation applies also to section 81A.]
CHAPTER VI. –– OF THE EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE
91. Evidence of terms of contracts, grants and other dispositions of property reduced to form of
document. –– When the terms of a contract, or of a grant, or of any other disposition of property, have
been reduced to the form of a document, and in all cases in which any matter is required by law to be
reduced to the form of a document, no evidence shall be given in proof of the terms of such contract,
grant or other disposition of property, or of such matter, except the document itself, or secondary
evidence of its contents in cases in which secondary evidence is admissible under the provisions
hereinbefore contained.
Exception 1.––When a public officer is required by law to be appointed in writing, and when it is
shown that any particular person has acted as such officer, the writing by which he is appointed need not
be proved.
Exception 2.–– Wills 3
[admitted to probate in 4
[India]] may be proved by the probate.
Explanation 1.––This section applies equally to cases in which the contracts, grants or dispositions of
property referred to are contained in one document and to cases in which they are contained in more
documents than one.
Explanation 2.–– Where there are more originals than one, one original only need be proved.
Explanation 3. –– The statement, in any document whatever, of a fact other than the facts referred to
in this section, shall not preclude the admission of oral evidence as to the same fact.
Illustrations
(a) If a contract be contained in several letters, all the letters in which it is contained must be proved.
(b) If a contract is contained in a bill of exchange, the bill of exchange must be proved.
(c) If a bill of exchange is drawn in a set of three, one only need be proved.
(d) A contracts, in writing, with B, for the delivery of indigo upon certain terms. The contract mentions the fact
that B had paid A the price of other indigo contracted for verbally on another occasion.

1. Ins. by Act 21 of 2000, s. 92 and the Second Schedule (w.e.f. 17-10-2000).
2. Subs. by Act 10 of 2009, s. 52, for ―Digital Signature‖ (w.e.f. 27.10.2009).
3. Subs. by Act 18 of 1872, s. 7, for ―under the Indian Succession Act‖.
4. Subs. by Act 3 of 1951, s. 3 and the Schedule, for ―the States‖.
43
Oral evidence is offered that no payment was made for the other indigo. The evidence is
admissible.
(e) A gives B a receipt for money paid by B.
Oral evidence is offered of the payment.
The evidence is admissible.
92. Exclusion of evidence of oral agreement. –– When the terms of any such contract, grant or other
disposition of property, or any matter required by law to be reduced to the form of a document, have been
proved according to the last section, no evidence of any oral agreement or statement shall be admitted, as
between the parties to any such instrument or their representatives in interest, for the purpose of
contradicting, varying, adding to, or subtracting from, its terms:
Proviso (1). –– Any fact may be proved which would invalidate any document, or which would
entitle any person to any decree or order relating thereto; such as fraud, intimidation, illegality, want of
due execution, want of capacity in any contracting party, 1
[want or failure] of consideration, or mistake in
fact or law.
Proviso (2). ––The existence of any separate oral agreement as to any matter on which a document is
silent, and which is not inconsistent with its terms, may be proved. In considering whether or not this
proviso applies, the Court shall have regard to the degree of formality of the document.
Proviso (3). ––The existence of any separate oral agreement, constituting a condition precedent to the
attaching of any obligation under any such contract, grant or disposition of property, may be proved.
Proviso (4). ––The existence of any distinct subsequent oral agreement to rescind or modify any such
contract, grant or disposition of property, may be proved, except in cases in which such contract, grant or
disposition of property is by law required to be in writing, or has been registered according to the law in
force for the time being as to the registration of documents.
Proviso (5). –– Any usage or custom by which incidents not expressly mentioned in any contract are
usually annexed to contracts of that description, may be proved:
Provided that the annexing of such incident would not be repugnant to, or inconsistent with, the
express terms of the contract.
Proviso (6). –– Any fact may be proved which shows in what manner the language of a document is
related to existing facts.
Illustrations
(a) A policy of insurance is effected on goods ―in ships from Calcutta to London‖. The goods are shipped in a
particular ship which is lost. The fact that particular ship was orally excepted from the policy cannot be proved.
(b) A agrees absolutely in writing to pay B Rs. 1,000 on the first March 1873. The fact that, at the same time an
oral agreement was made that the money should not be paid till the thirty-first March cannot be proved.
(c) An estate called ―the Rampore tea estate‖ is sold by a deed which contains a map of the property sold. The
fact that land not included in the map had always been regarded as part of the estate and was meant to pass by the
deed cannot be proved.

1. Subs. by Act 18 of 1872, s. 8, for ―want of failure‖.
44
(d) A enters into a written contract with B to work certain mines, the property of B, upon certain
terms. A was induced to do so by a misrepresentation of B’s as to their value. This fact may be proved.
(e) A institutes a suit against B for the specific performance of a contract, and also prays that the
contract may be reformed as to one of its provisions, as that provision was inserted in it by mistake. A
may prove that such a mistake was made as would by law entitle him to have the contract reformed.
(f) A orders goods of B by a letter in which nothing is said as to the time of payment, and accepts the
goods on delivery. B sues A for the price. A may show that the goods were supplied on credit for a term
still unexpired.
(g) A sells B a horse and verbally warrants him sound. A gives B a paper in these words: ―Bought of
A a horse of Rs. 500‖. B may prove the verbal warranty.
(h) A hires lodgings of B, and gives B a card on which is written ––―Rooms, Rs. 200 a month.‖ A
may prove a verbal agreement that these terms were to include partial board.
A hires lodgings of B for a year, and a regularly stamped agreement, drawn up by an attorney, is
made between them. It is silent on the subject of board. A may not prove that board was included in the
term verbally.
(i) A applies to B for a debt due to A by sending a receipt for the money. B keeps the receipt and does
not send the money. In a suit for the amount, A may prove this.
(j) A and B make a contract in writing to take effect upon the happening of a certain contingency.
The writing is left with B, who sues A upon it. A may show the circumstances under which it was
delivered.
93. Exclusion of evidence to explain or amend ambiguous document. –– When the language used
in a document is, on its face, ambiguous or defective, evidence may not be given of facts which would
show its meaning or supply its defects.
Illustrations
(a) A agrees, in writing, to sell a horse to B for ―Rs. 1,000 or Rs. 1,500‖. Evidence cannot be given to
show which price was to be given.
(b) A deed contains blanks. Evidence cannot be given of facts which would show how they were
meant to be filled.
94. Exclusion of evidence against application of document to existing facts. –– When language
used in a document is plain in itself, and when it applies accurately to existing facts, evidence may not be
given to show that it was not meant to apply to such facts.
Illustration
A sells to B, by deed, ―my estate at Rampur containing 100 bighas‖. A has an estate at Rampur containing
100 bighas. Evidence may not be given of the fact that the estate meant to be sold was one situated at a different
place and of a different size.
95. Evidence as to document unmeaning in reference to existing facts. –– When language used in
a document is plain in itself, but is unmeaning in reference to existing facts, evidence may be given to
show that it was used in a peculiar sense.
Illustration
A sells to B, by deed, ―my house in Calcutta‖.
A had no house in Calcutta, but it appears that he had a house at Howrah, of which B had been in possession
since the execution of the deed.
These facts may be proved to show that the deed related to the house at Howrah.
45
96. Evidence as to application of language which can apply to one only of several
persons. –– When the facts are such that the language used might have been meant to apply to any one,
and could not have been meant to apply to more than one, of several persons or things, evidence may be
given of facts which show which of those persons or things it was intended to apply to.
Illustrations
(a) A agrees to sell to B, for Rs. 1,000, ―my white horse‖. A has two white horses. Evidence may be give of
facts which show which of them was meant.
(b) A agrees to accompany B to Haidarabad. Evidence may be given of facts showing whether Haidarabad in
the Dekkhan or Haiderabad in Sind was meant.
97. Evidence as to application of language to one of two sets of facts, to neither of which the
whole correctly applies. –– When the language used applies partly to one set of existing facts, and partly
to another set of existing facts, but the whole of it does not apply correctly to either, evidence may be
given to show to which of the two it was meant to apply.
Illustration
A agrees to sell to B ―my land at X in the occupation of Y‖. A has land at X, but not in the occupation of Y, and
he has land in the occupation of Y but it is not at X. Evidence may be given of facts showing which he meant to sell.
98. Evidence as to meaning of illegible characters, etc. –– Evidence may be given to show the
meaning of illegible or not commonly intelligible characters, of foreign, obsolete, technical, local and
provincial expressions, of abbreviations and of words used in a peculiar sense.
Illustration
A, sculptor, agrees to sell to B, ―all my mods‖. A has both models and modelling tools. Evidence may be given
to show which he meant to sell.
99. Who may give evidence of agreement varying terms of document. –– Persons who are not
parties to a document, or their representatives in interest, may give evidence of any facts tending to show
a contemporaneous agreement varying the terms of the document.
Illustration
A and B make a contract in writing that B shall sell A certain cotton, to be paid for on delivery. At the same
time they make an oral agreement that three months credit shall be given to A. This could not be shown as between
A and B, but it might be shown by C, if it affected his interests.
100. Saving of provisions of Indian Succession Act relating to wills. ––Nothing in this Chapter
contained shall be taken to affect any of the provisions of the Indian Succession Act,
1865 1
(10 of 1865) as to the construction of wills.
PART III
PRODUCTION AND EFFECT OF EVIDENCE
CHAPTER VII. –– OF THE BURDEN OF PROOF
101. Burden of proof. –– Whoever desires any Court to give judgment as to any legal right or
liability dependent on the existence of facts which he asserts, must prove that those facts exist. When a
person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person.
Illustrations
(a) A desires a Court to give judgment that B shall be punished for a crime which A says B has committed. A
must prove that B has committed the crime.

1. See now the Indian Succession Act, 1925 (39 of 1925), Pt. VI, Ch. VI.
46
(b) A desires a Court to give judgment that he is entitled to certain land in the possession of B, by
reason of facts which he asserts, and which B denies, to be true. A must prove the existence of those facts.
102. On whom burden of proof lies. –– The burden of proof in a suit or proceeding lies on that
person who would fail if no evidence at all were given on either side.
Illustrations
(a) A sues B for land of which B is in possession, and which, as A asserts, was left to A by the will of C, B’s
father.
If no evidence were given on either side, B would be entitled to retain his possession.
Therefore the burden of proof is on A.
(b) A sues B for money due on a bond.
The execution of the bond is admitted, but B says that it was obtained by fraud, which A denies.
If no evidence were given on either side, A would succeed, as the bond is not disputed and the fraud is not
proved.
Therefore the burden of proof is on B.
103. Burden of proof as to particular fact. ––The burden of proof as to any particular fact lies on
that person who wishes the Court to believe in its existence, unless it is provided by any law that the proof
of that fact shall lie on any particular person.
Illustrations
1
[(a)] A prosecutes B for theft, and wishes the Court to believe that B admitted the theft to C. A must prove the
admission.
(b) B wishes the Court to believe that, at the time in question, he was elsewhere. He must prove it.
104. Burden of proving fact to be proved to make evidence admissible. –– The burden of proving
any fact necessary to be proved in order to enable any person to give evidence of any other fact is on the
person who wishes to give such evidence.
Illustrations
(a) A wishes to prove a dying declaration by B. A must prove B’s death.
(b) A wishes to prove, by secondary evidence, the contents of a lost document.
A must prove that the document has been lost.
105. Burden of proving that case of accused comes within exceptions. –– When a person is
accused of any offence, the burden of proving the existence of circumstances bringing the case within any
of the General Exceptions in the Indian Penal Code (45 of 1860), or within any special exception or
proviso contained in any other part of the same Code, or in any law defining the offence, is upon him, and
the Court shall presume the absence of such circumstances.
Illustrations
(a) A, accused of murder, alleges that, by reason of unsoundness of mind, he did not know the nature of the act.
The burden of proof is on A.
(b) A, accused of murder, alleges that, by grave and sudden provocation, he was deprived of the
power of self-control.

1. Sic, in the Act as published in Gazette of India, 1872, Pt. IV, p. 1 there is no illustration (b).
47
The burden of proof is on A.
(c) Section 325 of the Indian Penal Code (45 of 1860) provides that whoever, except in the case
provided for by section 335, voluntarily causes grievous hurt, shall be subject to certain punishments.
A is charged with voluntarily causing grievous hurt under section 325.
The burden of proving the circumstances bringing the case under section 335 lies on A.
106. Burden of proving fact especially within knowledge. –– When any fact is especially within
the knowledge of any person, the burden of proving that fact is upon him.
Illustrations
(a) When a person does an act with some intention other than that which the character and
circumstances of the act suggest, the burden of proving that intention is upon him.
(b) A is charged with travelling on a railway without a ticket. The burden of proving that he had a
ticket is on him.
107. Burden of proving death of person known to have been alive within thirty years. –– When
the question is whether a man is alive or dead, and it is shown that he was alive within thirty years, the
burden of proving that he is dead is on the person who affirms it.
108. Burden of proving that person is alive who has not been heard of for seven
years. ––
1
[Provided that when] the question is whether a man is alive or dead, and it is proved that he has
not been heard of for seven years by those who would naturally have heard of him if he had been alive,
the burden of proving that he is alive is 2
[shifted to] the person who affirms it.
109. Burden of proof as to relationship in the cases of partners, landlord and tenant, principal
and agent. –– When the question is whether persons are partners, landlord and tenant, or principal and
agent, and it has been shown that they have been acting as such, the burden of proving that they do not
stand, or have ceased to stand, to each other in those relationships respectively, is on the person who
affirms it.
110. Burden of proof as to ownership. –– When the question is whether any person is owner of
anything of which he is shown to be in possession, the burden of proving that he is not the owner is on the
person who affirms that he is not the owner.
111. Proof of good faith in transactions where one party is in relation of active confidence. ––
Where there is a question as to the good faith of a transaction between parties, one of whom stands to the
other in a position of active confidence, the burden of proving the good faith of the transaction is on the
party who is in a position of active confidence.
Illustrations
(a) The good faith of a sale by a client to an attorney is in question in a suit brought by the client.
The burden of proving the good faith of the transaction is on the attorney.
(b) The good faith of a sale by a son just come of age to a father is in question in a suit brought by
the son. The burden of proving the good faith of the transaction is on the father.
3
[111A. Presumption as to certain offences. –– (1) Where a person is accused of having committed
any offence specified in sub-section (2), in ––

1. Subs. by Act 18 of 1872, s. 9, for ―when‖.
2. Subs. by s. 9, ibid., for ―on‖.
3. Ins. by Act 61 of 1984, s. 20 (w.e.f. 14-7-1984).
48
(a) any area declared to be a disturbed area under any enactment, for the time being in force,
making provision for the suppression of disorder and restoration and maintenance of public order; or
(b) any area in which there has been, over a period of more than one month, extensive disturbance
of the public peace,
and it is shown that such person had been at a place in such area at a time when firearms or explosives
were used at or from that place to attack or resist the members of any armed forces or the forces charged
with the maintenance of public order acting in the discharge of their duties, it shall be presumed, unless
the contrary is shown, that such person had committed such offence.
(2) The offences referred to in sub-section (1) are the following, namely: ––
(a) an offence under section 121, section 121A, section 122 or section 123 of the Indian Penal
Code (45 of 1860);
(b) criminal conspiracy or attempt to commit, or abetment of, an offence under section 122 or
section 123 of the Indian Penal Code (45 of 1860).]
112. Birth during marriage, conclusive proof of legitimacy. –– The fact that any person was born
during the continuance of a valid marriage between his mother and any man, or within two hundred and
eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the
legitimate son of that man, unless it can be shown that the parties to the marriage had no access to each
other at any time when he could have been begotten.
113. Proof of cession of territory. –– A notification in the Official Gazette that any portion of
British territory has 1
[before the commencement of Part III of the Government of India
Act, 1935 (26 Geo. 5, c. 2)] been ceded to any Native State, Prince or Ruler, shall be conclusive proof
that a valid cession of such territory took place at the date mentioned in such notification.
2
[113A. Presumption as to abetment of suicide by a married woman. ––When the question is
whether the commission of suicide by a woman had been abetted by her husband or any relative of her
husband and it is shown that she had committed suicide within a period of seven years from the date of
her marriage and that her husband or such relative of her husband had subjected her to cruelty, the court
may presume, having regard to all the other circumstances of the case, that such suicide had been abetted
by her husband or by such relative of her husband.
Explanation. –– For the purposes of this section, ―cruelty‖ shall have the same meaning as in
section 498A of the Indian Penal Code (45 of 1860).]
3
[113B. Presumption as to dowry death. ––-When the question is whether a person has committed
the dowry death of a woman and it is shown that soon before her death such woman had been subjected
by such person to cruelty or harassment for, or in connection with, any demand for dowry, the court shall
presume that such person had caused the dowry death.
Explanation. –– For the purposes of this section, ―dowry death‖ shall have the same meaning as in
section 304B of the Indian Penal Code (45 of 1860).]
114. Court may presume existence of certain facts. –– The Court may presume the existence of any
fact which it thinks likely to have happened, regard being had to the common course of natural events,
human conduct and public and private business, in their relation to the facts of the particular case.

1. Ins. by the A.O. 1937, Part III of the Government of India Act 1935, came into force on the 1st April, 1937.
2. Ins. by Act 46 of 1983, s. 7.
3. Ins. by Act 43 of 1986, s. 12 (w.e.f. 5-1-1986).
49
Illustrations
The Court may presume ––
(a) that a man who is in possession of stolen goods soon after the theft is either the thief or has
received the goods knowing them to be stolen, unless he can account for his possession;
(b) that an accomplice is unworthy of credit, unless he is corroborated in material particulars;
(c) that a bill of exchange, accepted or endorsed, was accepted or endorsed for good consideration;
(d) that a thing or state of things which has been shown to be in existence within a period shorter than
that within which such things or states of things usually cease to exist, is still in existence;
(e) that judicial and official acts have been regularly performed;
(f) that the common course of business has been followed in particular cases;
(g) that evidence which could be and is not produced would, if produced, be unfavourable to the
person who withholds it;
(h) that if a man refuses to answer a question which he is not compelled to answer by law, the answer,
if given, would be unfavourable to him;
(i) that when a document creating an obligation is in the hands of the obligor, the obligation has been
discharged.
But the Court shall also have regard to such facts as the following, in considering whether such
maxims do or do not apply to the particular case before it: ––
as to illustration (a) –– a shop-keeper has in his bill a marked rupee soon after it was stolen, and
cannot account for its possession specifically, but is continually receiving rupees in the course of his
business;
as to illustration (b) ––A, a person of the highest character is tried for causing a man’s death by an
act of negligence in arranging certain machinery. B, a person of equally good character, who also took
part in the arrangement, describes precisely what was done, and admits and explains the common
carelessness of A and himself;
as to illustration (b) –– a crime is committed by several persons. A, B and C, three of the criminals,
are captured on the spot and kept apart from each other. Each gives an account of the crime implicating
D, and the accounts corroborate each other in such a manner as to render previous concert highly
improbable;
as to illustration (c) –– A, the drawer of a bill of exchange, was a man of business. B, the acceptor,
was a young and ignorant person, completely under A’s influence;
as to illustration (d) –– it is proved that a river ran in a certain course five years ago, but it is known
that there have been floods since that time which might change its course;
as to illustration (e) –– a judicial act, the regularity of which is in question, was performed under
exceptional circumstances;
as to illustration (f) –– the question is, whether a letter was received. It is shown to have been posted,
but the usual course of the post was interrupted by disturbances;
as to illustration (g) –– a man refuses to produce a document which would bear on a contract of small
importance on which he is sued, but which might also injure the feelings and reputation of his family;
50
as to illustration (h) –– a man refuses to answer a question which he is not compelled by law to answer,
but the answer to it might cause loss to him in matters unconnected with the matter in relation to which it
is asked;
as to illustration (i) –– a bond is in possession of the obligor, but the circumstances of the case are such
that he may have stolen it.
1
[114A. Presumption as to absence of consent in certain prosecution for rape. ––In a prosecution
for rape under clause (a), clause (b), clause (c), clause (d), clause (e), clause (f), clause (g), clause (h),
clause (i), clause (j), clause (k), clause (l), clause (m) or clause (n) of sub-section (2) of section 376 of the
Indian Penal Code (45 of 1860), where sexual intercourse by the accused is proved and the question is
whether it was without the consent of the woman alleged to have been raped and such woman states in
her evidence before the court that she did not consent, the court shall presume that she did not consent.
Explanation.–– In this section, ―sexual intercourse‖ shall mean any of the acts mentioned in
clauses (a) to (d) of section 375 of the Indian Penal Code (45 of 1860).’.
CHAPTER VIII. –– ESTOPPEL
115. Estoppel. –– When one person has, by his declaration, act or omission, intentionally caused or
permitted another person to believe a thing to be true and to act upon such belief, neither he nor his
representative shall be allowed, in any suit or proceeding between himself and such person or his
representative, to deny the truth of that thing.
Illustration
A intentionally and falsely leads B to believe that certain land belongs to A, and thereby induces B to
buy and pay for it.
The land afterwards becomes the property of A, and A seeks to set aside the sale on the ground that,
at the time of the sale, he had no title. He must not be allowed to prove his want of title.
116. Estoppel of tenants and of licensee of person in possession. –– No tenant of immovable
property, or person claiming through such tenant, shall, during the continuance of the tenancy, be
permitted to deny that the landlord of such tenant had, at the beginning of the tenancy, a title to such
immovable property; and no person who came upon any immovable property by the licence of the person
in possession there of shall be permitted to deny that such person had a title to such possession at the time
when such licence was given.
117. Estoppel of acceptor of bill of exchange, bailee or licensee. –– No acceptor of a bill of
exchange shall be permitted to deny that the drawer had authority to draw such bill or to endorse it; nor
shall any bailee or licensee be permitted to deny that his bailor or licensor had, at the time when the
bailment or licence commenced, authority to make such bailment or grant such licence.
Explanation (1). –– The acceptor of a bill of exchange may deny that the bill was really drawn by the
person by whom it purports to have been drawn.
Explanation (2). –– If a bailee delivers the goods bailed to a person other than the bailor, he may
prove that such person had a right to them as against the bailor.
CHAPTER IX. –– OF WITNESSES
118. Who may testify. –– All persons shall be competent to testify unless the Court considers that
they are prevented from understanding the questions put to them, or from giving rational answers to those

1. Ins. by Act 13 of 2013, s. 26. (w.e.f. 3-2-2013).
51
questions, by tender years, extreme old age, disease, whether of body or mind, or any other cause of the
same kind.
Explanation. –– A lunatic is not incompetent to testify, unless he is prevented by his lunacy from
understanding the questions put to him and giving rational answers to them.
1
[119. Witness unable to communicate verbally. –– A witness who is unable to speak may give his
evidence in any other manner in which he can make it intelligible, as by writing or by signs; but such
writing must be written and the signs made in open Court, evidence so given shall be deemed to be oral
evidence:
Provided that if the witness is unable to communicate verbally, the Court shall take the assistance of
an interpreter or a special educator in recording the statement, and such statement shall be video graphed.]
120. Parties to civil suit, and their wives or husbands. Husband or wife of person under
criminal trial. –– In all civil proceedings the parties to the suit, and the husband or wife of any party to
the suit, shall be competent witnesses. In criminal proceedings against any person, the husband or wife of
such person, respectively, shall be a competent witness.
121. Judges and Magistrates. –– No Judge or Magistrate shall, except upon the special order of
some Court to which he is subordinate, be compelled to answer any questions as to his own conduct in
Court as such Judge or Magistrate, or as to anything which came to his knowledge in Court as such Judge
or Magistrate; but he may be examined as to other matters which occurred in his presence whilst he was
so acting.
Illustrations
(a) A, on his trial before the Court of Session, says that a deposition was improperly taken by B, the
Magistrate. B cannot be compelled to answer questions as to this, except upon the special order of a
superior Court.
(b) A is accused before the Court of Session of having given false evidence before B, a Magistrate. B
cannot be asked what A said, except upon the special order of the superior Court.
(c) A is accused before the Court of Session of attempting to murder a police-officer whilst on his
trial before B, a Sessions Judge. B may be examined as to what occurred.
122. Communications during marriage. –– No person who is or has been married shall be
compelled to disclose any communication made to him during marriage by any person to whom he is or
has been married; nor shall he be permitted to disclose any such communication, unless the person who
made it, or his representative in interest, consents, except in suits between married persons, or
proceedings in which one married person is prosecuted for any crime committed against the other.
123. Evidence as to affairs of State. –– No one shall be permitted to give any evidence derived
from unpublished official records relating to any affairs of State, except with the permission of the officer
at the head of the department concerned, who shall give or withhold such permission as he thinks fit.
124. Official communications. –– No public officer shall be compelled to disclose communications
made to him in official confidence, when he considers that the public interests would suffer by the
disclosure.

1. Subs. by Act 13 of 2013, s. 27 for s. 119 (w.e.f. 3-2-2013).
52
1
[125. Information as to commission of offences. –– No Magistrate or police-officer shall be
compelled to say whence he got any information as to the commission of any offence, and no revenueofficer
shall be compelled to say whence he got any information as to the commission of any offence
against the public revenue.
Explanation.–– ―Revenue-officer‖ in this section means any officer employed in or about the business
of any branch of the public revenue.]
126. Professional communications. –– No barrister, attorney, pleader or vakil shall at any time be
permitted, unless with his client’ sex press consent, to disclose any communication made to him in the
course and for the purpose of his employment as such barrister, pleader, attorney or vakil, by or on behalf
of his client, or to state the contents or condition of any document with which he has become acquainted
in the course and for the purpose of his professional employment or to disclose any advice given by him
to his client in the course and for the purpose of such employment:
Provided that nothing in this section shall protect from disclosure ––
(1) any such communication made in furtherance of any 2
[illegal] purpose,
(2) any fact observed by any barrister, pleader, attorney or vakil, in the course of his employment
as such, showing that any crime or fraud has been committed since the commencement of his
employment.
It is immaterial whether the attention of such barrister, 3
[pleader], attorney or vakil was or was not
directed to such fact by or on behalf of his client.
Explanation. –– The obligation stated in this section continues after the employment has ceased.
Illustrations
(a) A, a client, says to B, an attorney –– ―I have committed forgery and I wish you to defend me.‖
As the defence of a man known to be guilty is not a criminal purpose, this communication is
protected from disclosure.
(b) A, a client, says to B, an attorney –– ―I wish to obtain possession of property by the use of a
forged deed on which I request you to sue.‖
This communication, being made in furtherance of a criminal purpose, is not protected from
disclosure.
(c) A, being charged with embezzlement, retains B, an attorney, to defend him. In the course of the
proceedings, B observes that an entry has been made in A’s account book, charging A with the sum said
to have been embezzled, which entry was not in the book at the commencement of his employment.
This being a fact observed by B in the course of his employment, showing that a fraud has been
committed since the commencement of the proceedings, it is not protected from disclosure.
127. Section 126 to apply to interpreters, etc. –– The provisions of section 126 shall apply to
interpreters, and the clerks or servants of barristers, pleaders, attorneys and vakils.
128. Privilege not waived by volunteering evidence. –– If any party to a suit gives evidence therein
at his own instance or otherwise, he shall not be deemed to have consented thereby to such disclosure
as is mentioned in section 126; and, if any party to a suit or proceeding calls any such barrister,

1. Subs. by Act 3 of 1887, s. 1, for the original s. 125.
2. Subs. by Act 18 of 1872, s. 10, for ―criminal‖.
3. Ins. by s. 10, ibid.
53
1
[pleader], attorney or vakil as a witness, he shall be deemed to have consented to such disclosure only if
he questions such barrister, attorney or vakil on matters which, but for such question, he would not be at
liberty to disclose.
129. Confidential communications with legal advisers. –– No one shall be compelled to disclose to
the Court any confidential communication which has taken place between him and his legal professional
adviser, unless he offers himself as a witness, in which case he may be compelled to disclose any such
communications as may appear to the Court necessary to be known in order to explain any evidence
which he has given, but no others.
130. Production of title-deeds of witness not a party. –– No witness who is not a party to a suit
shall be compelled to produce his title-deeds to any property, or any document in virtue of which he holds
any property as pledge or mortgagee or any document the production of which might tend to criminate
him, unless he has agreed in writing to produce them with the person seeking the production of such
deeds or some person through whom he claims.
2
[131. Production of documents or electronic records which another person, having possession,
could refuse to produce. –– No one shall be compelled to produce documents in his possession or
electronic records under his control, which any other person would be entitled to refuse to produce if they
were in his possession or control, unless such last-mentioned person consents to their production.]
132. Witness not excused from answering on ground that answer will criminate. –– A witness
shall not be excused from answering any question as to any matter relevant to the matter in issue in any
suit or in any civil or criminal proceeding, upon the ground that the answer to such question will
criminate, or may tend directly or indirectly to criminate, such witness, or that it will expose, or tend
directly or indirectly to expose, such witness to a penalty or forfeiture of any kind:
Proviso. –– Provided that no such answer, which a witness shall be compelled to give, shall subject
him to any arrest or prosecution, or be proved against him in any criminal proceeding, except a
prosecution for giving false evidence by such answer.
133. Accomplice. –– An accomplice shall be a competent witness against an accused person; and a
conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice.
134. Number of witnesses. –– No particular number of witnesses shall in any case be required for the
proof of any fact.
CHAPTER X. –– OF THE EXAMINATION OF WITNESSES
135. Order of production and examination of witnesses. –– The order in which witnesses are
produced and examined shall be regulated by the law and practice for the time being relating to civil and
criminal procedure respectively, and, in the absence of any such law, by the discretion of the Court.
136. Judge to decide as to admissibility of evidence. ––When either party proposes to give evidence
of any fact, the Judge may ask the party proposing to give the evidence in what manner the alleged fact, if
proved, would be relevant; and the Judge shall admit the evidence if he thinks that the fact, if proved,
would be relevant, and not otherwise.
If the fact proposed to be proved is one of which evidence is admissible only upon proof of some
other fact, such last-mentioned fact must be proved before evidence is given of the fact first-mentioned,
unless the party undertakes to give proof of such fact, and the Court is satisfied with such undertaking.

1. Ins. by Act 18 of 1872, s. 10.
2. Subs. by Act 21 of 2000, s. 92 and the Second Schedule, for ―Section 131‖ (17-10-2000).
54
If the relevancy of one alleged fact depends upon another alleged fact being first proved, the Judge
may, in his discretion, either permit evidence of the first fact to be given before the second fact is proved,
or require evidence to be given of the second fact before evidence is given of the first fact.
Illustrations
(a) It is proposed to prove a statement about a relevant fact by a person alleged to be dead, which
statement is relevant under section 32.
The fact that the person is dead must be proved by the person proposing to prove the statement,
before evidence is given of the statement.
(b) It is proposed to prove, by a copy, the contents of a document said to be lost.
The fact that the original is lost must be proved by the person proposing to produce the copy, before
the copy is produced.
(c) A is accused of receiving stolen property knowing it to have been stolen.
It is proposed to prove that he denied the possession of the property.
The relevancy of the denial depends on the identity of the property. The Court may, in its discretion,
either require the property to be identified before the denial of the possession is proved, or permit the
denial of the possession to be proved before the property is identified.
(d) It is proposed to prove a fact (A) which is said to have been the cause or effect of fact in issue.
There are several intermediate facts (B, C and D) which must be shown to exist before the fact (A) can be
regarded as the cause or effect of the fact in issue. The Court may either permit A to be proved before B,
C or D is proved, or may require proof of B, C and D before permitting proof of A.
137. Examination-in-chief. –– The examination of witness by the party who calls him shall be called
his examination-in-chief.
Cross-examination. –– The examination of a witness by the adverse party shall be called his
cross-examination.
Re-examination. ––The examination of a witness, subsequent to the cross-examination by the party
who called him, shall be called his re-examination.
138. Order of examinations. –– Witnesses shall be first examined-in-chief, then (if the adverse party
so desires) cross-examined, then (if the party calling him so desires) re-examined.
The examination and cross-examination must relate to relevant facts but the cross-examination need
not be confined to the facts to which the witness testified on his examination-in-chief.
Direction of re-examination. –– The re-examination shall be directed to the explanation of matters
referred to in cross-examination; and, if new matter is, by permission of the Court, introduced in
re-examination, the adverse party may further cross-examine upon that matter.
139. Cross-examination of person called to produce a document. –– A person summoned to
produce a document does not become a witness by the mere fact that he produces it and cannot be
cross-examined unless and until he is called as a witness.
140. Witnesses to character. –– Witnesses to character may be cross-examined and re-examined.
141. Leading questions. –– Any question suggesting the answer which the person putting it wishes
or expects to receive is called a leading question.
55
142. When they must not be asked. –– Leading questions must not, if objected to by the adverse
party be asked in an examination-in-chief, or in a re-examination, except with the permission of the
Court.
The Court shall permit leading questions as to matters which are introductory or undisputed, or which
have, in its opinion, been already sufficiently proved.
143. When they may be asked. –– Leading questions may be asked in cross-examination.
144. Evidence as to matters in writing. –– Any witness may be asked, whilst under examination,
whether any contract, grant or other disposition of property, as to which he is giving evidence, was not
contained in a document, and if he says that it was, or if he is about to make any statement as to the
contents of any document, which, in the opinion of the Court, ought to be produced, the adverse party
may object to such evidence being given until such document is produced, or until facts have been proved
which entitle the party who called the witness to give secondary evidence of it.
Explanation. –– A witness may give oral evidence of statements made by other persons about the
contents of documents if such statements are in themselves relevant facts.
Illustration
The question is, whether A assaulted B.
C deposes that he heard A say to D–– ―B wrote a letter accusing me of theft, and I will be revenged
on him.‖ This statement is relevant, as showing A’s motive for the assault, and evidence may be given of
it, though no other evidence is given about the letter.
1
145. Cross-examination as to previous statements in writing. –– A witness may be crossexamined
as to previous statements made by him in writing or reduced into writing, and relevant to
matters in question, without such writing being shown to him, or being proved; but, if it is intended to
contradict him by the writing, his attention must, before the writing can be proved, be called to those parts
of it which are to be used for the purpose of contradicting him.
146. Questions lawful in cross-examination. –– When a witness is cross-examined, he may, in
addition to the questions hereinbefore referred to, be asked any questions which tend––
(1) to test his veracity,
(2) to discover who he is and what is his position in life, or
(3) to shake his credit, by injuring his character, although the answer to such questions might tend
directly or indirectly to criminate him or might expose or tend directly or indirectly to expose him to a
penalty or forfeiture:
2
[Provided that in a prosecution for an offence under section 376, section 376A, section 376B, section
376C, section 376D or section 376E of the Indian Penal Code (45 of 1860) or for attempt to commit any
such offence, where the question of consent is an issue, it shall not be permissible to adduce evidence or
to put questions in the cross-examination of the victim as to the general immoral character, or previous
sexual experience, of such victim with any person for proving such consent or the quality of consent.]
147. When witness to be compelled to answer. –– If any such question relates to a matter relevant
to the suit or proceeding, the provisions of section 132 shall apply thereto.

1. As to the Application of s. 145 to police-diaries, see the Code of Criminal Procedure, 1973 (2 of 1974), s. 172.
2. Subs. by Act 13 of 2013, s. 28, for the proviso (w.e.f. 3-2-2013).
56
148. Court to decide when question shall be asked and when witness compelled to answer. –– If
any such question relates to a matter not relevant to the suit or proceeding, except in so far as it affects the
credit of the witness by injuring his character, the Court shall decide whether or not the witness shall be
compelled to answer it, and may, if it thinks fit, warn the witness that he is not obliged to answer it. In
exercising its discretion, the Court shall have regard to the following considerations: ––
(1) such questions are proper if they are of such a nature that the truth of the imputation conveyed
by them would seriously affect the opinion of the Court as to the credibility of the witness on the
matter to which he testifies;
(2) such questions are improper if the imputation which they convey relates to matters so remote
in time, or of such a character, that the truth of the imputation would not affect, or would affect in a
slight degree, the opinion of the Court as to the credibility of the witness on the matter to which he
testifies;
(3) such questions are improper if there is a great disproportion between the importance of the
imputation made against the witness’s character and the importance of his evidence;
(4) the Court may, if it sees fit, draw, from the witness’s refusal to answer, the inference that the
answer if given would be unfavourable.
149. Question not to be asked without reasonable grounds. –– No such question as is referred to in
section 148 ought to be asked, unless the person asking it has reasonable grounds for thinking that the
imputation which it conveys is well-founded.
Illustrations
(a) A barrister is instructed by an attorney or vakil that an important witness is a dakait. This is a
reasonable ground for asking the witness whether he is a dakait.
(b) A pleader is informed by a person in Court that an important witness is a dakait. The informant,
on being questioned by the pleader, gives satisfactory reasons for his statement. This is a reasonable
ground for asking the witness whether he is a dakait.
(c) A witness, of whom nothing whatever is known is asked at random whether he is a dakait. There
are here no reasonable ground for the question.
(d) A witness, of whom nothing whatever is known, being questioned as to his mode of life and
means of living, gives unsatisfactory answers. This may be a reasonable ground for asking him if he is a
dakait.
150. Procedure of Court in case of question being asked without reasonable grounds. –– If the
Court is of opinion that any such question was asked without reasonable grounds, it may, if it was asked
by any barrister, pleader, vakil or attorney, report the circumstances of the case to the High Court or other
authority to which such barrister, pleader, vakil or attorney is subject in the exercise of his profession.
151. Indecent and scandalous questions. –– The Court may forbid any questions or inquiries which
it regards as indecent or scandalous, although such questions or inquiries may have some bearing on the
questions before the Court unless they relate to facts in issue, or to matters necessary to be known in order
to determine whether or not the facts in issue existed.
152. Questions intended to insult or annoy. –– The Court shall forbid any question which appears
to it to be intended to insult or annoy, or which, though proper in itself, appears to the Court needlessly
offensive in form.
57
153. Exclusion of evidence to contradict answers to questions testing veracity. ––When a witness
has been asked and has answered any question which is relevant to the inquiry only in so far as it tends to
shake his credit by injuring his character, no evidence shall be given to contradict him; but, if he answers
falsely, he may after wards be charged with giving false evidence.
Exception 1. –– If a witness is asked whether he has been previously convicted of any crime and
denies it, evidence may be given of his previous conviction.
Exception 2. –– If a witness is asked any question tending to impeach his impartiality and answers it
by denying the facts suggested, he may be contradicted.
Illustrations
(a) A claim against an underwriter is resisted on the ground of fraud.
The claimant is asked whether, in a former transaction, he had not made a fraudulent claim. He denies
it.
Evidence is offered to show that he did make such a claim.
The evidence is inadmissible
(b) A witness is asked whether he was not dismissed from a situation for dishonesty.
He denies it.
Evidence is offered to show that he was dismissed for dishonesty.
The evidence is not admissible.
(c) A affirms that on a certain day he saw B at Lahore.
A is asked whether he himself was not on that day at Calcutta. He denies it.
Evidence is offered to show that A was on that day at Calcutta.
The evidence is admissible, not as contradicting A on a fact which affects his credit, but as
contradicting the alleged fact that B was seen on the day in question in Lahore.
In each of these cases the witness might, if his denial was false, be charged with giving false
evidence.
(d) A is asked whether his family has not had a bloodfeud with the family of B against whom he gives
evidence.
He denies it. He may be contradicted on the ground that the question tends to impeach his
impartiality.
154. Question by party to his own witness. –– The Court may, in its discretion, permit the person
who calls a witness to put any questions to him which might be put in cross-examination by the adverse
party.
155. Impeaching credit of witness. –– The credit of a witness may be impeached in the following
ways by the adverse party, or, with the consent of the Court, by the party who calls him: ––
(1) by the evidence of persons who testify that they, from their knowledge of the witness, believe
him to be unworthy of credit;
58
(2) by proof that the witness has been bribed, or has 1
[accepted] the offer of bride, or has received
any other corrupt inducement to give his evidence;
(3) by proof of former statements inconsistent with any part of his evidence which is liable to be
contradicted;
2
* * * * *
Explanation. –– A witness declaring another witness to be unworthy of credit may not, upon his
examination-in-chief, give reasons for his belief, but he may be asked his reasons in cross-examination,
and the answers which he gives cannot be contradicted, though, if they are false, he may afterwards be
charged with giving false evidence.
Illustrations
(a) A sues B for the price of goods sold and delivered to B.
C says that he delivered the goods to B.
Evidence is offered to show that, on a previous occasion, he said that he had not delivered goods to B.
The evidence is admissible.
(b) A is indicted for the murder of B.
C says that B, when dying declared that A had given B the wound of which he died.
Evidence is offered to show that, on a previous occasion, C said that the wound was not given by A or
in his presence.
The evidence is admissible.
156. Questions tending to corroborate evidence of relevant fact, admissible. –– When a witness
whom it is intended to corroborate gives evidence of any relevant fact, he may be questioned as to any
other circumstances which he observed at or near to the time or place at which such relevant fact
occurred, if the Court is of opinion that such circumstances, if proved, would corroborate the testimony of
the witness as to the relevant fact which he testifies.
Illustration
A, an accomplice, gives an account of a robbery in which he took part. He describes various
incidents unconnected with the robbery which occurred on his way to and from the place where it was
committed.
Independent evidence of these facts may be given in order to corroborate his evidence as to the
robbery itself.
157. Former statements of witness may be proved to corroborate later testimony as to same
fact. –– In order to corroborate the testimony of a witness, any former statement made by such witness
relating to the same fact at or about the time when the fact took place, or before any authority legally
competent to investigate the fact, may be proved.
158. What matters may be proved in connection with proved statement relevant under section
32 or 33. ––Whenever any statement, relevant under section 32 or 33, is proved, all matters may be

1. Subs. by Act 18 of 1872, s. 11, for ―had‖.
2. Clause (4) omitted by Act 4 of 2003, s. 3 (w.e.f. 31-12-2002).
59
proved either in order to contradict or to corroborate it, or in order to impeach or confirm the credit of the
person by whom it was made, which might have been proved if that person had been called as a witness
and had denied upon cross-examination the truth of the matter suggested.
159. Refreshing memory. –– A witness may, while under examination, refresh his memory by
referring to any writing made by himself at the time of the transaction concerning which he is questioned,
or so soon afterwards that the Court considers it likely that the transaction was at that time fresh in his
memory.
The witness may also refer to any such writing made by any other person, and read by the witness
within the time aforesaid, if when he read it he knew it to be correct.
When witness may use copy of document to refresh memory. –– Whenever a witness may refresh
his memory by reference to any document, he may, with the permission of the Court, refer to a copy of
such document:
Provided the Court be satisfied that there is sufficient reason for the non-production of the original.
An expert may refresh his memory by reference to professional treatises.
160. Testimony to facts stated in document mentioned in section 159. ––A witness may also
testify to facts mentioned in any such document as is mentioned in section 159, although he has no
specific recollection of the facts themselves, if he is sure that the facts were correctly recorded in the
document.
Illustration
A book-keeper may testify to facts recorded by him in books regularly kept in the course of business,
if he knows that the books were correctly kept, although he has forgotten the particular transactions
entered.
1
161. Right of adverse party as to writing used to refresh memory. –– Any writing referred to
under the provisions of the two last preceding sections must be produced and shown to the adverse party
if he requires it; such party may, if he pleases, cross-examine the witness thereupon.
162. Production of documents. –– A witness summoned to produce a document shall, if it is in his
possession or power, bring it to Court, notwithstanding any objection which there may be to its
production or to its admissibility. The validity of any such objection shall be decided on by the Court.
The Court, if it sees fit, may inspect the document, unless it refers to matters of State, or take other
evidence to enable it to determine on its admissibility.
Translation of documents. ––If for such a purpose it is necessary to cause any document to be
translated, the Court may, if it thinks fit, direct the translator to keep the contents secret, unless the
document is to be given in evidence and, if the interpreter disobeys such direction, he shall be held to
have committed an offence under section 166 of the Indian Penal Code (45 of 1860).
163. Giving, as evidence, of document called for and produced on notice. ––When a party calls
for a document which he has given the other party notice to produce, and such document is produced and
inspected by the party calling for its production, he is bound to give it as evidence if the party producing it
requires him to do so.

1. As to the application of s. 161 to police diaries, see the Code of Criminal Procedure, 1973 (Act 2 of 1974), s. 172.
60
164. Using, as evidence, of document production of which was refused on notice. –– When a
party refuses to produce a document which he has had notice to produce, he cannot afterwards use the
document as evidence without the consent of the other party or the order of the Court.
Illustration
A sues B on an agreement and gives B notice to produce it. At the trial A calls for the document and
B refuses to produce it. A gives secondary evidence of its contents. B seeks to produce the document
itself to contradict the secondary evidence given by A, or in order to show that the agreement is not
stamped. He cannot do so.
165. Judge’s power to put questions or order production. –– The Judge may, in order to discover
or to obtain proper proof of relevant facts, ask any question he pleases, in any form, at any time, of any
witness, or of the parties about any fact relevant or irrelevant; and may order the production of any
document or thing; and neither the parties nor their agents shall be entitled to make any objection to any
such question or order, nor, without the leave of the Court, to cross-examine any witness upon any answer
given in reply to any such question:
Provided that the judgment must be based upon facts declared by this Act to be relevant, and duly
proved:
Provided also that this section shall not authorize any Judge to compel any witness to answer any
question or to produce any document which such witness would be entitled to refuse to answer or produce
under sections 121 to 131, both inclusive, if the question were asked or the document were called for by
the adverse party; nor shall the Judge ask any question which it would be improper for any other person to
ask under section 148 or 149; nor shall he dispense with primary evidence of any document, except in the
cases hereinbefore excepted.
166. Power of jury or assessors to put questions. –– In cases tried by jury or with assessors, the
jury or assessors may put any questions to the witnesses, through or by leave of the Judge, which the
Judge himself might put and which he considers proper.
CHAPTER XI–– OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE
167. No new trial for improper admission or rejection of evidence. –– The improper admission or
rejection of evidence shall not be ground of itself for a new trial or reversal of any decision in any case, if
it shall appear to the Court before which such objection is raised that, independently of the evidence
objected to and admitted, there was sufficient evidence to justify the decision, or that, if the rejected
evidence had been received, it ought not to have varied the decision.
THE SCHEDULE. –– [Enactments repealed.] Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and
the Schedule.

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THE REGISTRATION ACT, 1908

1
THE REGISTRATION ACT, 1908
____________
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
PART II
OF THE REGISTRATION-ESTABLISHMENT
3. Inspector-General of Registration.
4. [Repealed.]
5. Districts and sub-districts.
6. Registrars and Sub-Registrars.
7. Offices of Registrar and Sub-Registrar.
8. Inspectors of Registration offices.
9. [Repealed.]
10. Absence of Registrar or vacancy in his office.
11. Absence of Registrar on duty in his district.
12. Absence of Sub-Registrar or vacancy in his office.
13. Report to State Government of appointments under sections 10, 11 and 12.
14. Establishments of registering officers.
15. Seal of registering officers.
16. Register-books and fire-proof boxes.
16A. Keeping of books in computer floppies, diskettes, etc.
PART III
OF REGISTRABLE DOCUMENTS
17. Documents of which registration is compulsory.
18. Documents of which registration is optional.
19. Documents in language not understood by registering officer.
20. Documents containing interlineations, blanks, erasures or alterations.
21. Description of property and maps or plans.
22. Description of houses and land by reference to Government maps or surveys.
PART IV
OF THE TIME OF PRESENTATION
23. Time for presenting documents.
23A. Re-registration of certain documents.
24. Documents executed by several persons at different times.
25. Provision where delay in presentation is unavoidable.
2
SECTIONS
26. Documents executed out of India.
27. Wills may be presented or deposited at any time.
PART V
OF THE PLACE OF REGISTRATION
28. Place for registering documents relating to land.
29. Place for registering other documents.
30. Registration by Registrars in certain cases.
31. Registration or acceptance for deposit at private residence.
PART VI
OF PRESENTING DOCUMENTS FOR REGISTRATION
32. Persons to present documents for registration.
32A.Compulsory affixing of photograph, etc.
33. Power-of-attorney recognizable for purposes of section 32.
34. Enquiry before registration by registering officer.
35. Procedure on admission and denial of execution respectively.
PART VII
OF ENFORCING THE APPEARANCE OF EXECUTANTS AND WITNESSES
36. Procedure where appearance of executant or witness is desired.
37. Officer or Court to issue and cause service of summons.
38. Persons exempt from appearance at registration-office.
39. Law as to summonses, commissions and witnesses.
PART VIII
OF PRESENTING WILLS AND AUTHORITIES TO ADOPT
40. Persons entitled to present wills and authorities to adopt.
41. Registration of wills and authorities to adopt.
PART IX
OF THE DEPOSIT WILLS
42. Deposit of wills.
43. Procedure on deposit of wills.
44. Withdrawal of sealed cover deposited under section 42.
45. Proceedings on death of depositor.
46. Saving of certain enactments and powers of Courts.
PART X
OF THE EFFECTS OF REGISTRATION AND NON-REGISTRATION
47. Time from which registered document operates.
3
SECTIONS
48. Registered documents relating to property when to take effect against oral agreements.
49. Effect of non-registration of documents required to be registered.
50. Certain registered documents relating to land to take effect against unregistered documents.
PART XI
OF THE DUTIES AND POWERS OF REGISTERING OFFICERS
(A) As to the Register-books and Indexes
51. Register-books to be kept in the several offices.
52. Duties of registering officers when document presented.
53. Entries to be numbered consecutively.
54. Current indexes and entries therein.
55. Indexes to be made by registering officers, and their contents.
56. [Repealed].
57. Registering officers to allow inspection of certain books and indexes, and to give certified copies
of entries.
(B) As to the procedure on admitting to registration
58. Particulars to be endorsed on documents admitted to registration.
59. Endorsements to be dated and signed by registering officer.
60. Certificate of registration.
61. Endorsements and certificate to be copied and document returned.
62. Procedure on presenting document in language unknown to registering officer.
63. Power to administer oaths and record of substance of statements.
(C) Special duties of Sub-Registrar
64. Procedure where document relates to land in several sub-districts.
65. Procedure where document relates to land in several districts.
(D) Special duties of Registrar
66. Procedure after registration of documents relating to land.
67. [Omitted.]
(E) Of the controlling powers of Registrars and Inspector-General
68. Power of Registrar to superintend and control Sub-Registrars.
69. Power of Inspector-General to superintend registration offices and make rules.
70. Power of Inspector-General to remit fines.
PART XII
OF REFUSAL TO REGISTER
71. Reasons for refusal to register to be recorded.
4
SECTIONS
72. Appeal to Registrar from orders of Sub-Registrar refusing registration on ground other than
denial of execution.
73. Application to Registrar where Sub-Registrar refuses to register on ground of denial of execution.
74. Procedure of Registrar on such application.
75. Order by Registrar to register and procedure thereon.
76. Order of refusal by Registrar.
77. Suit in case of order of refusal by Registrar.
PART XIII
OF THE FEES FOR REGISTRATION, SEARCHES AND COPIES
78. Fees to be fixed by State Government.
79. Publication of fees.
80. Fees payable on presentation.
PART XIV
OF PENALTIES
81. Penalty for incorrectly endorsing, copying, translating or registering documents with intent to
injure.
82. Penalty for making false statements, delivering false copies or translations, false personation, and
abetment.
83. Registering officers may commence prosecutions.
84. Registering officers to be deemed public servants.
PART XV
MISCELLANEOUS
85. Destruction of unclaimed documents.
86. Registering officer not liable for thing bona fide done or refused in his official capacity.
87. Nothing so done invalidated by defect in appointment or procedure.
88. Registration of documents executed by Government officers or certain public functionaries.
89. Copies of certain orders, certificates and instruments to be sent to registering officers and filed.
Exemptions from Act
90. Exemption of certain documents executed by or in favour of Government.
91. Inspection and copies of such documents.
92. [Repealed.]
Repeals
93. [Repealed]
THE SCHEDULE.—[Repealed.]
5
THE REGISTRATION ACT, 1908
ACT No. 16 OF 19081
[18th December, 1908.]
An Act to consolidate the enactments relating to the Registration of Documents.
WHEREAS it is expedient to consolidate the enactments relating to the registration of documents; it is
hereby enacted as follows:—
PART I
PRELIMINARY
1. Short title, extent and commencement.—(1) This Act may be called the 2
*** Registration
Act, 1908.
3
[(2) It extends to the whole of India except the State of Jammu and Kashmir:
Provided that the State Government may exclude any districts or tracts of country from its operation.]
(3) It shall come into force on the first day of January, 1909.
2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—
(1) “addition” means the place of residence, and the profession, trade, rank and title (if any) of a
person described, and, in the case of 4
[an Indian], 5
*** his father’s name, or where he is usually
described as the son of his mother, then his mother’s name;
(2) “book” includes a portion of a book and also any number of sheets connected together with a
view of forming a book or portion of a book;
(3) “district” and “sub-district” respectively mean a district and sub-district formed under this
Act;
(4) “District Court” includes the High Court in its ordinary original civil jurisdiction;
(5) “endorsement” and “endorsed” include and apply to an entry in writing by a registering
officer on a rider or covering slip to any document tendered for registration under this Act;
(6) “immovable Property” includes land, buildings, hereditary allowances, rights to ways, lights,
ferries, fisheries or any other benefit to arise out of land, and things attached to the earth, or
permanently fastened to anything which is attached to the earth, but not standing timber, growing
crops nor grass;

1. It has been amended in its application to West Bengal by Ben. Act 5 of 1942 and West Ben. Acts 29 of 1950 and 31 of 1951;
to Maharashtra by Bombay Acts 5 of 1929, 17 of 1930, 18 of 1933, 24 of 1938, 14 of 1939, 10 of 1942, and 6 of 1960,
Maharashtra Acts 19 of 1960 and 20 of 1971: to the C.P. by C.P. Act 1 of 1937 and M.P. Act 8 of 1955: to Madras and Andhra
by Madras Acts 3 of 1936 and17 of 1952; to Orissa by Orissa Act 3 of 1933; to the Punjab by Punjab Acts 8 of 1941 and 19 of
1961; to Bihar by Bihar Acts 14 of 1947 and 24 of 1952; to Kerala by Kerala Act 7 of 1968; to Himachal Pradesh by H.P. Act
2 of 1969; to Pondicherry by Pondicherry Act 17 of 1970; to Uttar Pradesh by U.P. Acts 14 of 1971, 48 of 1975 and 57 of
1976; to Haryana by Haryana Act 36 of 1973; to Maharashtra by Maharashtra Acts 29 of 1974 and 49 of 1975; to Tamil Nadu
by T.N. Act 31 of 1974; to Orissa by Orissa Act 11 of 1976 and to West Bengal by West Ben. Act 17 of 1978.
This Act has been extended to—
Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I, Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and Sch. and the
whole of the Union territory of Lakshadweep by Reg. 8 of 1965, s. 3 and Sch. and Pondicherry by Act 26 of 1968, s. 3 and
Sch.
2. The word “Indian” omitted by Act 45 of 1969, s. 2.
3. Subs. by Act 3 of 1951, s. 3 and Sch., for sub-section (2) (w.e.f. 1-4-1951).
4. Subs. by the A.O. 1950, for “a Native of India”.
5. The words “his caste (if any) and” omitted by Act 17 of 1956, s. 2.
6
1
[(6A) “India” means the territory of India excluding the State of Jammu and Kashmir;]
(7) “lease” includes a counterpart, kabuliyat, and undertaking to cultivate or occupy, and an
agreement to lease;
(8) “minor” means a person who, according to the personal law to which he is subject, has not
attained majority;
(9) “movable property” includes standing timber, growing crops and grass, fruit upon and juice in
trees, and property of every other description, except immovable property; and
(10) “representative” includes the guardian of a minor and the committee or other legal curator of
a lunatic or idiot.
2
* * * * *
PART II
OF THE REGISTRATION-ESTABLISHMENT
3. Inspector-General of Registration.—(1) The State Government shall appoint an officer to be the
Inspector-General of Registration for the territories subject to such Government:
Provided that the State Government may, instead of making such appointment, direct that all or any
of the powers and duties hereinafter conferred and imposed upon the Inspector-General shall be exercised
and performed by such officer or officers, and within such local limits, as the State Government appoints
in this behalf.
(2) Any Inspector-General may hold simultaneously any other office under the Government.
4. [Branch Inspector-General of Sindh.]—Rep. by the A.O. 1937.
5. Districts and sub-districts.—(1) For the purposes of this Act, the State Government shall form
districts and sub-districts, and shall prescribe, and may alter, the limits of such districts and sub-districts.
(2) The districts and sub-districts formed under this section, together with the limits thereof, and
every alternation of such limits, shall be notified in the Official Gazette.
(3) Every such alternation shall take effect on such day after the date of the notification as is therein
mentioned.
6. Registrars and Sub-Registrars.—The State Government may appoint such persons, whether
public officers or not, as it thinks proper, to be Registrars of the several districts, and to be Sub-Registrars
of the several sub-districts, formed as aforesaid, respectively
3
* * * * *
7. Offices of Registrar and Sub-Registrar.—(1) The State Government shall establish in every
district an office to be styled the office of the Registrar and in every sub-district an office or offices to be
styled the office of the Sub-Registrar or the offices of the Joint Sub-Registrars.
(2) The State Government may amalgamate with any office of a Registrar, any office of a
Sub-Registrar subordinate to such Registrar, and may authorize any Sub-Registrar whose office has been

1. Ins. by Act 3 of 1951, s. 3 and the Sch. (w.e.f. 1-4-1951).
2. Cl. (11), ins. by the A.O. 1950 and omitted by s. 3 and Sch., ibid.
3. The proviso to s. 6, ins. by Act 4 of 1914, s. 2 and Sch., Pt. I and rep. by the A.O. 1937.
7
so amalgamated to exercise and perform, in addition to his own powers and duties, all or any of the
powers and the duties of the Registrar to whom he is subordinate:
Provided that no such authorization shall enable a Sub-Registrar to hear an appeal against an order
passed by himself under this Act.
8. Inspectors of registration-offices.—(1) The State Government may also appoint officers, to be
called Inspectors of registration-offices, and may prescribed the duties of such officers.
(2) Every such inspector shall be subordinate to the Inspector-General.
9. [Military cantonments may be declared sub-districts or districts.]—Rep. by the Repealing and
Amending Act, 1927 (10 of 1927), s. 3 and Sch. II.
10. Absence of Registrar or vacancy in his office.—(1) When any Registrar, other than the
Registrar of a district including a Presidency-town, is absent otherwise than on duty in his district, or
when his office is temporarily vacant, any person whom the Inspector-General appoints in this behalf, or,
in default of such appointment, the Judge of the District Court within the local limits of whose
jurisdiction the Registrar’s office is situate, shall be the Registrar during such absence or until the 1
[State]
Government fills up the vacancy.
(2) When the Registrar of a district including a Presidency-town is absent otherwise than on duty in
his district, or when his office is temporarily vacant, any person whom the Inspector-General appoints in
this behalf shall be the Registrar during such absence, or until the 1
[State] Government fills up the
vacancy.
11. Absence of Registrar on duty in his district.—When any Registrar is absent from his office on
duty in his district, he may appoint any Sub-Registrar or other person in his district to perform, during
such absence, all the duties of a Registrar except those mentioned in sections 68 and 72.
12. Absence of Sub-Registrar or vacancy in his office.—When any Sub-Registrar is absent, or
when his office is temporarily vacant, any person whom the Registrar of the district appoints in this behalf
shall be Sub-Registrar during such absence, or until 2
[the vacancy is filled up].
13. Report to State Government of appointments under sections 10, 11 and 12.—(1)
3
*** All
appointments made under section 10, section 11 or section 12 shall be reported to the 1
[State]
Government by the Inspector-General.
(2) Such report shall be either special or general, as the 1
[State] Government directs.
4
* * * * *
14. Establishments of registering officers.—5
* * * *
(2) The 1
[State] Government may allow proper establishments for the several offices under this Act.
15. Seal of registering officers.—The several Registrars and Sub-Registrars shall use a seal bearing
the following inscription in English and in such other language as the State Government directs:—“The
seal of the Registrar (or of the Sub-Registrar) of”.
16. Register-books and fire-proof boxes.—(1) The 1
[State] Government shall provide for the office
of every registering officer the books necessary for the purposes of this Act.
(2) The books so provided shall contain the forms from time to time prescribed by the InspectorGeneral,
with the sanction of the 1
[State] Government, and the pages of such books shall be consecutively

1. Subs. by the A.O. 1950, for “Provincial”.
2. Subs. by Act 4 of 1914 s. 2 and Sch., Pt. I for “the L.G. fills up the vacany”.
3. The words “All appointments made by the Inspector-General under section 6 and” ins. by s. 2 and Sch., Pt. I, ibid. and rep. by
the A.O. 1937.
4. Sub-section (3) rep.by the A.O. 1937.
5. Sub-section (1) rep. by ibid.
8
numbered in print, and the number of pages in each book shall be certified on the title page by the officer
by whom such books are issued.
(3) The 1
[State] Government shall supply the office of every Registrar with a fire-proof box, and shall
in each district make suitable provision for the safe custody of the records connected with the registration
of documents in such district.
2
[16A. Keeping of books in computer floppies, diskettes, etc.—(1) Notwithstanding anything
contained in section 16, the books provided under sub-section (1) of that section may also be kept in
computer floppies or diskettes or in any other electronic form in the manner and subject to the safeguards
as may be prescribed by the Inspector-General with the sanction of the State Government.
(2) Notwithstanding anything contained in this Act or in any other law for the time being in force, a
copy or extracts from the books kept under sub-section (1) given by the registering officer under his hand
and seal shall be deemed to be a copy given under section 57 for the purposes of sub-section (5) of that
section.]
PART III
OF REGISTRABLE DOCUMENTS
17. Documents of which registration is compulsory.—(1) The following documents shall
be registered, if the property to which they relate is situate in a district in which, and if they have been
executed on or after the date on which, Act No. XVI of 1864, or the Indian Registration Act, 1866
(20 of 1866), or the Indian Registration Act, 1871 (8 of 1871), or the Indian Registration Act, 1877
(3 of 1877), or this Act came or comes into force, namely:—
(a) instruments of gift of immovable property;
(b) other non-testamentary instruments which purport or operate to create, declare, assign, limit or
extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of
the value of one hundred rupees and upwards, to or in immovable property;
(c) non-testamentary instruments which acknowledge the receipt or payment of any consideration
on account of the creation, declaration, assignment, limitation or extinction of any such right, title or
interest;
(d) leases of immovable property from year to year, or for any term exceeding one year, or
reserving a yearly rent; and
3
[(e) non-testamentary instruments transferring or assigning any decree or order of a Court or any
award when such decree or order or award purports or operates to create, declare, assign, limit or
extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of
the value of one hundred rupees and upwards, to or in immovable property:]
Provided that the State Government may, by order published in the Official Gazette, exempt from
the operation of this sub-section any leases executed in any district, or part of a district, the terms
granted by which do not exceed five years and the annual rents reserved by which do not exceed fifty
rupees.
4
[(1A) The documents containing contracts to transfer for consideration, any immovable property for
the purpose of section 53A of the Transfer of Property Act, 1882 (4 of 1882) shall be registered if they
have been executed on or after the commencement of the Registration and Other Related laws

1. Subs. by the A.O. 1950, for “Provincial”.
2. Ins. by Act 48 of 2001, s. 2 (w.e.f. 24-9-2001).
3. Ins. by Act 21 of 1929, s. 10.
4. Ins. by Act 48 of 2001, s.3 (w.e.f. 24-9-2001).
9
(Amendment) Act, 2001 (48 of 2001) and if such documents are not registered on or after such
commencement, then, they shall have no effect for the purposes of the said section 53A.]
(2) Nothing in clauses (b) and (c) of sub-section (1) applies to—
(i) any composition deed; or
(ii) any instrument relating to shares in a joint stock Company, notwithstanding that the assets of
such Company consist in whole or in part of immovable property; or
(iii) any debenture issued by any such Company and not creating, declaring, assigning, limiting or
extinguishing any right, title or interest, to or in immovable property except in so far as it entitles the
holder to the security afforded by a registered instrument whereby the Company has mortgaged,
conveyed or otherwise transferred the whole or part of its immovable property or any interest therein
to trustees upon trust for the benefit of the holders of such debentures; or
(iv) any endorsement upon or transfer of any debenture issued by any such Company; or
(v)
1
[any document other than the documents specified in sub-section (1A)] not itself creating,
declaring, assigning, limiting or extinguishing any right, title or interest of the value of one hundred
rupees and upwards to or in immovable property, but merely creating a right to obtain another
document which will, when executed, create, declare, assign, limit or extinguish any such right, title
or interest; or
(vi) any decree or order of a Court 2
[except a decree or order expressed to be made on a
compromise and comprising immovable property other than that which is the subject-matter of the
suit or proceeding]; or
(vii) any grant of immovable property by Government; or
(viii) any instrument of partition made by a Revenue-Officer; or
(ix) any order granting a loan or instrument of collateral security granted under the Land
Improvement Act, 1871 (26 of 1871), or the Land Improvement Loans Act, 1883 (19 of 1883); or
(x) any order granting a loan under the Agriculturists, Loans Act, 1884 (12 of 1884), or
instrument for securing the repayment of a loan made under that Act; or
3
[(xa) any order made under the Charitable Endowments Act, 1890, (6 of 1890) vesting any
property in a Treasurer of Charitable Endowments or divesting any such Treasurer of any property;
or]
(xi) any endorsement on a mortgage-deed acknowledging the payment of the whole or any part of
the mortgage-money, and any other receipt for payment of money due under a mortgage when the
receipt does not purport to extinguish the mortgage; or
(xii) any certificate of sale granted to the purchaser of any property sold by public auction by a
Civil or Revenue-Officer.
4
[Explanation.—A document purporting or operating to effect a contract for the sale of immovable
property shall not be deemed to require or ever to have required registration by reason only of the fact that
such document contains a recital of the payment of any earnest money or of the whole or any part of the
purchase money.]

1. Subs. by Act 48 of 2001, s. 3, for “any document” (w.e.f. 24-9-2001).
2. Subs. by Act 21 of 1929, s. 10, for “and any award”.
3. Ins. by Act 39 of 1948, s. 2.
4. Ins. by Act 2 of 1927, s. 2.
10
(3) Authorities to adopt a son, executed after the 1st day of January, 1872, and not conferred by a
will, shall also be registered.
18. Documents of which registration is optional.—Any of the following documents may be
registered under this Act, namely:—
(a) instruments (other than instruments of gift and wills) which purport or operate to create,
declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether
vested or contingent, of a value less then one hundred rupees, to or in immovable property;
(b) instruments acknowledging the receipt or payment of any consideration on account of the
creation, declaration, assignment, limitation or extinction of any such right, title or interest;
(c) leases of immovable property for any term not exceeding one year, and leases exempted under
section 17;
1
[(cc) instruments transferring or assigning any decree or order of a Court or any award when
such decree or order or award purports or operates to create, declare, assign, limit or extinguish,
whether in present or in future, any right, title or interest, whether vested or contingent, of a value less
than one hundred rupees, to or in immovable property;]
(d) instruments (other than wills) which purport or operate to create, declare, assign, limit or
extinguish any right, title or interest to or in movable property;
(e) wills; and
(f) all other documents not required by section 17 to be registered.
19. Documents in language not understood by registering officer.—If any document duly
presented for registration be in a language which the registering officer does not understand, and which is
not commonly used in the district, he shall refuse to register the documents, unless it be accompanied by a
true translation into a language commonly used in the district and also by a true copy.
20. Documents containing interlineations, blanks, erasures or alterations.—(1) The registering
officer may in his discretion refuse to accept for registration any document in which any interlineation,
blank, erasure or alteration appears, unless the persons executing the document attest with their signatures
or initials such interlineation, blank, erasure or alteration.
(2) If the registering officer registers any such document, he shall, at the time of registering the same,
make a note in the register of such interlineation, blank, erasure or alteration.
21. Description of property and maps or plans.—(1) No non-testamentary document relating to
immovable property shall be accepted for registration unless it contains a description of such property
sufficient to identify the same.
(2) Houses in towns shall be described as situate on the north or other side of the street or road (which
should be specified) to which they front, and by their existing and former occupancies, and by their
numbers if the houses in such street or road are numbered.
(3) Other houses and lands shall be described by their name, if any, and as being the territorial
division in which they are situate, and by their superficial contents, the roads and other properties on to
which they about, and their existing occupancies, and also, whenever it is practicable, by reference to a
Government map or survey.
(4) No non-testamentary document containing a map or plan of any property comprised therein shall
be accepted for registration unless it is accompanied by a true copy of the map or plan, or, in case such

1. Ins. by Act 33 of 1940, s. 2.
11
property is situate in several districts, by such number of true copies of the map or plan as are equal to the
number of such districts.
22. Description of houses and land by reference to Government maps or surveys.—(1) Where it
is, in the opinion of the 1
[State] Government, practicable to describe houses, not being houses in towns,
and lands by reference to a Government map or survey, the 1
[State] Government may, by rule made under
this Act, require that such houses and lands as aforesaid shall, for the purposes of section 21, be so
described.
(2) Save as otherwise provided by any rule made under sub-section (1), failure to comply with the
provisions of section 21, sub-section (2) or sub-section (3), shall not disentitle a document to
be registered if the description of the property to which it relates is sufficient to identify that property.
PART IV
OF THE TIME OF PRESSENTATION
23. Time for presenting documents.—Subject to the provisions contained in sections 24, 25 and 26,
no document other than a will shall be accepted for registration unless presented for that purpose to the
proper officer within four months from the date of its execution:
Provided that a copy of a decree or order may be presented within four months from the day on which
the decree or order was made, or, where it is appealable, within four months from the day on which it
becomes final.
2
[23A. Re-registration of certain documents.—Notwithstanding anything to the contrary contained
in this Act, if in any case a document requiring registration has been accepted for registration by a
Registrar or Sub-Registrar from a person not duly empowered to present the same, and has been
registered, any person claiming under such document may, within four months form his first becoming
aware that the registration of such document is invalid, present such document or cause the same to be
presented, in accordance with the provisions of Part VI for re-registration in the office of the Registrar of
the district in which the document was originally registered; and upon the Registrar being satisfied that
the document was so accepted for registration from a person not duly empowered to present the same, he
shall proceed to the re-registration of the document as if it has not been previously registered, and as if
such presentation for re-registration was a presentation for registration made within the time allowed
therefore under Part IV, and all the provisions of this Act, as to registration of documents, shall apply to
such re-registration; and such document, if duly re-registered in accordance with the provisions of this
section, shall be deemed to have been duly registered for all purposes from the date of its original
registration:
Provided that, within three months from the twelfth day of September, 1917, any person claiming
under a document to which this section applies may present the same or cause the same to be presented
for re-registration in accordance with this section, whatever may have been the time when he first became
aware that the registration of the document was invalid.]
24. Documents executed by several persons at different times.—Where there are several persons
executing a document at different times, such document may be presented for registration and reregistration
within four months from the date of each execution.
25. Provision where delay in presentation is unavoidable.—(1) If, owing to urgent necessity or
unavoidable accident, any document executed, or copy of a decree or order made, in 3
[India] is not
presented for registration till after the expiration of the time hereinbefore prescribed in that behalf, the

1. Subs. by the A.O. 1950, for “Provincial”.
2. Ins. by Act 15 of 1917, s. 2.
3. Subs. by Act 3 of 1951, s.3 and the Sch., for “the States” (w.e.f. 1-4-1951).
12
Registrar, in cases where the delay in presentation does not exceed four months, may direct that, on
payment of a fine not exceeding ten times the amount of the proper registration-fee, such document shall
be accepted for registration.
(2) Any application for such direction may be lodged with a Sub-Registrar, who shall forthwith
forward it to the Registrar to whom he is subordinate.
26. Documents executed out of India.—When a document purporting to have been executed by all
or any of the parties out of 1
[India], is not presented for registration till after the expiration of the time
hereinbefore prescribed in that behalf, the registering officer, if satisfied—
(a) that the instrument was so executed, and
(b) that it has been presented for registration within four months after its arrival in 1
[India],
may, on payment of the proper registration-fee, accept such document for registration.
27. Wills may be presented or deposited at any time.—A will may at any time be presented for
registration or deposited in manner hereinafter provided.
PART V
OF THE PLACE OF REGISTRATION
28. Place for registering documents relating to land.—Save as in this Part otherwise provided,
every document mentioned in section 17, sub-section (1), clauses (a), (b), (c)
2
[, (d) and (e), section 17,
sub-section (2), in so far as such document affects immovable property,] and section 18, clauses (a),
(b)
3
[(c) and (cc),] shall be presented for registration in the office of a Sub-Registrar within whose subdistrict
the whole or some portion of the property to which such document relates is situate.
29. Place for registering other documents.—(1) Every document 4
[not being a document referred to
in section 28 or a copy of a decree or order], may be presented for registration either in the office of the
Sub-Registrar in whose sub-district the document was executed, or in the office of any other SubRegistrar
under the 5
[State] Government at which all the persons executing and claiming under the
document desire the same to be registered.
(2) A copy of a decree or order may be presented for registration in the office of the Sub-Registrar in
whose sub-district the original decree or order was made, or, where the decree or order does not affect
immovable property, in the office of any the Sub-Registrar under the 5
[State] Government at which all the
persons claiming under the decree or order desire the copy to be registered.
30. Registration by Registrars in certain cases.—(1) Any Registrar may in his discretion receive
and register any document which might be registered by any Sub-Registrar subordinate to him.
6
* * * * * *
31. Registration or acceptance for deposit at private residence.—In ordinary cases the
registration or deposit of documents under this Act shall be made only at the office of the officer
authorized to accept the same for registration or deposit:

1. Subs. by Act 3 of 1951, s. 3 and the Sch., for “the States” (w.e.f. 1-4-1951)
2. Subs. by Act 33 of 1940, s. 3, for “and (d)”.
3. Subs. by s. 3, ibid., for “and (c)”.
4. Subs. by Act 32 of 1940, s. 3 and the Second Sch., for certain words.
5. Subs. by the A.O. 1950, for “Provincial”.
6. Sub-section (2) omitted by Act 48 of 2001, s. 4 (w.e.f. 24-9-2001).
13
Provided that such officer may on special cause being shown attend at the residence of any person
desiring to present a document for registration or to deposit a will, and accept for registration or deposit
such document or will.
PART VI
OF PRESENTING DOCUMENTS FOR REGISTRATION
32. Persons to present documents for registration.—Except in the cases mentioned in 1
[sections
31, 88 and 89], every document to be registered under this Act, whether such registration be compulsory
or optional, shall be presented at the proper registration-office,—
(a) by some person executing or claiming under the same, or, in the case of a copy of a decree or
order, claiming under the decree or order, or
(b) by the representative or assign of such a person, or
(c) by the agent of such a person, representative or assign, duly authorized by power-ofattorney
executed and authenticated in manner hereinafter mentioned.
2
[32A. Compulsory affixing of photograph, etc.—Every person presenting any document at the
proper registration, office under section 32 shall affix his passport size photograph and fingerprints to the
document:
Provided that where such document relates to the transfer of ownership of immovable property, the
passport size photograph and fingerprints of each buyer and seller of such property mentioned in the
document shall also be affixed to the document.]
33. Power-of-attorney recognizable for purposes of section 32.—(1) For the purposes of
section 32, the following power-of-attorney shall alone be recognized, namely:—
(a) if the principal at the time of executing the power-of-attorney resides in any part of
3
[India] in
which this Act is for the time being in force, a power-of-attorney executed before and authenticated
by the Registrar or Sub-Registrar within whose district or sub-district the principal resides;
(b) if the principal at the time aforesaid 4
[resides in any part of India in which this Act is not in
force], a power-of-attorney executed before and authenticated by any Magistrate;
(c) if the principal at the time aforesaid does not reside in 3
[India], a power-of-attorney executed
before and authenticated by a Notary Public, or any Court, Judge, Magistrate,
5
[Indian] Consul or
Vice-Consul, or representative 6
[***] of the Central Government:
Provided that the following persons shall not be required to attend at any registration-office or Court
for the purpose of executing any such power-of-attorney as is mentioned in clauses (a) and (b) of this
section, namely:—
(i) persons who by reason of bodily infirmity are unable without risk or serious inconvenience so
to attend;
(ii) persons who are in jail under civil or criminal process; and
(iii) persons exempt by law from personal appearance in court.
7
[Explanation.—In this sub-section “India” means India, as defined in clause (28) of section 3 of the
General Clauses Act, 1897 (10 of 1897).]

1. Subs. by Act 39 of 1948, s. 3, for “section 31, and section 89”.
2. Ins. by Act 48 of 2001, s. 5 (w.e.f. 24-9-2001).
3. Subs. by Act 3 of 1951, s. 3 and the Sch., for “the States” (w.e.f. 1-4-1951).
4. Subs. by s.3 and Sch., ibid, for “resides in any other part of the States”.
5. Subs. by the A.O. 1950, for “British”.
6. The words “of His Majesty or” omitted ibid.
7. Ins. by Act 3 of 1951, s. 3 and the Sch.
14
(2) In the case of every such person the Registrar or Sub-Registrar or Magistrate, as the case may be,
if satisfied that the power-of-attorney has been voluntarily executed by the person purporting to be the
principal, may attest the same without requiring his personal attendance at the office or Court aforesaid.
(3) To obtain evidence as to the voluntary nature of the execution, the Registrar or Sub-Registrar or
Magistrate may either himself go to the house of the person purporting to be the principal, or to the jail in
which he is confined, and examine him, or issue a commission for his examination.
(4) Any power-of-attorney mentioned in this section may be proved by the production of it without
further proof when it purports on the face of it to have been executed before and authenticated by the
person or Court hereinbefore mentioned in that behalf.
34. Enquiry before registration by registering officer.—(1) Subject to the provisions contained in
this Part and in sections 41, 43, 45, 69, 75, 77, 88 and 89, no document shall be registered under this Act,
unless the persons executing such document, or their representatives, assigns or agents authorized as
aforesaid, appear before the registering officer within the time allowed for presentation under sections 23,
24, 25 and 26:
Provided that, if owing to urgent necessity or unavoidable accident all such persons do not so appear,
the Registrar, in cases where the delay in appearing does not exceed four months, may direct that on
payment of a fine not exceeding ten times the amount of the proper registration fee, in addition to the fine,
if any, payable under section 25, the document may be registered.
(2) Appearances under sub-section (1) may be simultaneous or at different times.
(3) The registering officer shall thereupon—
(a) enquire whether or not such document was executed by the persons by whom it purports to
have been executed;
(b) satisfy himself as to the identity of the persons appearing before him and alleging that they
have executed the document; and
(c) in the case of any person appearing as a representative, assign or agent, satisfy himself of the
right of such person so to appear.
(4) Any application for a direction under the proviso to sub-section (1) may be lodged with a SubRegistrar,
who shall forthwith forward it to the Registrar to whom he is subordinate.
(5) Nothing in this section applies to copies of decrees or orders.
35. Procedure on admission and denial of execution respectively.—(1)(a) If all the persons
executing the document appear personally before the registering officer and are personally known to him,
or if he be otherwise satisfied that they are the person they represent themselves to be, and if they all
admit the execution of the document, or
(b) if in the case of any person appearing by a representative, assign or agent, such representative,
assign or agent admits the execution, or
(c) if the person executing the document is dead, and his representative or assign appears before the
registering officer and admits the execution,
the registering officer shall register the document as directed in sections 58 to 61, inclusive.
(2) The registering officer may, in order to satisfy himself that the persons appearing before him are
the persons they represent themselves to be, or for any other purpose contemplated by this Act, examine
any one present in his office.
(3) (a) If any person by whom the document purports to be executed denies its execution, or
15
(b) if any such person appears to the registering officer to be a minor, an idiot or a lunatic, or
(c) if any person by whom the document purports to be executed is dead, and his representative or
assign denies its execution,
the registering officer shall refuse to register the document as to the person so denying, appearing or dead:
Provided that, where such officer is a Registrar, he shall follow the procedure prescribed in Part XII:
1
[Provided further that the 2
[State] Government may, by notification in the 3
[Official Gazette], declare
declare that any Sub-Registrar named in the notification shall, in respect of documents the execution of
which is denied, be deemed to be a Registrar for the purposes of this sub-section and of Part XII.]
PART VII
OF ENFORCING THE APPEARANCE OF EXECUTANTS AND WITNESSES
36. Procedure where appearance of executant or witness is desired.—If any person presenting
any document for registration or claiming under any document, which is capable of being so presented,
desires the appearance of any person whose presence or testimony is necessary for the registration of such
document, the registering officer may, in his discretion, call upon such Officer or Court as the 2
[State]
Government directs in this behalf to issue a summons requiring him to appear at the registration-office
either in person or by duly authorized agent, as in the summons may be mentioned, and at a time named
therein.
37. Officer or Court to issue and cause service of summons.—The officer or Court, upon receipt
of the peon’s fee payable in such cases, shall issue the summons accordingly, and cause it to be served
upon the person whose appearance is so required.
38. Persons exempt from appearance at registration-office.—(1)(a) A person who by reason of
bodily infirmity is unable without risk or serious inconvenience to appear at the registration-office, or
(b) a person in jail under civil or criminal process, or
(c) persons exempt by law from personal appearance in Court, and who would but for the provisions
next hereinafter contained be required to appear in person at the registration-office,
shall not be required so to appear.
(2) In the case of every such person the registering officer shall either himself go to the house of such
person, or to the jail in which he is confined, and examine him or issue a commission for his examination.
39. Law as to summonses, commissions and witnesses.—The law in force for the time being as to
summonses, commissions and compelling the attendance of witnesses, and for their remuneration in suits
before Civil Courts, shall, save as aforesaid and mutatis mutandis, apply to any summons or commission
issued and any person summoned to appear under the provisions of this Act.
PART VIII
OF PRESENTING WILLS AND AUTHORITIES TO ADOPT
40. Persons entitled to present wills and authorities to adopt.—(1) The testator, or after his death
any person claiming as executor or otherwise under a will, may present it to any Registrar or
Sub-Registrar for registration.

1. Ins. by Act 13 of 1926, s 2.
2. Subs. by the A.O. 1950, for “Provincial”.
3. Subs. by the A.O. 1939, for “Local Official Gazette”.
16
(2) The donor, or after his death the done, of any authority to adopt, or the adoptive son, may present
it to any Registrar or Sub-Registrar for registration.
41. Registration of wills and authorities to adopt.—(1) A will or an authority to adopt, presented
for registration by the testator or donor, may be registered in the same manner as any other document.
(2) A will or authority to adopt presented for registration by any other person entitled to present it
shall be registered if the registering officer is satisfied—
(a) that the will or authority was executed by the testator or donor, as the case may be;
(b) that the testator or donor is dead; and
(c) that the person presenting the will or authority is, under section 40, entitled to present the
same.
PART IX
OF THE DEPOSIT WILLS
42. Deposit of wills.—Any testator may, either personally or by duly authorized agent, deposit with
any Registrar his will in a sealed cover superscribed with the name of the testator and that of his agent (if
any) and with a statement of the nature of the document.
43. Procedure on deposit of wills.—(1) On receiving such cover, the Registrar, if satisfied that the
person presenting the same for deposit is the testator or his agent, shall transcribe in his Register-book
No. 5 the superscription aforesaid, and shall note in the same book and on the said cover the year, month,
day and hour of such presentation and receipt, and the names of any persons who may testify to the
identity of the testator or his agent, and any legible inscription which may be on the seal of the cover.
(2) The Registrar shall then place and retain the sealed cover in his fire-proof box.
44. Withdrawal of sealed cover deposited under section 42.—If the testator who has deposited
such cover wishes to withdraw it, he may apply, either personally or by duly authorized agent, to the
Registrar who holds it in deposit, and such Registrar, if satisfied that the applicant is actually the testator
or his agent, shall deliver the cover accordingly.
45. Proceedings on death of depositor.—(1) If, on the death of a testator who has deposited a
sealed cover under section 42, application be made to the Registrar who holds it in deposit to open the
same, and if the Registrar is satisfied that the testator is dead, he shall, in the applicant’s presence, open
the cover, and, at the applicant’s expense, cause the contents thereof to be copied into his Book No. 3.
(2) When such copy has been made, the Registrar shall re-deposit the original will.
46. Saving of certain enactments and powers of Courts.—(1) Nothing hereinbefore contained
shall affect the provisions of section 259 of the Indian Succession Act, 1865 (10 of 1865),
1
or of section
81 of the Probate and Administration Act, 1881 (5 of 1881),
1
or the power of any Court by order to
compel the production of any will.
(2) When any such order is made, the Registrar shall, unless the will has been already copied under
section 45, open the cover and cause the will to be copied into his Book No. 3 and make a note on such
copy that the original has been removed into Court in pursuance of the order aforesaid.

1. See now Indian Succession Act, 1925 (39 of 1925).
17
PART X
OF THE EFFECTS OF REGISTRATION AND NON-REGISTRATION
47. Time from which registered document operates.—A registered document shall operate from
the time from which it would have commenced to operate if no registration thereof had been required or
made, and not from the time of its registration.
48. Registered documents relating to property when to take effect against oral agreements.—
All non-testamentary documents duly registered under this Act, and relating to any property, whether
movable or immovable, shall take effect against any order agreement or declaration relating to such
property, unless where the agreement or declaration has been accompanied or followed by delivery of
possession 1
[and the same constitutes a valid transfer under any law for the time being in force:
Provided that a mortgage by deposit of title-deeds as defined in section 58 of the Transfer of Property
Act, 1882 (4 of 1882), shall take effect against any mortgage-deed subsequently executed and registered
which relates to the same property].
49. Effect of non-registration of documents required to be registered.—No document required by
section 17 1
[or by any provision of the Transfer of Property Act, 1882 (4 of 1882)], to be registered
shall—
(a) affect any immovable property comprised therein, or
(b) confer any power to adopt, or
(c) be received as evidence of any transaction affecting such property or conferring such power,
unless it has been registered:
1
[Provided that an unregistered document affecting immovable property and required by this Act or
the Transfer of Property Act, 1882 (4 of 1882), to be registered may be received as evidence of a contract
in a suit for specific performance under Chapter II of the Specific Relief Act, 1877 (1 of 1877)2
,
3
[***] or
as evidence of any collateral transaction not required to be effected by registered instrument.]
50. Certain registered documents relating to land to take effect against unregistered
documents.—(1) Every document of the kinds mentioned in clauses (a), (b), (c) and (d) of section 17,
sub-section (1), and clauses (a) and (b) of section 18, shall, if duly registered, take effect as regards the
property comprised therein, against every unregistered document relating to the same property, and not
being a decree or order, whether such unregistered document be of the same nature as the registered
document or not.
(2) Nothing in sub-section (1) applies to leases exempted under the proviso to sub-section (1) of
section 17 or to any document mentioned in sub-section (2) of the same section, or to any registered
document which had not priority under the law in force at the commencement of this Act.
Explanation.—In cases, where Act No. XVI of 1864 or the Indian Registration Act, 1866 (20 of
1866), was in force in the place and at the time in and at which such unregistered document was executed,
“unregistered” means not registered according to such Act, and where the document is executed after the

1. Ins. by Act 21 of 1929, s. 10.
2. See now the Specific Relief Act, 1963 (47 of 1963).
3. Certain words omitted by Act 48 of 2001 s. 6 (w.e.f. 24-9-2001).
18
first day of July, 1871, not registered under the Indian Registration Act, 1871 (8 of 1971), or the Indian
Registration Act, 1877 (3 of 1977), or this Act.
PART XI
OF THE DUTIES AND POWERS OF REGISTERING OFFICERS
(A) As to the Register-books and Indexes
51. Register-books to be kept in the several offices.—(1) The following books shall be kept in the
several offices hereinafter named, namely:—
A—In all registration offices—
Book 1, “Register of non-testamentary documents relating to immovable property”;
Book 2, “Record of reasons for refusal to register”;
Book 3, “Register of wills and authorities to adopt”; and
Book 4, “Miscellaneous Register”;
B—In the offices of Registrars—
Book 5, “Register of deposits of wills”.
(2) In Book 1 shall be entered or filed all documents or memoranda registered under sections 17, 18
and 89 which relate to immovable property, and are not wills.
(3) In Book 4 shall be entered all documents registered under clauses (d) and (f) of section 18 which
do not relate to immovable property.
(4) Nothing in this section shall be deemed to require more than one set of books where the office of
the Registrar has been amalgamated with the office of a Sub-Registrar.
52. Duties of registering officers when document presented.—(1)(a) The day, hour and place of
presentation, 1
[the photographs and finger prints affixed under section 32A,] and the signature of every
person presenting a document for registration, shall be endorsed on every such document at the time of
presenting it;
(b) a receipt for such document shall be given by the registering officer to the person presenting the
same; and
(c) subject to the, provisions contained in section 62, every document admitted to registration shall
without unnecessary delay be copied in the book appropriated therefore according to the order of its
admission.
(2) All such books shall be authenticated at such intervals and in such manner as is from time to time
prescribed by the Inspector-General.

1. Ins. by Act 48 of 2001, s. 7 (w.e.f. 24-9-2001).
19
53. Entries to be numbered consecutively.—All entries in each book shall be numbered in a
consecutive series, which shall commence and terminate with the year, a fresh series being commenced at
the beginning of each year.
54. Current indexes and entries therein.—In every office in which any of the books hereinbefore
mentioned are kept, there shall be prepared current indexes of the contents of such books; and every entry
in such indexes shall be made, so far as practicable, immediately after the registering officer has copied,
or filed a memorandum of, the document to which it relates.
55. Indexes to be made by registering officers, and their contents.—(1) Four such indexes shall
be made in all registration-offices, and shall be named, respectively, Index No. I, Index No. II, Index No.
III and Index No. IV.
(2) Index No. I shall contain the names and additions of all persons executing and of all persons
claiming under every document entered or memorandum filed in Book No. 1.
(3) Index No. II shall contain such particulars mentioned in section 21 relating to every such
document and memorandum as the Inspector-General from time to time directs in that behalf.
(4) Index No. III shall contain the names and additions of all persons executing every will and
authority entered in Book No. 3, and of the executors and persons respectively appointed thereunder, and
after the death of the testator or the donor (but not before) the names and additions of all persons claiming
under the same.
(5) Index No. IV shall contain the names and additions of all persons executing and of all persons
claiming under every document entered in Book No. 4.
(6) Each Index shall contain such other particulars, and shall be prepared in such form, as the
Inspector-General from time to time directs.
56. [Copy of entries in Indexes Nos. I, II and III to be sent by Sub-Registrar to Registrar and filed.]
Rep. by the Indian Registration (Amendment) Act, 1929. (15 of 1929), s.2.
57. Registering officers to allow inspection of certain books and indexes, and to give certified
copies of entries.—(1) Subject to the previous payment of the fees payable in that behalf, the Books Nos.
1 and 2 and the Indexes relating to Book No. 1 shall be at all times open to inspection by any person
applying to inspect the same; and, subject to the provisions of section 62, copies or entries in such books
shall be given to all persons applying for such copies.
(2) Subject to the same provisions, copies of entries in Book No. 3 and in the Index relating thereto
shall be given to the persons executing the documents to which such entries relate, or to their agents, and
after the death of the executants (but not before) to any person applying for such copies.
(3) Subject to the same provisions, copies of entries in Book No. 4 and in the Index relating thereto
shall be given to any person executing or claiming under the documents to which such entries respectively
refer, or to his agent or representative.
20
(4) The requisite search, under this section for entries in Books Nos. 3. and 4 shall be made only by
the registering officer.
(5) All copies given under this section shall be signed and sealed by the registering officer, and shall
be admissible for the purpose of proving the contents of the original documents.
(B) As to the procedure on admitting to registration
58. Particulars to be endorsed on documents admitted to registration.—(1) On every document
admitted to registration, other than a copy of a decree or order, or a copy sent to a registering officer
under section 89, there shall be endorsed from time to time the following particulars, namely:—
(a) the signature and addition of every person admitting the execution of the document, and, if
such execution has been admitted by the representative, assign or agent of any person, the signature
and addition of such representative, assign or agent;
(b) the signature and addition of every person examined in reference to such document under any
of the provisions of this Act; and
(c) any payment of money or delivery of goods made in the presence of the registering officer in
reference to the execution of the document, and any admission of receipt of consideration, in whole or
in part, made in his presence in reference to such execution.
(2) If any person admitting the execution of a document refuses to endorse the same, the registering
officer shall nevertheless register it, but shall at the same time endorse a note of such refusal.
59. Endorsements to be dated and signed by registering officer.—The registering officer shall
affix the date and his signature to all endorsements made under sections 52 and 58, relating to the same
document and made in his presence on the same day.
60. Certificate of registration.—(1) After such of the provisions of sections 34, 35, 58 and 59 as
apply to any document presented for registration have been complied with, the registering officer shall
endorse thereon a certificate containing the word “registered”, together with the number and page of the
book in which the document has been copied.
(2) Such certificate shall be signed, sealed and dated by the registering officer, and shall then be
admissible for the purpose of proving that the document has been duly registered in manner provided by
this Act, and that the facts mentioned in the endorsements referred to in section 59 have occurred as
therein mentioned.
61. Endorsements and certificate to be copied and document returned.—(1) The endorsements
and certificate referred to and mentioned in sections 59 and 60 shall thereupon be copied into the margin
of the Register-book, and the copy of the map or plan (if any) mentioned in section 21 shall be filed in
Book No. 1.
(2) The registration of the document shall thereupon be deemed complete, and the document shall
then be returned to the person who presented the same for registration, or to such other person (if any) as
he has nominated in writing in that behalf on the receipt mentioned in section 52.
21
62. Procedure on presenting document in language unknown to registering officer.—(1) When a
document is presented for registration under section 19, the translation shall be transcribed in the register
of documents of the nature of the original, and, together with the copy referred to in section 19, shall be
filed in the registration office.
(2) The endorsements and certificate respectively mentioned in sections 59 and 60 shall be made on
the original, and, for the purpose of making the copies and memoranda required by sections 57, 64, 65
and 66, the translation shall be treated as if it were the original.
63. Power to administer oaths and record of substance of statements.—(1) Every registering
officer may at his discretion administer an oath to any person examined by him under the provisions of
this Act.
(2) Every such officer may also at his discretion record a note of the substance of the statement made
by each such person, and such statement shall be read over, or (if made in a language with which such
person is not acquainted) interpreted to him in a language with which he is acquainted, and, if he admits
the correctness of such note, it shall be signed by the registering officer.
(3) Every such note so signed shall be admissible for the purpose of proving that the statements
therein recorded were made by the persons and under the circumstances therein stated.
(C) Special duties of Sub-Registrar
64. Procedure where document relates to land in several sub-districts.—Every Sub-Registrar on
registering a non-testamentary document relating to immovable property not wholly situate in his own
sub-district shall make a memorandum thereof and of the endorsement and certificate (if any) thereon,
and send the same to every other Sub-Registrar subordinate to the same Registrar as himself in whose
sub-district any part of such property is situate, and such Sub-Registrar shall file the memorandum in his
Book No. 1
65. Procedure where document relates to land in several districts.—(1) Every Sub-Registrar on
registering a non-testamentary document relating to immovable property situate in more districts than one
shall also forward a copy thereof and of the endorsement and certificate (if any) thereon, together with a
copy of the map or plan (if any) mentioned in section 21, to the Registrar of every district in which any
part of such property is situate other than the district in which his own sub-district is situate.
(2) The Registrar on receiving the same shall file in his Book No. 1 the copy of the document and the
copy of the map or plan (if any), and shall forward a memorandum of the document to each of the
Sub-Registrars subordinate to him within whose sub-district any part of such property is situate; and
every Sub-Registrar receiving such memorandum shall file in his Book No. 1.
(D) Special duties of Registrar
66. Procedure after registration of documents relating to land.—(1) On registering any nontestamentary
document relating to immovable property, the Registrar shall forward a memorandum of
such document to each Sub-Registrar subordinate to himself in whose sub-district any part of the property
is situate.
22
(2) The Registrar shall also forward a copy of such document, together with a copy of the map or plan
(if any) mentioned in section 21, to every other Registrar in whose district any part of such property is
situate.
(3) Such Registrar on receiving any such copy shall file it in his Book No. 1, and shall also send a
memorandum of the copy to each of the Sub-Registrars subordinate to him within whose sub-district any
part of the property is situate.
(4) Every Sub-Registrar receiving any memorandum under this section shall file it in his Book No. 1.
1
* * * * *
(E) Of the controlling powers of Registrars and Inspector-General
68. Power of Registrar to superintend and control Sub-Registrars.—(1) Every Sub-Registrar
shall perform the duties of his office under the superintendence and control of the Registrar in whose
district the office of such Sub-Registrar is situate.
(2) Every Registrar shall have authority to issue (whether on complaint or otherwise) any order
consistent with this Act which he considers necessary in respect of any act or omission of any
Sub-Registrar subordinate to him or in respect of the rectification of any error regarding the book or the
office in which any document has been registered.
69. Power of Inspector-General to superintend registration offices and make rules.—(1) The
Inspector-General shall exercise a general superintendence over all the registration-offices in the
territories under the 2
[State] Government, and shall have power from time to time to make rules consistent
with this Act—
(a) providing for the safe custody of books, papers and documents 3
[***];
4
[(aa) providing the manner in which and the safeguards subject to which the books may be kept
in computer floppies or diskettes or in any other electronic form under sub-section (1) of section
16A;]
(b) declaring what languages shall be deemed to be commonly used in each district;
(c) declaring what territorial divisions shall be recognized under section 21;
(d) regulating the amount of fines imposed under sections 25 and 34, respectively;
(e) regulating the exercise of the discretion reposed in the registering officer by section 63;
(f) regulating the form in which registering officers are to make memoranda of documents;
(g) regulating the authentication by Registrars and Sub-Registrars of the books kept in their
respective offices under section 51;
5
[(gg) regulating the manner in which the instruments referred to in sub-section (2) of section 88
may be presented for registration;]

1. S. 67 omitted by Act 48 of 2001, s. 8 (w.e.f. 24-9-2001).
2. Subs. by the A.O. 1950, for “Provincial”.
3. The words “and also for the destruction of such books, papers and documents as need no longer be kept” omitted by Act 5 of
1917, s. 6 and Sch.
4. Ins. by Act 48 of 2001, s. 9 (w.e.f. 24-9-2001).
5. Ins. by Act 39 of 1948, s. 4.
23
(h) declaring the particulars to be contained in Indexes Nos. I, II, III and IV, respectively;
(i) declaring the holidays that shall be observed in the registration-offices; and
(j) generally, regulating the proceedings of the Registrars and Sub-Registrars.
(2) The rules so made shall be submitted to the 1
[State] Government for approval, and after they have
been approved, they shall be published in the 2
[Official Gazette], and on publication shall have effect as if
enacted in this Act.
70. Power of Inspector-General to remit fines.—The Inspector-General may also, in the exercise
of his discretion, remit wholly or in part the difference between any fine levied under section 25 or
section 34, and the amount of the proper registration fee3
.
PART XII
OF REFUSAL TO REGISTER
71. Reasons for refusal to register to be recorded.—(1) Every Sub-Registrar refusing to register a
document, except on the ground that the property to which it relates is not situate within his sub-district,
shall make an order of refusal and record his reasons for such order in his Book No. 2, and endorse the
words “registration refused” on the document; and, on application made by any person executing or
claiming under the document, shall, without payment and unnecessary delay, give him a copy of the
reasons so recorded.
(2) No registering officer shall accept for registration a document so endorsed unless and until, under
the provisions hereinafter contained, the document is directed to be registered.
72. Appeal to Registrar from orders of Sub-Registrar refusing registration on ground other
than denial of execution.—(1) Except where the refusal is made on the ground of denial of execution, an
appeal shall lie against an order of a Sub-Registrar refusing to admit a document to registration (whether
the registration of such document is compulsory or optional) to the Registrar to whom such Sub-Registrar
is subordinate, if presented to such Registrar within thirty days from the date of the order; and the
Registrar may reverse or alter such order.
(2) If the order of the Registrar directs the document to be registered and the document is duly
presented for registration within thirty days after the making of such order, the Sub-Registrar shall obey
the same, and thereupon shall, so far as may be practicable, follow the procedure prescribed in sections
58, 59 and 60; and such registration shall take effect as if the document had been registered when it was
first duly presented for registration.
73. Application to Registrar where Sub-Registrar refuses to register on ground of denial of
execution.—(1) When a Sub-Registrar has refused to register a document on the ground that any person
by whom it purports to be executed, or his representative or assign, denies its execution, any person
claiming under such document, or his representative, assign or agent authorized as aforesaid, may, within

1. Subs. by the A.O. 1950, for “Provincial”.
2. Subs. by the A.O. 1937, for “Local Official Gazette”.
3. For Part XIA (Comprising ss. 70A to 70D): “Of the Copying of Documents by means of Photography”, applicable to Bombay
only, see the Indian Registration (Bombay Amendment) Act, 1930 (Bom. Act 17 of 1930), s. 3. For the subs. s. 70B, see the
Indian Registration (Bombay Amendment) Act, 1938 (Bom. Act 24 of 1938), s. 5, and for s. 70E, see s. 7, ibid.
24
thirty days after the making of the order of refusal, apply to the Registrar to whom such Sub-Registrar is
subordinate in order to establish his right to have the document registered.
(2) Such application shall be in writing and shall be accompanied by a copy of the reasons recorded
under section 71, and the statements in the application shall be verified by the applicant in manner
required by law for the verification of plaints.
74. Procedure of Registrar on such application.—In such case, and also where such denial as
aforesaid is made before a Registrar in respect of a document presented for registration to him, the
Registrar shall, as soon as conveniently may be, enquire—
(a) whether the document has been executed;
(b) whether the requirements of the law for the time being in force have been complied with on
the part of the applicant or person presenting the document for registration, as the case may be, so as
to entitle the document to registration.
75. Order by Registrar to register and procedure thereon.—(1) If the Registrar finds that the
document has been executed and that the said requirements have been complied with, he shall order the
document to be registered.
(2) If the document is duly presented for registration within thirty days after the making of such order,
the registering officer shall obey the same and thereupon shall, so far as may be practicable, follow the
procedure prescribed in sections 58, 59 and 60.
(3) Such registration shall take effect as if the document had been registered when it was first duly
presented for registration.
(4) The Registrar may, for the purpose of any enquiry under section 74, summon and enforce the
attendance of witnesses, and compel them to give evidence, as if he were a Civil Court, and he may also
direct by whom the whole or any part of the costs of any such enquiry shall be paid, and such costs shall
be recoverable as if they had been awarded in a suit under the Code of Civil Procedure, 1908 (5 of 1908).
76. Order of refusal by Registrar.—(1) Every Registrar refusing—
(a) to register a document except on the ground that the property to which it relates is not situate
within his district or that the document ought to be registered in the office of a Sub-Registrar, or
(b) to direct the registration of a document under section 72 or section 75,
shall make an order of refusal and record the reasons for such order in his Book No. 2, and, on application
made by any person executing or claiming under the document, shall, without unnecessary delay, give
him a copy of the reasons so recorded.
(2) No appeal lies from any order by a Registrar under this section or section 72.
77. Suit in case of order of refusal by Registrar.—(1) Where the Registrar refuses to order the
document to be registered, under section 72 or section 76, any person claiming under such document, or
his representative, assign or agent, may, within thirty days after the making of the order of refusal,
institute in the Civil Court, within the local limits of whose original jurisdiction is situate the office in
25
which the document is sought to be registered, a suit for a decree directing the document to be registered
in such office if it be duly presented for registration within thirty days after the passing of such decree.
(2) The provisions contained in sub-sections (2) and (3) of section 75 shall, mutatis mutandis, apply
to all documents presented for registration in accordance with any such decree, and, notwithstanding
anything contained in this Act, the documents shall be receivable in evidence in such suit.
PART XIII
OF THE FEES FOR REGISTRATION, SEARCHES AND COPIES
78. Fees to be fixed by State Government.—1
*** The State Government shall prepare a table of
fees payable—
(a) for the registration of documents;
(b) for searching the registers;
(c) for making or granting copies of reasons, entries or documents, before, on or after
registration;
and of extra or additional fees payable—
(d) for every registration under section 30;
(e) for the issue of commissions;
(f) for filing translations;
(g) for attending at private residences;
(h) for the safe custody and return of documents; and
(i) for such other matters as appear to the State Government necessary to effect the purposes of
this Act.
79. Publication of fees.—A table of the fees so payable shall be published in the Official Gazette,
and a copy thereof in English and the vernacular language of the district shall be exposed to public view
in every registration office.
80. Fees payable on presentation.—All fees for the registration of documents under this Act shall
be payable on the presentation of such documents.2
PART XIV
OF PENALTIES
81. Penalty for incorrectly endorsing, copying, translating or registering documents with intent
to injure.—Every registering officer appointed under this Act and every person employed in his office

1. The words “Subject to the control of the G.G. in C.” rep. by Act 38 of 1920, s. 2 and the First Sch.
2. For Part XIIIA, comprising ss. 80A to 80G, applicable to Bengal only, see the Bengal Touts Act, 1942 (Ben. 5 of 1942), s. 9.
26
for the purposes of this Act, who, being charged with the endorsing, copying, translating or registering of
any document presented or deposited under its provisions, endorses, copies, translates or registers such
document in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing
it to be likely that he may thereby cause, injury, as defined in the Indian Penal Code (45 of 1860), to any
person, shall be punishable with imprisonment for a term which may extend to seven years, or with fine,
or with both.
82. Penalty for making false statements, delivering false copies or translations, false
personation, and abetment.—Whoever—
(a) intentionally makes any false statement, whether on oath or not, and whether it has been
recorded or not, before any officer acting in execution of this Act, in any proceeding or enquiry under
this Act; or
(b) intentionally delivers to a registering officer, in any proceeding under section 19 or section 21,
a false copy or translation of a document, or a false copy of a map or plan; or
(c) falsely personates another, and in such assumed character presents any document, or makes
any admission or statement, or causes any summons or commission to be issued, or does any other act
in any proceeding or enquiry under this Act; or
(d) abets anything made punishable by this Act,
shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with
both.1
83. Registering officers may commence prosecutions.—(1) A prosecution for any offence under
this Act coming to the knowledge of a registering officer in his official capacity may be commenced by or
with the permission of the Inspector-General, 2
[***] the Registrar or the Sub-Registrar, in whose
territories, district or sub-district, as the case may be, the offence has been committed.
(2) Offences punishable under this Act shall be triable by any Court or officer exercising powers not
less than those of a Magistrate of the second class.
84. Registering officers to be deemed public servants.—(1) Every registering officer appointed
under this Act shall be deemed to be a public servant within the meaning of the Indian Penal Code
(45 of 1860).
(2) Every person shall be legally bound to furnish information to such registering officer when
required by him to do so.
(3) In section 228 of the Indian Penal Code (45 of 1860), the words “judicial proceeding” shall be
deemed to include any proceeding under this Act.
PART XV
MISCELLANEOUS
85. Destruction of unclaimed documents.—Documents (other than wills) remaining unclaimed in
any registration office for a period exceeding two years may be destroyed.

1. For s. 82A, applicable to Bengal only, see the Bengal Touts Act, 1942 (Ben. Act 5 of 1942), s. 10.
2. The words “the Branch Inspector-General of Sindh” rep. by the A.O. 1937.
27
86. Registering officer not liable for thing bona fide done or refused in his official capacity.—No
registering officer shall be liable to any suit, claim or demand by reason of anything in good faith done or
refused in his official capacity.
87. Nothing so done invalidated by defect in appointment or procedure.—Nothing done in good
faith pursuant to this Act or any Act hereby repealed, by any registering officer, shall be deemed invalid
merely by reason of any defect in his appointment or procedure.
1
[88. Registration of documents executed by Government officers or certain public
functionaries.—(1) Notwithstanding anything contained in this Act, it shall not be necessary for—
(a) any officer of Government, or
(b) any Administrator-General, Official Trustee or Official Assignee, or
(c) the Sheriff, Receiver or Registrar of a High Court, or
(d) the holder for the time being of such other public office as may be specified in a notification
in the Official Gazette issued in that behalf by the State Government,
to appear in person or by agent at any registration-office in any proceeding connected with the registration
of any instrument executed by him or in his favour, in his official capacity, or to sign as provided in
section 58.
(2) Any instrument executed by or in favour of an officer of Government or any other person referred
to in sub-section (1) may be presented for registration in such manner as may be prescribed by rules made
under section 69.
(3) The registering officer to whom any instrument is presented for registration under this section
may, if he thinks fit, refer to any Secretary to Government or to such officer of Government or other
person referred to in sub-section (1) for information respecting the same and, on being satisfied of the
execution thereof, shall register the instrument.]
89. Copies of certain orders, certificates and instruments to be sent to registering officers and
filed.—(1) Every officer granting a loan under the Land Improvement Loans Act, 1883 (19 of 1883),
shall send a copy of his order to the registering officer within the local limits of whose jurisdiction the
whole or any part of the land to be improved or of the land to be granted as collateral security, is situate,
and such registering officer shall file the copy in his Book No. 1.
(2) Every Court granting a certificate of sale of immovable property under the Code of Civil
Procedure, 1908 (5 of 1908), shall send a copy of such certificate to the registering officer within the local
limits of whose jurisdiction the whole or any part of the immovable property comprised in such certificate
is situate, and such officer shall file the copy in his Book No. 1.
(3) Every officer granting a loan under the Agriculturists’ Loans Act, 1884 (12 of 1884), shall send a
copy of any instrument whereby immovable property is mortgaged for the purpose of securing the
repayment of the loan, and, if any such property is mortgaged for the same purpose in the order granting

1. Subs. by Act 39 of 1948, s. 5, for s. 88.
28
the loan, a copy also of that order, to the registering officer within the local limits of whose jurisdiction
the whole or any part of the property so mortgaged is situate, and such registering officer shall file the
copy or copies, as the case may be, in his Book No. 1.
(4) Every Revenue-officer granting a certificate of sale to the purchaser of immovable property sold
by public auction shall send a copy of the certificate to the registering officer within the local limits of
whose jurisdiction the whole or any part of the property comprised in the certificate is situate, and such
officer shall file the copy in his Book No. 1.
Exemptions from Act
90. Exemption of certain documents executed by or in favour of Government.—(1) Nothing
contained in this Act or in the Indian Registration Act, 1877 (3 of 1877), or in the Indian Registration Act,
1871 (8 of 1871), or in any Act thereby repealed, shall be deemed to require, or to have at any time
required, the registration of any of the following documents or maps, namely:—
(a) documents issued, received or attested by any officer engaged in making a settlement or
revision or settlement of land-revenue, and which form part of the records of such settlement; or
(b) documents and maps issued, received or authenticated by any officer engaged on behalf of
Government in making or revising the survey of any land, and which form part of the record of such
survey; or
(c) documents which, under any law for the time being in force, are filed periodically in any
revenue-officer by patwaris or other officers charged with the preparation of village records; or
(d) sanads, inam, title-deeds and other documents purporting to be or to evidence grants or
assignments by Governments of land or of any interest in land; or
(e) notices given under section 74 or section 76 of the Bombay Land Revenue Code, 1879
(Bom. 5 of 1879, or relinquishment by occupancy by occupants, or of alienated land by holders of
such land.
(2) All such documents and maps shall, for the purposes of sections 48 and 49, be deemed to have
been and to be registered in accordance with the provisions of this Act.
91. Inspection and copies of such documents.—1
[(1)] Subject to such rules and the previous
payment of such fees as the 2
[
3
[State] Government, by notification in the Official Gazette, prescribes in
this behalf], all documents and maps mentioned in section 90, clauses (a), (b), (c), and (e), and all
registers of the documents mentioned in clause (d), shall be open to the inspection of any persons
applying to inspect the same, and, subject as aforesaid, copies of such documents shall be given to all
persons applying for such copies.

1. S. 91 renumbered as sub-section (1) thereof by Act 20 of 1983, s. 2 and Sch. (w.e.f. 15-3-1984).
2. Subs. by s. 2 and Sch., ibid., for “State Government prescribes in this behalf” (w.e.f. 15-3-1984).
3. Subs. by the A.O. 1950, for “Provincial”.
29
1
[(2) Every rule prescribed under this sub-section or made under section 69 shall be laid, as soon as it
is made, before the State Legislature.]
92. [Burmese registration-rules confirmed.] Rep. by the A.O. 1937.
Repeals
93. [Repeals.] (Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and Sch.
THE SCHEDULE.—[Repeal of Enactments] Rep. by s. 2 and Sch. ibid.

1. Ins. by Act 20 of 1983, s. 2 and Sch., (w.e.f. 15-3-1984).

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THE NEGOTIABLE INSTRUMENTS ACT, 1881

1
THE NEGOTIABLE INSTRUMENTS ACT, 1881
_____________
ARRENGMENT OF SECTIONS
PREAMBLE ____________
CHAPTER I
PRELIMINARY
SECTIONS
1. Short title.
Local extent.
Saving of usages relating to hundis, etc.
Commencement.
2. [Repealed.]
3. Interpretation-clause.
Banker.
CHAPTER II
OF NOTES, BILLS AND CHEQUES
4. “Promissory note”.
5. “Bill of exchange”.
6. “Cheque”.
7. “Drawer.”
“Drawee”.
“Drawee in case of need”.
“Acceptor”.
“Acceptor for honour”.
“Payee”.
8. “Holder”.
9. “Holder in due course”.
10. “Payment in due course”.
11. Inland instrument.
12. Foreign instrument.
13. “Negotiable instrument”.
14. Negotiation.
15. Indorsement.
2
SECTIONS
16. Indorsement “in blank” and “in full”.
“Indorsee”.
17. Ambiguous instruments.
18. Where amount is stated differently in figures and words.
19. Instruments payable on demand.
20. Inchoate stamped instruments.
21. “At sight”.
“On presentment”.
“After sight”.
22. “Maturity”.
Days of grace.
23. Calculating maturity of bill or note payable so many months after date or sight.
24. Calculating maturity of bill or note payable so many days after date or sight.
25. When day of maturity is a holiday.
CHAPTER III
P A R T I E S T O N O T E S, B I L L S A N D C H E Q U E S .
26. Capacity to make, etc., promissory notes, etc.
Minor.
27. Agency.
28. Liability of agent signing.
29. Liability of legal representative signing.
30. Liability of drawer.
31. Liability of drawee of cheque.
32. Liability of maker of note and acceptor of bill.
33. Only drawee can be acceptor except in need or for honour.
34. Acceptance by several drawees not partners.
35. Liability of indorser.
36. Liability of prior parties to holder in due course.
37. Maker, drawer and acceptor principals.
38. Prior party a principal in respect of each subsequent party.
39. Suretyship.
40. Discharge of indorser’s liability.
3
SECTIONS
41. Acceptor bound, although, indorsement forged.
42. Acceptance of bill drawn in fictitious name.
43. Negotiable instrument made, etc., without consideration.
44. Partial absence or failure of money-consideration.
45. Partial failure of consideration not consisting of money.
45A. Holder’s right to duplicate of lost bill.
CHAPTER IV
OF NEGOTIATION
46. Delivery.
47. Negotiation by delivery.
48. Negotiation by indorsement.
49. Conversion of indorsement in blank into indorsement in full.
50. Effect of indorsement.
51. Who may negotiate.
52. Indorser who excludes his own liability or makes it conditional.
53. Holder deriving title from holder in due course.
54. Instrument indorsed in blank.
55. Conversion of indorsement in blank into indorsement in full.
56. Indorsement for part of sum due.
57. Legal representative cannot by delivery only negotiate instrument indorsed by deceased.
58. Instrument obtained by unlawful means or for unlawful consideration.
59. Instrument acquired after dishonour or when overdue.
Accommodation note or bill.
60. Instrument negotiable till payment or satisfaction.
C H A P T E R V
O F P R E S E N T M E N T
61. Presentment for acceptance.
62. Presentment of promissory note for sight.
63. Drawee’s time for deliberation.
64. Presentment for payment.
65. Hours for presentment.
66. Presentment for payment of instrument payable after date or sight.
67. Presentment for payment of promissory note payable by instalments.
4
SECTIONS
68. Presentment for payment of instrument payable at specified place and not elsewhere.
69. Instrument payable at specified place.
70. Presentment where no exclusive place specified.
71. Presentment when maker, etc., has no known place of business or residence.
72. Presentment of cheque to charge drawer.
73. Presentment of cheque to charge any other person.
74. Presentment of instrument payable on demand.
75. Presentment by or to agent, representative of deceased, or assignee of insolvent.
75A. Excuse for delay in presentment for acceptance or payment.
76. When presentment unnecessary.
77. Liability of banker for negligently dealing with bill presented for payment.
CHAPTER VI
OF PAYMENT AND INTEREST
78. To whom payment should be made.
79. Interest when rate specified.
80. Interest when no rate specified.
81. Delivery of instrument on payment, or indemnity in case of loss.
CHAPTER VII
OF DISCHARGE FROM LIABILITY ON NOTES, BILLS AND CHEQUES
82. Discharge from liability.
(a) by cancellation;
(b) by release;
(c) by payment.
83. Discharge by allowing drawee more than forty-eight hours to accept.
84. When cheque not duly presented and drawer damaged thereby.
85. Cheque payable to order.
85A. Drafts drawn by one branch of a bank on another payable to order.
86. Parties not consenting discharged by qualified or limited acceptance.
87. Effect of material alteration.
Alteration by indorsee.
88. Acceptor or indorser bound notwithstanding previous alteration.
89. Payment of instrument on which alteration is not apparent.
90. Extinguishment of rights of action on bill in acceptor’s hands.
5
CHAPTER VIII
OF NOTICE OF DISHONOUR
SECTIONS
91. Dishonour by non-acceptance.
92. Dishonour by non-payment.
93. By and to whom notice should be given.
94. Mode in which notice may be given.
95. Party receiving must transmit notice of dishonour.
96. Agent for presentment.
97. When party to whom notice given is dead.
98. When notice of dishonour is unnecessary.
CHAPTER IX
O F N O T I N G A N D P R O T E S T
99. Noting.
100. Protest.
Protest for better security.
101. Contents of protest.
102. Notice of protest.
103. Protest for non-payment after dishonour by non-acceptance.
104. Protest of foreign bills.
104A.When noting equivalent to protest.
CHAPTER X
O F R E A S O N A B L E T I M E
105. Reasonable time.
106. Reasonable time of giving notice of dishonour.
107. Reasonable time for transmitting such notice.
CHAPTER XI
OF ACCEPTANCE AND PAYMENT FOR HONOUR AND REFERENCE IN CASE OF NEED
108. Acceptance for honour.
109. How acceptance for honour must be made.
110. Acceptance not specifying for whose honour it is made.
111. Liability of acceptor for honour.
112. When acceptor for honour may be charged.
113. Payment for honour.
114. Right of payer for honour.
115. Drawee in case of need.
6
SECTIONS
116. Acceptance and payment without protest.
CHAPTER XII
O F C O M P E N S A T I O N
117. Rules as to compensation.
CHAPTER XIII
S P E C I A L R U L E S O F E V I D E N C E
118. Presumptions as to negotiable instruments.
(a) of consideration;
(b) as to date;
(c) as to time of acceptance;
(d) as to time of transfer;
(e) as to order of indorsements;
(f) as to stamp;
(g) that holder is a holder in due course;
119. Presumption on proof of protest.
120. Estoppel against denying original validity of instrument.
121. Estoppel against denying capacity of payee to indorse.
122. Estoppel against denying signature or capacity of prior party.
CHAPTER XIV
O F C R O S S E D C H E Q U E S
123. Cheque crossed generally.
124. Cheque crossed specially.
125. Crossing after issue.
126. Payment of cheque crossed generally.
Payment of cheque crossed specially.
127. Payment of cheque crossed specially more than once.
128. Payment in due course of crossed cheque.
129. Payment of crossed cheque out of due course.
130. Cheque bearing “not negotiable”.
131. Non-liability of banker receiving payment of cheque.
131A. Application of Chapter to drafts.
7
CHAPTER XV
O F B I L L S I N S E T S
SECTIONS
132. Set of bills.
133. Holder of first acquired part entitled to
CHAPTER XVI
O F I N T E R N A T I O N A L L A W
134. Law governing liability of maker, acceptor or indorser of foreign instrument.
135. Law of place of payment governs dishonour.
136. Instrument made, etc., out of India, but in accordance with the law of India.
137. Presumption as to foreign law.
CHAPTER XVII
OF PENALTIES IN CASE OF DISHONOUR OF CERTAIN CHEQUES FOR INSUFFICIENCY OF FUNDS IN THE
ACCOUNTS
138. Dishonour of cheque for insufficiency, etc., of funds in the account.
139. Presumption in favour of holder.
140. Defence which may not be allowed in any prosecution under section 138.
141. Offences by companies.
142. Cognizance of offences.
142A. Validation for transfer of pending cases.
143. Power of Court to try cases summarily.
144. Mode of service of summons.
145. Evidence on affidavit.
146. Bank’s slip prima facie evidence of certain facts.
147. Offences to be compoundable.
SCHEDULE.—[Enactments repealed].
8
THE NEGOTIABLE INSTRUMENTS ACT, 1881
ACT NO. 26 OF 18811
[9th December, 1881.]
An Act to define and amend the law relating to Promissory Notes, Bills of Exchange and Cheques.
Preamble.—Whereas it is expedient to define and amend the law relating to promissory notes, bills of
exchange and cheques; It is hereby enacted as follows:—
CHAPTER I
PRELIMINARY
1. Short title.—This Act may be called the Negotiable Instruments Act, 1881.
Local extent. Saving of usages relating to hundis, etc.—It extends to the whole of India 2
*** but
nothing herein contained affects the 3
Indian Paper Currency Act, 1871 (3 of 1871), section 21, or affects any
local usage relating to any instrument in an oriental language:
Provided that such usages may be excluded by any words in the body of the instrument which indicate an
intention that the legal relations of the parties thereto shall he governed by this Act;
Commencement.—and it shall come into force on the first day of March, 1882.
2. [ Repeal of enactments.] Rep. by the Repealing and Amending Act, 1891 (12 of 1891), s. 2 and the
Schedule I.
3. Interpretation-clause.—In this Act—
4
* * * * *
“Banker”.—5
[“banker” includes any person acting as a banker and any post office savings bank;]
6
* * * * *
CHAPTER II
OF NOTES, BILLS AND CHEQUES
4. “Promissory note.”—A “Promissory note” is an instrument in writing (not being a bank-note or a
currency-note) containing an unconditional undertaking, signed by the maker, to pay a certain sum of money
only to, or to the order of, a certain person, or to the bearer of the instrument.
Illustrations
A Signs instruments in the following terms:
(a ) “I promise to pay B or order Rs. 500.”
(b) “I acknowledge myself to be indebted to B in Rs. 1,000, to be paid on demand, for value received.”
(c) “Mr. B, I O U Rs. 1,000.”
(d) “I promise to Pay B Rs. 500 and all other sums which shall be due to him.”
(e) “I promise to Pay B Rs. 500, first deducting thereout any money which he may owe me.”
(f) “I promise to Pay B Rs. 500 seven days after my marriage with C.”
(g) “I, promise to Pay B Rs. 500 on D’s death, provided D leaves me enough to pay that sum.”

1. The Act has been extended to Goa, Daman and Diu with modifications, by Reg. 12 of 1962, s. 3 and Sch., extended to and brought
into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I (w.e.f. 1-7-1965), to the Union territory of Lakshadweep by
Reg. 8 of 1965, s. 3 and the Sch. (w.e.f. 1-10-1967) [and to the State of Arunachal Pradesh by Act 44 of 1993, s. 2 and the Sch.
(w.e.f. 1-7-1994)].
2. The words “except the State of Jammu and Kashmir”, which were subs. by Act 3 of 1951, for “except Part B States”, omitted by
Act 62 of 1956, s. 2 and the Sch.
3. Rep. by the Indian Paper Currency Act, 1923 (10 of 1923). See now the Reserve Bank of India Act, 1934 (2 of 1934), s. 31.
4. Definition of the word “India”, which was subs. by Act 3 of 1951, for the definition of the word “State”, omitted by Act 62 of 1956,
s. 2 and the Sch.
5. Subs. by Act 37 of 1955, s. 2, for the definition of the word “banker”.
6. Omitted by Act 53 of 1952, s. 16 (w.e.f. 14-2-1956).
9
(h) “I promise to Pay B Rs. 500 and to deliver to him my black horse on 1st January next.”
The instruments respectively marked (a) and (b) are promissory notes. The instruments respectively marked (c), (d),
(e), (f), (g) and (h) are not promissory notes.
5. “Bill of exchange”.—A “bill of exchange” is an instrument in writing containing an unconditional
order, signed by the maker, directing a certain person to pay a certain sum of money only to, or to the order of,
a certain person or to the bearer of the instrument.
A promise or order to pay is not “conditional”, within the meaning of this section and section 4, by reason
of the time for payment of the amount or any instalment thereof being expressed to be on the lapse of a certain
period after the occurrence of a specified even which, according to the ordinary expectation of mankind, is
certain to happen, although the time of its happening may be uncertain.
The sum payble may be “certain”, within the meaning of this section and section 4, although it includes
future interest or is payable at an indicated rate of exchange, or is according to the course of exchange, and
although the instrument provides that, on default of payment of an instalment, the balance unpaid shall
become due.
The person to whom it is clear that the direction is given or that payment is to be made may be a “certain
person”, within the meaning of this section and section 4, although he is mis-named or designated by
description only.
1
[6. “Cheque”.—A “cheque” is a bill of exchange drawn on a specified banker and not expressed to be
payable otherwise than on demand and it includes the electronic image of a truncated cheque and a cheque in
the electronic form.
Explanation I.—For the purposes of this section, the expressions—
2
[(a) “a cheque in the electronic form” means a cheque drawn in electronic form by using any
computer resource and signed in a secure system with digital signature (with or without biometrics
signature) and asymmetric crypto system or with electronic signature, as the case may be;]
(b) “a truncated cheque” means a cheque which is truncated during the course of a clearing cycle, either by
the clearing house or by the bank whether paying or receiving payment, immediately on generation of an
electronic image for transmission, substituting the further physical movement of the cheque in writing.
Explanation II.— For the purposes of this section, the expression “clearing house” means the clearing
house managed by the Reserve Bank of India or a clearing house recognised as such by the Reserve Bank of
India.]
3
[Explanation III.—For the purposes of this section, the expressions “asymmetric crypto system”,
“computer resource”, “digital signature”, “electronic form” and “electronic signature” shall have the same
meanings respectively assigned to them in the Information Technology Act, 2000 (21 of 2000).]
7. “Drawer.” “Drawee”.—The maker of a bill of exchange or cheque is called the “drawer”; the person
thereby directed to pay is called the “drawee”.
“Drawee in case of need”.— When in the Bill or in any indorsement thereon the name of any person is
given in addition to the drawee to be resorted to in case of need, such person is called a “drawee in case of
need.”
“Acceptor”.—After the drawee of a bill has signed his assent upon the bill, or, if there are more parts
thereof than one, upon one of such parts, and delivered the same, or given notice of such signing to the holder
or to some person on his behalf, he is called the “acceptor”.
“Acceptor for honour”.— 4
[When a bill of exchange has been noted or protested for non-acceptance or
for better security,] and any person accepts it supra protest for honour of the drawer or of any one of the
indorsers, such person is called an “acceptor for honour”.

1. Subs. by Act 55 of 2002, s. 2, for s. 6 (w.e.f. 6-2-2003).
2. Subs. by Act 26 of 2015, s. 2, for clause (a) (w.e.f. 15-6-2015)
3. The Explanation III, ins. by ibid, s. 2 (w.e.f. 15-6-2015).
4. Subs. by Act 2 of 1885, s. 2, for “When acceptance is refus ed and the bill is protested for non-acceptance.”
10
“Payee”.—The person named in the instrument, to whom or to whose order the money is by the
instrument directed to be paid, is called the “Payee”.
8. “Holder”.—The “holder” of a promissory note, bill of exchange or cheque means any person entitled
in his own name to the possession thereof and to receive or recover the amount due thereon from the parties
thereto.
Where the note, bill or cheque is lost or destroyed, its holder is the person so entitled at the time of such
loss or destruction.
9. “Holder in due course”.—“Holder in due course” means any person who for consideration became the
possessor of a promissory note, bill of exchange or cheque if payable to bearer,
or the payee or indorsee thereof, if 1
[payable to order,]
before the amount mentioned in it became payable, and without having sufficient cause to believe that any
defect existed in the title of the person from whom he derived his title.
10. “Payment in due course”.—“Payment in due course” means payment in accordance with the
apparent tenor of the instrument in good faith and without negligence to any person in possession thereof
under circumstances which do not afford a reasonable ground for believing that he is not entitled to receive
payment of the amount therein mentioned.
11. Inland instrument.—A promissory note, bill of exchange or cheque drawn or made in 2
[India], and
made payable in, or drawn upon any person resident, in 2
[India] shall be deemed to be an inland instrument.
12. Foreign instrument. —Any such instrument not so drawn, made or made payable shall be deemed to
be a foreign instrument.
13. “Negotiable instrument”.—3
[(1) A “negotiable instrument” means a promissory note, bill of
exchange or cheque payable either to order or to bearer.
Explanation (i)—A promissory note, bill of exchange or cheque is payable to order which is expressed to
be so payable or which is expressed to be payable to a particular person, and does not contain words
prohibiting transfer or indicating an intention that it shall not be transferable.
Explanation (ii)—A promissory note, bill of exchange or cheque is payble to bearer which is expressed to
be so payable or on which the only or last indorsement is an indorsement in blank.
Explanation (iii)—Where a promissory note, bill of exchange or cheque, either originally or by
indorsement, is expressed to be payable to the order of a specified person, and not to him or his order, it
is nevertheless payable to him or his order at his option.]
4
[(2) A negotiable instrument may be made payable to two or more payees jointly, or it may be made
payable in the alternative to one of two, or one or some of serveral payees.]
14. Negotiation.—When a promissory note, bill of exchange or cheque is transferred to any person, so as
to constitute that person the holder thereof, the instrument is said to be negotiated.
15. Indorsement.—When the maker or holder of a negotiable instrument signs the same, otherwise than
as such maker, for the purpose of negotiation, on the back or face thereof or on a slip of paper annexed
thereto, or so signs for the same purpose a stamped paper intended to be completed as a negotiable instrument,
he is said to indorse the same, and is called the “indorser”.
16. Indorsement “in blank” and “in full”.—5
[(1)] If the indorser signs his name only, the
indorsement is said to be “in blank,” and if he adds a direction to pay the amount mentioned in the
instrument to, or to the order of, a specified person, the indorsement is said to be “in full”; and the person
so specified “Indorsee”.—is called the “indorsee” of the instrument.
6
[(2) The provisions of this Act relating to a payee shall apply with the necessary modifications to an
indorsee.]

1. Subs. by Act 8 of 1919. s. 2, for “payable to, or to the order of, a payee,” .
2. Subs. by Act 36 of 1957, s. 3 and the Second Schedule “a State”.
3. Subs. by Act 8 of 1919, s. 3, for the original sub-section.
4. Ins. by Act 5 of 1914, s. 2.
5. S. 16 renumbered as sub-section (1) by s. 3, ibid.
6. Ins. by s. 3, ibid.
11
17. Ambiguous instruments.—Where an instrument may be construed either as a promissory note or bill
of exchange, the holder may at his election treat it as either, and the instrument shall be thenceforward treated
accordingly.
18. Where amount is stated differently in figures and words.—If the amount undertaken or ordered to
be paid is stated differently in figures and in words, the amount stated in words shall be the amount
undertaken or ordered to be paid.
19. Instruments payable on demand.—A promissory note or bill of exchange, in which no time for
payment is specified, and a cheque, are payable on demand.
20. Inchoate stamped instruments.—Where one person signs and delivers to another a paper stamped
in accordance with the law relating to negotiable instruments then in force in 1
[India], and either wholly
blank or having written thereon an incomplete negotiable instrument, he thereby gives prima facie authority
to the holder thereof to make or complete, as the case may be, upon it a negotiable instrument, for any
amount specified therein and not exceeding the amount covered by the stamp. The person so signing shall
be liable upon such instrument, in the capacity in which he signed the same, to any holder in due course for
such amount: provided that no person other than a holder in due course shall recover from the person
delivering the instrument anything in excess of the amount intended by him to be paid thereunder.
21. “At sight”.—“On presentment”.—In a promissory note or bill of exchange the expressions “at
sight” and “on presentment” mean on demand. The expression “After sight”—“after sight” means, in a
promissory note, after presentment for sight, and, in a bill of exchange, after acceptance, or nothing for
non-acceptance, or protest for non-acceptance.
22. “Maturity”.—The maturity of a promissory note or bill of exchange is the date at which it falls
due.
Days of grace.—Every promissory note or bill of exchange which is not expressed to be payable on
demand, at sight or on presentment is at maturity on the third day after the day on which it is expressed to be
payable.
23. Calculating maturity of bill or note payable so many months after date or sight.—In calculating
the date at which a promissary note or bill of exchange, made payable a stated number of months after date or
after sight, or after a certain event, is at maturity, the period stated shall be held to terminate on the day of the
month which corresponds with the day on which the instrument is dated, or presented for acceptance or sight,
or noted for non-acceptance, or protested for non-acceptance, or the event happens, or, where the instrument is
a bill of exchange made payable a stated number of months after sight and has been accepted for honour, with
the day on which it was so accepted. If the month in which the period would terminate has no
corresponding day, the period shall be held to terminate on the last day of such month.
Illustrations
(a) A negotiable instrument, dated 29th January, 1878, it made payable at one month after date. The instrument is at maturity on
the third day after the 28th February, 1878.
(b) A negotiable instrument, dated 30th August, 1878, it made payable three months after date. The instrument is at maturity on
the 3rd December, 1878.
(c) A promissory note or bill of exchange, dated 31st August, 1878, is made payable three months after date. The instrument is at
maturity on the 3rd December, 1878.
24. Calculating maturity of bill or note payable so many days after date or sight.—In calculating the
date at which a promissory note or bill of exchange made payable a certain number of days after date or after
sight or after a certain event is at maturity, the day of the date, or of presentment for acceptance or sight, or of
protest for non-acceptance, or on which the event happens, shall be excluded.
25. When day of maturity is a holiday.—When the day on which a promissory note or bill of exchange
is at maturity is a public holiday, the instrument shall be deemed to be due on the next preceding, business
day.

1. Subs. by Act 3 of 1951, s. 3 and the Sch., for “the States”.
12
Explanation.— The expression “public holiday” includes Sundays: 1
*** and any other day declared by the
2
[Central Government], by notification in the Official Gazette, to be a public holiday.
CHAPTER III
PARTIES TO NOTES, BILLSANDCHEQUES.
26. Capacity to make, etc., promissory notes, etc.—Every person capable of contracting, according to
the law to which he is subject, may bind himself and be bound by the making, drawing, acceptance,
indorsement, delivery and negotiation of a promissory note, bill of exchange or cheque.
Minor.—A minor may draw, indorse, deliver and negotiate such instrument so as to bind all parties
except himself.
Nothing herein contained shall be deemed to empower a corporation to make, indorse or accept such
instruments except in cases in which, under the law for the time being in force, they are so empowered.
27. Agency.— Every person capable of binding himself or of being bound, as mentioned in section 26,
may so bind himself or be bound by a duly authorized agent acting in his name.
A general authority to transact business and to receive and discharge debts does not confer upon an agent
the power of accepting or indorsing bills of exchange so as to bind his principal.
An authority to draw bills of exchange does not of itself import an authority to indorse.
28. Liability of agent signing.—An agent who signs his name to a promissory note, bill of exchange or
cheque without indicating thereon that he signs as agent, or that he does not intend thereby to incur personal
responsibility, is liable personally on the instrument, except to those who induced him to sign upon the belief
that the principal only would be held liable.
29. Liability of legal representative signing.—A legal representative of a deceased person who signs his
name to a promissory note, bill of exchange or cheque is liable personally thereon unless he expressly limits
his liability to the extent of the assets received by him as such.
30. Liability of drawer.—The drawer of a bill of exchange or cheque is bound, in case of dishonour by
the drawee or acceptor thereof, to compensate the holder, provided due notice of dishonour has been given to,
or received by, the drawer as hereinafter provided.
31. Liability of drawee of cheque.—The drawee of a cheque having sufficient funds of the drawer in his
hands properly applicable to the payment of such cheque must pay the cheque when duly required so to do, and , in
default of such payment, must compensate the drawer for any loss or damage caused by such default.
32. Liability of maker of note and acceptor of bill.—In the absence of a contract to the contrary, the maker
of a promissory note and the acceptor before maturity of a bill of exchange are bound to pay the amount thereof at
maturity according to the apparent tenor of the note or acceptance respectively, and the acceptor of a bill of
exchange at or after maturity is bound to pay the amount thereof to the holder on demand.
In default of such payment as aforesaid, such maker or acceptor is bound to compensate any party to the
note or bill for any loss or damage sustained by him and caused by such default.
33. Only drawee can be acceptor except in need or for honour.—No person except the drawee of a bill
exchange, or all or some of several drawees, or a person named therein as a drawee in case of need, or an
acceptor for honour, can bind himself by an acceptance.
34. Acceptance by several drawees not partners.—Where there are several drawees of a bill of
exchange who are not partners, each of them can accept it for himself, but none of them can accept it for
another without his authority.
35. Liability of indorser.—In the absence of a contract to the contrary, whoever indorses and delivers a
negotiable instrument before maturity without, in such it indorsement, expressly excluding or making conditional
his own liability, is bound thereby to every subsequent holder, in case of dishonour by the drawee, acceptor or
maker, to compensate such holder for any loss or damage caused to him by such dishonour, provided due notice
of dishonour has been given to, or received by, such indorser as hereinafter provided.

1. The words “New Year’s day, Christmas day: if either of such days falls on a Sunday, the next following Monday: Good-Friday:”
omitted by Act 37 of 1955, s. 3 (w.e.f. 1-4-1956).
2. Subs by the A.O. 1937, for “L.G”.
13
Every indorser after dishonour is liable as upon an instrument payable on demand.
36. Liability of prior parties to holder in due course.—Every prior party to a negotiable instrument is
liable thereon to a holder in due course until the instrument is duly satisfied.
37. Maker, drawer and acceptor principals.—The maker of a promissory note or cheque, the drawer of a
bill of exchange until acceptance, and the acceptor are, in the absence of a contract to the contrary, respectively
liable thereon as principal debtors, and the other parties thereto are liable thereon as sureties for the maker, drawer
or acceptor, as the case may be.
38. Prior party a principal in respect of each subsequent party.—As between the parties so liable as
sureties, each prior party is, in the absence of a contract to the contrary, also liable thereon as a principal
debtor in respect of each subsequent party.
Illustration
A draws a bill payable to his own order on B, who accepts. A afterwards indorses the bill to C, C to D, and D to E. As between E
and B, B is the principal debtor, and A, C and D are his sureties. As between E and A, A is the principal debtor, and C and D are his
sureties. As between E and C, C is the principal debtor and D is his surety.
39. Suretyship.—When the holder of an accepted bill of exchange enters into any contract with the
acceptor which, under section 134 or 135 of the Indian Contract Act, 1872 (9 of 1872), would discharge the
other parties, the holder may expressly reserve his right to charge the other parties, and in such case they are
not discharged.
40. Discharge of indorser’s liability.—Where the holder of a negotiable instrument, without the consent
of the indorser, destroys or impairs the indorser’s remedy against a prior party, the indorser is discharged from
liability to the holder to the same extent as if the instrument had been paid at maturity.
Illustration
A is the holder of a bill of exchange made payable to the order of B, which contains the following indorsements in
blank:—
First indorsement, “B”.
Second indorsement, “Peter Williams”.
Third indorsement, “Wright & Co.”
Fourth indorsement. “John Rozario”.
This bill A puts in suit against John Rozario and strikes out, without John Rozario’s consent, the indorsements by Peter Williams
and Wright & Co. A is not entitled to recover anything from John Rozario.
41. Acceptor bound, although, indorsement forged.—An acceptor of a bill of exchange already
indorsed is not relieved from liability by reason that such indorsement is forged, if he knew or had reason to
believe the indorsement to be forged when he accepted the bill.
42. Acceptance of bill drawn in fictitious name.—An acceptor of a bill of exchange drawn in a fictitious
name and payable to the drawer’s order is not, by reason that such name is fictitious, relieved from liability to
any holder in due course claiming under an indorsement by the same hand as the drawer’s signature, and
purporting to be made by the drawer.
43. Negotiable instrument made, etc., without consideration.—A negotiable instrument made, drawn,
accepted, indorsed or transferred without consideration, or for a consideration which fails, creates no obligation
of payment between the parties to the transaction. But if any such party has transferred the instrument with or
without indorsement to a holder for consideration, such holder, and every subsequent holder deriving title from
him, may recover the amount due on such instrument from the transferor for consideration or any prior party
thereto.
Exception I.—No party for whose accommodation a negotiable instrument has been made, drawn,
accepted or indorsed can, if he have paid the amount thereof, recover thereon such amount from any person
who became a party to such instrument for his accommodation.
Exception II.—No party to the instrument who has induced any other party to make, draw, accept, indorse or
transfer the same to him for a consideration which he has failed to pay or perform in full shall recover thereon an
amount exceeding the value of the consideration (if any) which he has actually paid or performed.
14
44. Partial absence or failure of money-consideration.—When the consideration for which a person
signed a promissory note, bill of exchange or cheque consisted of money, and was originally absent in part or
has subsequently failed in part, the sum which a holder standing in immediate relation with such signer is
entitled to receive from him is proportionally reduced.
Explanation.—The drawer of a bill of exchange stands in immediate relation with the acceptor. The
maker of a promissory note, bill of exchange or cheque stands in immediate relation with the payee, and the
indorser with his indorsee. Other signers may by agreement stand in immediate relation with a holder.
Illustration
A draws a bill on B for Rs. 500 payable to the order of A, B accepts the bill, but subsequently dishonours, it by
non-payment. A sues B on the bill, B proves that it was accepted for value as to Rs. 400, and as an accommodation to
the plaintiff as to the residue. A can only recover Rs. 400.
45. Partial failure of consideration not consisting of money.—Where a part of the consideration for
which a person signed a promissory note, bill of exchange or cheque, though not consisting of money, is
ascertainable in money without collateral enquiry, and there has been a failure of that part, the sum which a
holder standing in immediate relation with such signer is entitled to receive from him is proportionally
reduced.
1
[45A. Holder’s right to duplicate of lost bill.—Where a bill of exchange has been lost before it is
over-due, the person who was the holder of it may apply to the drawer to give him another bill of the same
tenor, giving security to the drawer, if required, to indemnify him against all persons whatever in case the bill
alleged to have been lost shall be found again.
If the drawer on request as aforesaid refuses to give such duplicate bill, he may be compelled to do so.]
CHAPTER IV
OF NEGOTIATION
46. Delivery.—The making, acceptance or indorsement of a promissory note, bill of exchange or cheque
is completed by delivery, actual or constructive.
As between parties standing in immediate relation, delivery to be effectual must be made by the party
making, accepting or indorsing the instrument, or by a person authorized by him in that behalf.
As between such parties and any holder of the instrument other than a holder in due course, it may be
shown that the instrument was delivered conditionally or for a special purpose only, and not for the purpose of
transferring absolutely the property therein.
A promissory note, bill of exchange or cheque payable to bearer is negotiable by the delivery thereof.
A promissory note, bill of exchange or cheque payable to order is negotiable by the holder by indorsement
and delivery thereof.
47. Negotiation by delivery.—Subject to the provisions of section 58, a promissory note, bill of exchange
or cheque payable to bearer is negotiable by delivery thereof.
Exception.—A promissory note, bill of exchange or cheque delivered on condition that it is not to take
effect except in a certain event is not negotiable (except in the hands of a holder for value without notice of
the condition) unless such event happens.
Illustrations
(a) A, the holder of a negotiable instrument payable to bearer, delivers it to B’s agent to keep for B. The instrument has been
negotiated.
(b) A, the holder of a negotiable instrument payable to bearer, which is in the hands of A’s banker, who is at the time the banker
of B, directs the banker to transfer the instrument to B’s credit in the banker’s account with B. The banker does so, and accordingly
now possesses the instrument as B’s agent. The instrument has been negotiated, and B has become the holder of it.

1. Ins. by Act 2 of 1885, s. 3.
15
48. Negotiation by indorsement.—Subject to the provisions of section 58, a promissory note, bill of
exchange or cheque 1
[payable to order], is negotiable by the holder by indorsement and delivery thereof.
49. Conversion of indorsement in blank into indorsement in full.—The holder of a negotiable
instrument indorsed in blank may, without signing his own name, by writing above the indorser’s signature a
direction to pay to any other person as indorsee, convert the indorsement in blank into an indorsement in full;
and the holder does not thereby incur the responsibility of an indorser.
50. Effect of indorsement.—The indorsement of a negotiable instrument followed by delivery transfers
to the indorsee the property therein with the right of further negotiation; but the indorsement may, by express
words, restrict or exclude such right, or may merely constitute the indorsee an agent to indorse the instrument,
or to receive its contents for the indorser, or for some other specified person.
Illustrations
B signs the following indorsements on different negotiable instruments payable to bearer.—
(a) “Pay the contents to C only”.
(b) “Pay C for my use.”
(c) “Pay C or order for the account of B.”
(d) “the within must be credited to C.”
These indorsements exclude the right of further negotiation by C.
(e) “Pay C.”
(f) “Pay C value in account with the Oriental Bank.”
(g) “Pay the contents to C, being part of the consideration in a certain deed of assignment executed by C to the indorser and
others.”
These indorsements do not exclude the right of further negotiation by C.
51. Who may negotiate.—Every sole maker, drawer, payee or indorsee, or all of several joint makers,
drawers, payees or indorsees, of a negotiable instrument may, if the negotiability of such instrument has not
been restricted or excluded as mentioned in section 50, indorse and negotiate the same.
Explanation.—Nothing in this section enables a maker or drawer to indorse or negotiate an instrument,
unless he is in lawful possession or is holder thereof; or enables a payee or indorsee to indorse or negotiate an
instrument, unless he is holder thereof.
Illustration
A bill is drawn payable to A or order. A indorses it to B, the indorsement not containing the words “or order” or any equivalent
words. B may negotiate the instrument.
52. Indorser who excludes his own liability or makes it conditional.—The indorser of a negotiable
instrument may, by express words in the indorsement, exclude his own liability thereon, or make such liability
or the right of the indorsee to receive the amount due thereon depend upon the happening of a specified event,
although such event may never happen.
Where an indorser so excludes his liability and afterwards becomes the holder of the instrument, all
intermediate indorsers are liable to him.
Illustrations
(a) The indorser of a negotiable instrument sign; his name adding the words— “Without recourse.”
Upon this indorsement he incurs no liability.
(b) A is the payee and holder of a negotiable instrument. Excluding personal liability by an indorsement “without
recourse” he transfers the instrument to B, and B indorses it to C, who indorses it to A. A is not only reinstated in his
former rights, but has the rights of an indorsee against B and C.

1. Subs. by Act 8 of 1919, s. 4, for “payable to the order of a specified person, or to a specified person or order”.
16
53. Holder deriving title from holder in due course.—A holder of a negotiable instrument who derives
title from a holder in due course has the rights thereon of that holder in due course.
54. Instrument indorsed in blank.—Subject to the provisions hereinafter contained as to crossed
cheques, a negotiable instrument indorsed in blank is payable to the bearer thereof even although originally
payable to order.
55. Conversion of indorsement in blank into indorsement in full.—If a negotiable instrument, after
having been indorsed in blank, is indorsed in full, the amount of it cannot be claimed from the indorser in full,
except by the person to whom it has been indorsed in full, or by one who derives title through such person.
56. Indorsement for part of sum due.—No writing on a negotiable instrument is valid for the purpose of
negotiation if such writing purports to transfer only a part of the amount appearing to be due on the
instrument; but where such amount has been partly paid, a note to that effect may be indorsed on the
instrument, which may then be negotiated for the balance.
57. Legal representative cannot by delivery only negotiate instrument indorsed by deceased.—The
legal representative of a deceased person cannot negotiate by delivery only a promissory note, bill of
exchange or cheque payable to order and indorsed by the deceased but not delivered.
58. Instrument obtained by unlawful means or for unlawful consideration.—When a negotiable
instrument has been lost, or has been obtained from any maker, acceptor or holder thereof by means of an
offence or fraud, or for an unlawful consideration, no possessor or indorsee who claims through the person
who found or so obtained the instrument is entitled to receive the amount due thereon from such maker,
acceptor or holder, or from any party prior to such holder, unless such possessor or indorsee is, or some
person through whom he claims was, a holder thereof in due course.
59. Instrument acquired after dishonour or when overdue.—The holder of a negotiable instrument,
who has acquired it after dishonour, whether by non-acceptance or non-payment, with notice thereof, or after
maturity, has only, as against the other parties, the rights thereon of his transferor:
Accommodation note or bill.—Provided that any person who, in good faith and for consideration,
becomes the holder, after maturity, of a promissory note or bill of exchange made, drawn or accepted without
consideration, for the purpose of enabling some party thereto to raise money thereon, may recover the amount
of the note or bill from any prior party.
Illustration
The acceptor of a bill of exchange, when he accepted it, deposited with the drawer certain goods as a collateral security for the
payment of the bill, with power to the drawer to sell the goods and apply the proceeds in discharge of the bill if it were not paid at
maturity. The bill not having been paid at maturity, the drawer sold the goods and retained the proceeds, but indorsed the bill to A. A’s
title is subject to the same objection as the drawer’s title.
60. Instrument negotiable till payment or satisfaction.—A negotiable instrument may be negotiated
(except by the maker, drawee or acceptor after maturity) until payment or satisfaction thereof by the maker,
drawee or acceptor at or after maturity, but not after such payment or satisfaction.
C H A P T E R V
O F P R E S E N T M E N T
61. Presentment for acceptance.—A bill of exchange payable after sight must, if no time or place is
specified therein for presentment, be presented to the drawee thereof for acceptance, if he can, after reasonable
search, be found, by a person entitled to demand acceptance, within a reasonable time after it is drawn, and in
business hours on a business day. In default of such presentment, no party thereto is liable thereon to the
person making such default.
If the drawee cannot, after reasonable search, be found, the bill is dishonoured.
If the bill is directed to the drawee at a particular place, it must be presented at that place; and if at the due
date for presentment he cannot, after reasonable search be found there, the till is dishonoured
17
1
[Where authorized by agreement or usage, a presentment through the post office by means of a registered
letter is sufficient.]
62. Presentment of promissory note for sight.—A promissory note, payable at a certain period after sight,
must be presented to the maker thereof for sight (if he can after reasonable search be found) by a person entitled to
demand payment, within a reasonable time after it is made and in business hours on a business day. In default of
such presentment, no party thereto is liable thereon to the person making such default.
63. Drawee’s time for deliberation.—The holder must, if so required by the drawee of a bill of exchange
presented to him for acceptance, allow the drawee 2
[forty-eight] hours (exclusive of public holidays) to
consider whether he will accept it.
64. Presentment for payment.—3
[(1)] Promissory notes, bills of exchange and cheques must be
presented for payment to the maker, acceptor or drawee thereof respectively, by or on behalf of the holder as
hereinafter provided. In default of such presentment, the other parties there to are not liable thereon to such
holder.
1
[Where authorized by agreement or usage, a presentment through the post office by means of a registered
letter is sufficient.]
Exception.—Where a promissory note is payable on demand and is not payable at a specified place, no
presentment is necessary in order to charge the maker thereof.
4
[(2) Notwithstanding anything contained in section 6, where an electronic image of a truncated cheque is
presented for payment, the drawee bank is entitled to demand any further information regarding the truncated
cheque from the bank holding the truncated cheque in case of any reasonable suspicion about the genuineness
of the apparent tenor of instrument, and if the suspicion is that of any fraud, forgery, tampering or destruction
of the instrument, it is entitled to further demand the presentment of the truncated cheque itself for
verification:
Provided that the truncated cheque so demanded by the drawee bank shall be retained by it, if the payment
is made accordingly.]
65. Hours for presentment—Presentment for payment must be made during the usual hours of business,
and, if at a banker’s within banking hours.
66. Presentment for payment of instrument payable after date or sight—A promissory note or bill of
exchange, made payable at a specified period after date or sight thereof, must be presented for payment at
maturity.
67. Presentment for payment of promissory note payable by instalments.—A promissory note payable
by instalments must be presented for payment on the third day after the date fixed for payment of each instalment;
and non-payment on such presentment has the same effect as non-payment of a note at maturity.
68. Presentment for payment of instrument payable at specified place and not elsewhere.—A
promissory note, bill of exchange or cheque made, drawn or accepted payable at a specified place and not
elsewhere must, in order to charge any party thereto, be presented for payment at that place.
69. Instrument payable at specified place.—A promissory note or bill of exchange made, drawn or
accepted payable at a specified place must, in order to charge the maker or drawer thereof, be presented for
payment at that place.
70. Presentment where no exclusive place specified.—A promissory note or bill of exchange, not made
payable as mentioned in sections 68 and 69, must be presented for payment at the place of business (if any), or
at the usual residence, of the maker, drawee or acceptor thereof, as the case may be.
71. Presentment when maker, etc., has no known place of business or residence.—If the maker,
drawee or acceptor of a negotiable instrument has no known place of business or fixed residence, and no place

1. Added by Act 2 of 1885, s. 4.
2. Subs. by Act 12 of 1921, s. 2 for “twenty-four”.
3. Section 64 renumbered as sub-section (1) thereof by Act 55 of 2002, s. 3 (w.e.f. 6-2-2003).
4. Ins. by s. 3 ibid., (w.e.f. 6-2-2003).
18
is specified in the instrument for presentment for acceptance or payment, such presentment may be made to
him in person wherever he can be found.
72. Presentment of cheque to charge drawer.— 1
[Subject to the provisions of section 84,] a cheque
must, in order to charge the drawer be presented at the bank upon which it is drawn before the relation
between the drawer and his banker has been altered to the prejudice of the drawer.
73. Presentment of cheque to charge any other person.—A cheque must, in order to charge any person
except the drawer, be presented within a reasonable time after delivery thereof by such person.
74. Presentment of instrument payable on demand.—Subject to the provisions of section 31, a
negotiable instrument payable on demand must be presented for payment within a reasonable time after it is
received by the holder.
75. Presentment by or to agent, representative of deceased, or assignee of insolvent.—Presentment
for acceptance or payment may be made to the duly authorized agent of the drawee, maker or acceptor, as the
case may be, or, where the drawee, maker or acceptor has died, to his legal representative, or, where he has
been declared an insolvent, to his assignee.
2
[75A. Excuse for delay in presentment for acceptance or payment—Delay in presentment 3
[for
acceptance or payment] is excused if the delay is caused by circumstances beyond the control of the holder,
and not imputable to his default, misconduct or negligence. When the cause of delay ceases to operate,
presentment must be made within a reasonable time.]
76. When presentment unnecessary.—No presentment for payment is necessary, and the instrument is
dishonoured at the due date for presentment, in any of the following cases:—
(a) if the maker, drawee or acceptor intentionally prevents the presentment of the instrument, or,
if the instrument being payable at his place of business, he closes such place on a business day during
the usual business hours, or,
if the instrument being payable at some other specified place, neither he nor any person authorized to
pay it attends at such place during the usual business hours, or,
if the instrument not being payable at any specified place, he cannot after due search be found;
(b) as against any party sought to be charged therewith, if he has engaged to pay notwithstanding nonpresentment;
(c) as against any party if, after maturity, with knowledge that the instrument has not been
presented—
he makes a part payment on account of the amount due on the instrument,
or promises to pay the amount due thereon in whole or in part,
or otherwise waives his right to take advantage of any default in presentment for payment;
(d) as against the drawer, if the drawer could not suffer damage from the want of such
presentment.
77. Liability of banker for negligently dealing with bill presented for payment.—When a bill of
exchange, accepted payable at a specified bank, has been duly presented there for payment and dishonoured, if
the banker so negligently or improperly keeps, deals with or delivers back such bill as to cause loss to the
holder, he must compensate the holder for such loss.
CHAPTER VI
OF PAYMENT AND INTEREST
78. To whom payment should be made.—Subject to the provisions of section 82, clause (c), payment of
the amount due on a promissory note, bill of exchange or cheque must, in order to discharge the maker or
acceptor, be made to the holder of the instrument.
79. Interest when rate specified.—When interest at a specified rate is expressly made payable on a
promissory note or bill of exchange, interest shall be calculated at the rate specified, on the amount of the

1. Ins. by Act 6 of 1897, s. 2.
2. Ins. by Act 25 of 1920. s. 2.
3. Subs. by Act 12 of 1921, s. 3, for “for payment”.
19
principal money due thereon, from the date of the instrument, until tender or realization of such amount, or
until such date after the institution of a suit to recover such amount as the Court directs.
80. Interest when no rate specified.— When no rate of interest is specified in the instrument, interest on
the amount due thereon shall, 1
[notwithstanding any agreement relating to interest between any parties to the
instrument], be calculated at the rate of 2
[eighteen per centum] per annum, from the date at which the same
ought to have been paid by the party charged, until tender or realization of the amount due thereon, or until
such date after the institution of a suit to recover such a mount as the Court directs.
Explanation.—When the party charged is the indorser of an instrument dishonoured by non-payment he is
liable to pay interest only from the time that he receives notice of the dishonour.
81. Delivery of instrument on payment, or indemnity in case of loss.—3
[(1)] Any person liable to pay,
and called upon by the holder thereof to pay, the amount due on a promissory note, bill of exchange or cheque
is before payment entitled to have it shown, and is on payment entitled to have it delivered up, to him, or if the
instrument is lost or cannot be produced, to be indemnified against any further claim thereon against him.
4
[(2) Where the cheque is an electronic image of a truncated cheque, even after the payment the banker.
who received the payment shall be entitled to retain the truncated cheque.
(3) A certificate issued on the foot of the printout of the electronic image of a truncated cheque by the
banker who paid the instrument, shall be prima facie proof of such payment.]
CHAPTER VII
OF DISCHARGE FROM LIABILITY ON NOTES, BILLS AND CHEQUES
82. Discharge from liability.—The maker, acceptor or indorser respectively of a negotiable instrument is
discharged from liability thereon—
(a) by cancellation.—to a holder thereof who cancels such acceptor’s or indorser’s name with intent
to discharge him, and to all parties claiming under such holder;
(b) by release.—to a holder thereof who otherwise discharges such maker, acceptor or indorser, and
to all parties deriving title under such holder after notice of such discharge;
(c) by payment.—to all parites thereto, if the instrument is payable to bearer, or has been indorsed in
blank, and such maker, acceptor or indorser makes payment in due course of the amount due thereon.
83. Discharge by allowing drawee more than forty-eight hours to accept.—If the holder of a bill of
exchange allows the drawee more than 5
[forty-eight] hours, exclusive of public holidays, to consider whether
he will accept the same, all previous parties not consenting to such allowance are thereby discharge from
liability to such holder.
6
[84. When cheque not duly presented and drawer damaged thereby.—(1) Where a cheque is not
presented for payment within a reasonable time of its issue, and the drawer or person on whose account it is
drawn had the right, at the time when presentment ought to have been made, as between himself and the
banker, to have the cheque paid and suffers actual damage through the delay, he is discharged to the extent of
such damage, that is to say, to the extent to which such drawer or person is a creditor of the banker to a larger
amount than he would have been if such cheque had been paid.
(2) In determining what is a reasonble time, regard shall be had to the nature of the instrument, the usage
of trade and of bankers, and the facts of the particular case.
(3) The holder of the cheque as to which such drawer of person is so discharged shall be a creditor, in lieu
of such drawer or person, of such banker to the extent of such discharge and entitled to recover the amount
from him.

1. Subs. by Act 30 of 1926, s. 2, for “except in cases provided for by the Code of Civil Procedure, s. 532”.
2. Subs. by Act 66 of 1988, s. 2, for “six per centum” (w.e.f. 30-12-1988).
3. Section 81 re-numbered as sub-section (1) thereof by Act 55 of 2002, s. 4 (w.e.f. 6-2-2003).
4. Ins. by s. 4, ibid. (w.e.f. 6-2-2003).
5. Subs. by Act 12 of 1921, s. 2, for “twenty-four”.
6. Subs. by Act 6 of 1897, s. 3, for s. 84.
20
Illustrations
(a) A draws a cheque for Rs. 1,000, and, when the cheque ought to be presented, has funds at the bank to meet it.
The bank fails before the cheque is presented. The drawer is discharged, but the holder can prove against the bank for the
amount of the cheque.
(b) A draws a cheque at Umballa on a bank in Calcutta. The bank fails before the cheque could be [presented in
ordinary course. A is not discharged, for he has not suffered actual damage through any delay in presenting the cheque.]
85. Cheque payable to order.—1
[(1)] Where a cheque payable to order purports to be endorsed by or on
behalf of the payee, the drawee is discharged by payment in due course.
2
[(2) Where a cheque is originally expressed to be payable to bearer, the drawee is discharged by
payment in due course to the bearer thereof, notwithstanding any endorsement whether in full or in
blank appearing, thereon, and notwithstanding that any such endorsement purports to restrict or exclude
further negotiation.]
3
[85A. Drafts drawn by one branch of a bank on another payable to order.—where any draft, that is,
an order to pay money, drawn by one office of a bank upon another office of the same bank for a sum of
money payable to order on demand, purports to be endorsed by or on behalf of the payee, the bank is
discharged by payment in due course.]
86. Parties not consenting discharged by qualified or limited acceptance.—If the holder of a bill
of exchange acquiesces in a qualified acceptance, or one limited to part of the sum mentioned in the bill,
or which substitutes a different place or time for payment, or which, where the drawees are not partners,
is not signed by all the drawees, all previous parties whose consent is not obtained to such acceptance are
discharged as against the holder and those claiming under him, unless on notice given by the holder they
assent to such acceptance.
Explanation.—An acceptance is qualified
(a) where it is conditional, declaring the payment to be dependent on the happening of an event
therein stated;
(b) where it undertakes the payment of part only of the sum ordered to be paid;
(c) where, no place of payment being specified on the order, it undertakes the payment at a specified
place, and not otherwise or elsewhere; or where, a place of payment being specified in the order, it
undertakes the payment at some other place and not otherwise or elsewhere;
(d) where it undertakes the payment at a time other than that at which under the order it would be
legally due.
87. Effect of material alteration.—Any material alteration of a negotiable instrument renders the same
void as against anyone who is a party thereto at the time of making such alteration and does not consent
thereto, unless it was made in order to carry out the common intention of the original parties;
Alteration by indorsee.—And any such alteration, if made by an indorsee, discharges his indorser from
all liability to him in respect of the consideration thereof.
The provisions of this section are subject to those of sections 20, 49, 86 and 125.
88. Acceptor or indorser bound notwithstanding previous alteration.—An acceptor or indorser of a
negotiable instrument is bound by his acceptance or indorsement notwithstanding any previous alteration of
the instrument.
89. Payment of instrument on which alteration is not apparent.—4
[(1)] Where a promissory note, bill
of exchange or cheque has been materially altered but does not appear to have been so altered,
or where a cheque is presented for payment which does not at the time of presentation appear to be
crossed or to have had a crossing which has been obliterated,

1. S. 85 re-numbered as sub-section (1) thereof by Act 17 of 1934, s. 2.
2. Ins. by s. 2. ibid.
3. Ins. by Act 25 of 1930, s. 2.
4. Section 89 re-numbered as sub-section (1) thereof by Act 55 of 2002, s. 5 (w.e.f. 6-2-2003).
21
payment thereof by a person or banker liable to pay, and paying the same according to the apparent tenor
thereof at the time of payment and otherwise in due course, shall discharge such person or banker from all
liability thereon; and such payment shall not be questioned by reason of the instrument having been altered or
the cheque crossed.
1
[(2) Where the cheque is an electronic image of a truncated cheque, any difference in apparent tenor of
such electronic image and the truncated cheque shall be a material alteration and it shall be the duty of the
bank or the clearing house, as the case may be, to ensure the exactness of the apparent tenor of electronic
image of the truncated cheque while truncating and transmitting the image.
(3) Any bank or a clearing house which receives a transmitted electronic image of a truncated cheque,
shall verify from the party who transmitted the image to it, that the image so transmitted to it and received by
it, is exactly the same.].
90. Extinguishment of rights of action on bill in acceptor’s hands.—If a bill of exchange which has
been negotiated is, at or after maturity, held by the acceptor in his own right, all rights of action thereon are
extinguished.
CHAPTER VIII
OF NOTICE OF DISHONOUR
91. Dishonour by non-acceptance.—A bill of exchange is said to be dishonoured by non-acceptance
when the drawee, or one of several drawees not being partners, makes default in acceptance upon being duly
required to accept the bill, or where presentment is excused and the bill is not accepted.
Where the drawee is incompetent to contract, or the acceptance is qualified, the bill may be treated as
dishonoured.
92. Dishonour by non-payment.—A promissory note, bill of exchange or cheque is said to be
dishonoured by non-payment when the maker of the note, acceptor of the bill or drawee of the cheque makes
default in payment upon being duly required to pay the same.
93. By and to whom notice should be given.—When a promissory note, bill of exchange or cheque is
dishonoured by non-acceptance or non-payment, the holder thereof, or some party thereto, who remains liable
thereon, must give notice that the instrument has been so dishonoured to all other parties whom the holder
seeks to make severally liable thereon, and to some one of several parties whom he seeks to make jointly
liable thereon.
Nothing in this section renders it necessary to give notice to the maker of the dishonoured promissory
note or the drawee or acceptor of the dishonoured bill of exchange or cheque.
94. Mode in which notice may be given.—Notice of dishonour may be given to a duly authorized agent of
the person to whom it is required to be given, or, where he has died, to his legal representative, or, where he has
been declared an insolvent, to his assignee; may be oral or written; may, if written, be sent by post; and may be in
any form; but it must inform the party to whom it is given, either in express terms or by reasonable intendment, that
the instrument has been dishonoured, and in what way, and that he will be held liable thereon; and it must be given
within a reasonable time after dishonour, at the place of business or (in case such party has no place of business) at
the residence of the party for whom it is intended.
If the notice is duly directed and sent by post and miscarries, such miscarriage does not render the notice
invalid.
95. Party receiving must transmit notice of dishonour.—Any party receiving notice of dishonour must,
in order to render any prior party liable to himself, give notice of dishonour to such party within a reasonable
time, unless such party otherwise receives due notice as provided by section 93.
96. Agent for presentment.—When the instrument is deposited with an agent for presentment, the agent
is entitled to the same time to give notice to his principal as if he were the holder giving notice of dishonour,
and the principal is entitled to a further like period to give notice of dishonour.
97. When party to whom notice given is dead.—when the party to whom notice of dishonour is
dispatched is dead, but the party dispatching the notice is ignorant of his death, the notice is sufficient.

1. Ins. by Act 55 of 2002, s. 5 (w.e.f. 6-2-2003).
22
98. When notice of dishonour is unnecessary.—No notice of dishonour is necessary—
(a) when it is dispensed with by the party entitled thereto;
(b) in order to charge the drawer when he has countermanded payment;
(c) when the party charged could not suffer damage for want of notice;
(d) when the party entitled to notice cannot after due search be found; or the party bound to give
notice is, for any other reason, unable without any fault of his own to give it;
(e) to charge the drawers, when the acceptor is also a drawer;
(f) in the case of a promissory note which is not negotiable;
(g) when the party entitled to notice, knowing the facts, promises unconditionally to pay the amount
due on the instrument.
CHAPTER IX
O F N O T I NG A N D P R O T E S T
99. Noting.—When a promissory note or bill of exchange has been dishonoured by non-acceptance or
non-payment, the holder may cause such dishonour to be noted by a notary public upon the instrument, or
upon a paper attached thereto, or partly upon each.
Such note must be made within a reasonable time after dishonour, and must specify the date of dishonour,
the reason, if any, assigned for such dishonour, or, if the instrument has not been expressly dishonoured, the
reason why the holder treats it as dishonoured, and the notary’s charges.
100. Protest.—When a promissory note or bill of exchange has been dishonoured by non-acceptance or
non-payment, the holder may, within a reasonable time, cause such dishonour to be noted and certified by a
notary public. Such certificate is called a protest.
Protest for better security.—When the acceptor of a bill of exchange has become insolvent, or his
credit has been publicly impeached, before the maturity of the bill, the holder may, within a reasonable
time, cause a notary public to demand better security of the acceptor, and on its being refused may, within
a reasonable time, cause such facts to be noted and certified as aforesaid. Such certificate is called a
protest for better security.
101. Contents of protest.—A protest under section 100 must contain—
(a) either the instrument itself, or a literal transcript of the instrument and of everything written or
printed thereupon;
(b) the name of the person for whom and against whom the instrument has been protested;
(c) a statement that payment or acceptance, or better security, as the case may be, has been demanded
of such person by the notary public; the terms of his answer, if any, or a statement that he gave no answer
or that he could not be found;
(d) when the note or bill has been dishonoured, the place and time of dishonour, and, when better
security has been refused, the place and time of refusal;
(e) the subscription of the notary public making the protest;
(f) in the event of an acceptance for honour or of a payment for honour, the name of the person by
whom, of the person for whom, and the manner in which, such acceptance or payment was offered and
effected.
1
[A notary public may make the demand mentioned in clause (c) of this section either in person or by
his clerk or, where authorized by agreement or usage, by registered letter.]
102. Notice of protest.—When a promissory note or bill of exchange is required by law to be protested,
notice of such protest must be given instead of notice of dishonour, in the same manner and subject to the
same conditions; but the notice may be given by the notary public who makes the protest.

1. Ins. by Act 2 of 1885, s. 5.
23
103. Protest for non-payment after dishonour by non-acceptance.—All bills of exchange drawn
payable at some other place than the place mentioned as the residence of the drawee, and which are
dishonoured by non-acceptance, may, without further presentment to the drawee, be protested for nonpayment
in the place specified for payment, unless paid before or at maturity.
104. Protest of foreign bills.—Foreign bills of exchange must be protested for dishonour when such
protest is required by the law of the place where they are drawn.
1
[104A. When noting equivalent to protest.—For the purposes of this Act, where a bill or note is
required to be protested within a specified time or before some further proceeding is taken, it is sufficient that
the bill has been noted for protest before the expiration of the specified time or the taking of the proceeding;
and, the formal protest may be extended at any time thereafter as of the date of the noting.]
CHAPTER X
OF R E A S O N A B L E T I M E
105. Reasonable time.—In determining what is a reasonable time for presentment for acceptance or
payment, for giving notice of dishonour and for noting, regard shall be had to the nature of the instrument and
the usual course of dealing with respect to similar instruments; and, in calculating such time, public holidays
shall be excluded.
106. Reasonable time of giving notice of dishonour.—If the holder and the party to whom notice of
dishonour is given carry on business or live (as the case may be) in different places, such notice is given
within a reasonable time if it is dispatched by the next post or on the day next after the day of dishonour.
If the said parties carry on business or live in the same place, such notice is given within a reasonable time
if it is dispatched in time to reach its destination on the day next after the day of dishonour.
107. Reasonable time for transmitting such notice.—A party receiving notice of dishonour, who seeks
to enforce his right against a prior party, transmits the notice within a reasonable time if he transmits it within
the same time after its receipt as he would have had to give notice if he had been the holder.
CHAPTER XI
OF ACCEPTANCE AND PAYMENT FOR HONOUR AND REFERENCE IN CASE OF NEED
108. Acceptance for honour.—When a bill of exchange has been noted or protested for non-acceptance or
for better security, any person not being a party already liable thereon may, with the consent of the holder, by
writing on the bill, accept the same for the honour of any party thereto. 2
***
109. How acceptance for honour must be made.—A person desiring to accept for honour must, 3
[by
writing on the bill under his hand,] declare that he accepts under protest the protested bill for the honour of the
drawer or of a particular indorser whom he names, or generally for honour. 4
***
110. Acceptance not specifying for whose honour it is made.—Where the acceptance does not express
for whose honour it is made, it shall be deemed to be made for the honour of the drawer.
111. Liability of acceptor for honour.—An acceptor for honour binds himself to all parties subsequent
to the party for whose honour he accepts to pay the amount of the bill if the drawee do not; and such party and
all prior parties are liable in their respective capacities to compensate the acceptor for honour for all loss or
damage sustained by him in consequence of such acceptance.
But an acceptor for honour is not liable to the holder of the bill unless it is presented, or (in case the
address given by such acceptor on the bill is a place other than the place where the bill is made payable)
forwarded for presentment, not later than the day next after the day of its maturity.
112. When acceptor for honour may be charged.—An acceptor for honour cannot be charged unless
the bill has at its maturity been presented to the drawee for payment, and has been dishonoured by him, and
noted or protested for such dishonour.

1. Ins. by Act 2 of 1885, s. 6.
2. The second sentence rep. by s. 7, ibid,.
3. Subs. by s. 8, ibid., for “in the presence of a notary public, subscribe the bill with his own hand, and”.
4. The words “and such declaration must be recorded by the notary in his register” rep. by s. 8, ibid.
24
113. Payment for honour.—When a bill of exchange has been noted or protested for non-payment, any
person may pay the same for the honour of any party liable to pay the same, provided that the person so
paying 1
[or his agent in that behalf] has previously declared before a notary public the party for whose honour
he pays, and that such declaration has been recorded by such notary public.
114. Right of payer for honour.—Any person so paying is entitled to all the rights in respect of the bill,
of the holder at the time of such payment, and may recover from the party for whose honour he pays all sums
so paid, with interest thereon and with all expenses properly incurred in making such payment.
115. Drawee in case of need.—Where a drawee in case of need is named in a bill of exchange, or in any
indorsement thereon, the bill is not dishonoured until it has been dishonoured by such drawee.
116. Acceptance and payment without protest.—A drawee in case of need may accept and pay the bill
of exchange without previous protest.
CHAPTER XII
O F C O M P E N S A T I O N
117. Rules as to compensation.—The compensation payable in case of dishonour of a promissory note,
bill of exchange or cheque, by any party liable to the holder or any indorsee, shall 2
*** be determined by the
following rules:—
(a) the holder is entitled to the amount due upon the instrument, together with the expenses properly
incurred in presenting, noting and protesting it;
(b) when the person charged resides at a place different from that at which the instrument was
payable, the holder is entitled to receive such sum at the current rate of exchange between the two places;
(c) an indorser who, being liable, has paid the amount due on the same is entitled to the amount so
paid with interest at 3
[eighteen per centum] per annum from the date of payment until tender or realization
thereof, together with all expenses caused by the dishonour and payment;
(d) when the person charged and such indorser reside at different places, the indorser is entitled to
receive such sum at the current rate of exchange between the two places;
(e) the party entitled to compensation may draw a bill upon the party liable to compensate him,
payable at sight or on demand, for the amount due to him, together with all expenses properly incurred by
him. Such bill must be accompanied by the instrument dishonoured and the protest thereof (if any). If
such bill is dishonoured, the party dishonouring the same is liable to make compensation thereof in the
same manner as in the case of the original bill.
CHAPTER XIII
S P E C I A L R U L E S O F E V I D E N C E
118. Presumptions as to negotiable instruments.—Until the contrary is proved, the following
presumptions shall be made:—
(a) of consideration:—that every negotiable instrument was made or drawn for consideration, and
that every such instrument, when it has been accepted, indorsed, negotiated or transferred, was accepted,
indorsed, negotiated or transferred for consideration;
(b) as to date:—that every negotiable instrument bearing a date was made or drawn on such date;
(c) as to time of acceptance:—that every accepted bill of exchange was accepted within a reasonable
time after its date and before its maturity;
(d) as to time of transfer:—that every transfer of a negotiable instrument was made before its
naturity;

1. Ins. by Act 2 of 1885, s. 9.
2. The brackets, words and figures “(except in cases provided for by the Code of Civil Procedure, s. 532,)” omitted by Act 30 of 1926 , s. 3.
3. Subs. by Act 66 of 1988 , s. 3 , for “six per centum” (w.e.f . 30 – 12 – 1988 ).
25
(e) as to order of indorsements:—that the indorsements appearing upon a negotiable instrument
were made in the order in which they appear then on;
(f) as to stamp:— that a lost promissory note, bill of exchange or cheque was duly stamped;
(g) that holder is a holder in due course:— that the holder of a negotiable instrument is a holder in
due course : provided that, where the instrutment has been obtained from its lawful owner, or from any
person in lawful custody thereof, by means of an offence or fraud, or has been obtained from the maker or
acceptor thereof by means of an offence or fraud, or for unlawful consideration, the burden of proving that
the holder is a holder in due course lies upon him.
119. Presumption on proof of protest.—In a suit upon an instrument which has been dishonoured,
the Court shall, on proof of the protest, presume the fact of dishonour, unless and until such fact is
disproved.
120. Estoppel against denying original validity of instrument.—No maker of a promissory note, and
no drawer of a bill of exchange or cheque, and no acceptor of a bill of exchange for the honour of the drawer
shall, in a suit thereon by a holder in due course, be permitted to deny the validity of the instrument as
originally made or drawn.
121. Estoppel against denying capacity of payee to indorse.—No maker of a promissory note and no
acceptor of a bill of exchange 1
[payable to order] shall, in a suit thereon by a holder in due course, be
permitted to deny the payee’s capacity, at the date of the note or bill, to indorse the same.
122. Estoppel against denying signature or capacity of prior party.—No indorser of a negotiable
instrument shall, in a suit thereon by a subsequent holder, be permitted to deny the signature or capacity to
contract of any prior party to the instrument.
CHAPTER XIV
O F C R O S S E D C H E Q U E S
123. Cheque crossed generally.—Where a cheque bears across its face an addition of the words “and
company” or any abbreviation thereof, between two parallel transverse lines, or of two parallel transverse
lines simply, either with or without the words “not negotiable”, that addition shall be deemed a crossing, and
the cheque shall be deemed to be crossed generally.
124. Cheque crossed specially.—Where a cheque bears across its face an addition of the name of a
banker, either with or without the words “not negotiable”, that addition shall be deemed a crossing and the
cheque shall be deemed to be crossed specially, and to be crossed to that banker.
125. Crossing after issue.—Where a cheque is uncrossed, the holder may cross it generally or specially.
Where a cheque is crossed generally, the holder may cross it specially.
Where a cheque is crossed generally, or specially, the holder may add the words “not negotiable”.
Where a cheque is crossed specially, the banker to whom it is crossed may again cross it specially to
another banker, his agent, for collection.
126. Payment of cheque crossed generally.—Where a cheque is crossed generally, the banker on whom
it is drawn shall not pay it otherwise than to a banker.
Payment of cheque crossed specially.—Where a cheque is crossed specially, the banker on whom it is
drawn shall not pay it otherwise than to the banker to whom it is crossed, or his agent for collection.
127. Payment of cheque crossed specially more than once.—Where a cheque is crossed specially to
more than one banker, except when crossed to an agent for the purpose of collection, the banker on whom it is
drawn shall refuse payment thereof.
128. Payment in due course of crossed cheque.—Where the banker on whom a crossed cheque is drawn
has paid the same in due course, the banker paying the cheque, and (in case such cheque has come to the
hands of the payee) the drawer thereof, shall respectively be entitled to the same rights, and be placed in the

1. Subs. by Act 8 of 1919, s. 5, for “payable to, or to the orderof,
a specified person”.
26
same position in all respects, as they would respectively be entitled to and placed in if the amount of the
cheque had been paid to and received by the true owner thereof.
129. Payment of crossed cheque out of due course.—Any banker paying a cheque crossed generally
otherwise than to a banker, or a cheque crossed specially otherwise than to the banker to whom the same is
crossed, or his agent for collection, being a banker, shall be liable to the true owner of the cheque for any loss
he may sustain owing to the cheque having been so paid.
130. Cheque bearing “not negotiable”.—A person taking a cheque crossed generally or specially,
bearing in either case the words “not negotiable”, shall not have, and shall not be capable of giving, a better
title to the cheque than that which the person from whom he took it had.
131. Non-liability of banker receiving payment of cheque.—A banker who has in good faith and
without negligence received payment for a customer of a cheque crossed generally or specially to himself
shall not, in case the title to the cheque proves defective, incur any liability to the true owner of the cheque by
reason only of having received such payment.
1
[Explanation 2
[(I)].— A banker receives payment of a crossed cheque for a customer within the meaning
of this section notwithstanding that he credits his customer’s account with the amount of the cheque before
receiving payment thereof.]
3
[Explanation II.—It shall be the duty of the banker who receives payment based on an electronic image
of a truncated cheque held with him, to verify the prima facie genuineness of the cheque to be truncated and
any fraud, forgery or tampering apparent on the face of the instrument that can be verified with due diligence
and ordinary care.]
4
[131A. Application of Chapter to drafts.—The provisions of this Chapter shall apply to any draft, as
defined in section 85A, as if the draft were a cheque.]
CHAPTER XV
O F B I L L S I N S E T S
132. Set of bills.—Bills of exchange may be drawn in parts, each part being numbered and containing a
provision that it shall continue payable only so long as the others remain unpaid. All the parts together make a
set; but the whole set constitutes only one bill, and is extinguished when one of the parts, if a separate bill,
would be extinguished.
Exception.—When a person accepts or indorses different parts of the bill in favour of different persons, he
and the subsequent endorsers of each part are liable on such part as if it were a separate bill.
133. Holder of first acquired part entitled to all—As between holders in due course of different parts of
the same set, he who first acquired title to his part is entitled to the other parts and the money representated by
the bill.
CHAPTER XVI
O F I N T E R N A T I O N A L L A W
134. Law governing liability of maker, acceptor or indorser of foreign instrument.—In the absence of a
contract to the contrary, the liability of the maker or drawer of a foreign promissory note, bill of exchange or
cheque is regulated in all essential matters by the law of the place where he made the instrument, and the
respective liabilities of the acceptor and indorser by the law of the place where the instrument is made payable.
Illustration
A bill of exchange was drawn by A in California, where the rate of interest is 25 per cent., and accepted by B, payable in
Washington, where the rate of interest is 6 per cent. The bill is erdorsed in 5
[India], and is dishonoured. An action on the bill is brought
against B in 5
[India]. He is liable to pay interest at the rate of 6 per cent. only; but if A is charged as drawer, A is liable to pay interest
at the rate of 25 per cent.

1. Ins. by Act 18 of 1922, s. 2.
2. Explanation re-numbered as Explanation I thereof by Act 55 of 2002, s. 6 (w.e.f. 6-2-2003).
3. Ins. by s. 6, ibid., (w.e.f. 6-2-2003).
4. Ins. by Act 33 of 1947, s. 2.
5. Subs. by Act 3 of 1951, s. 3 and the Sch. for “the States”.
27
135. Law of place of payment governs dishonour.—Where a promissory note, bill of exchange or
cheque is made payable in a different place from that in which it is made or indorsed, the law of the place
where it is made payable determines what constitutes dishonour and what notice of dishonour is sufficient.
Illustration
A bill of exchange drawn and indorsed in 1
[India], but accepted payable in France, is dishonoured. The indorsee causes it to be
protested for such dishonour, and gives notice thereof in accordance with the law of France, though not in accordance with the rules
herein contained in respect of bills which are not foreign. The notice is sufficient.
136. Instrument made, etc., out of India, but in accordance with the law of India.—If a negotiable
instrument is made, drawn, accepted or indorsed 2
[outside India], but in accordance with the 3
[law of India],
the circumstances that any agreement evidenced by such instrument is invalid according to the law of the
country wherein it was entered into does not invalidate any subsequent acceptance or indorsement made
thereon 4
[within India].
137. Presumption as to foreign law.—The law of any foreign country 5
*** regarding promissory notes,
bills of exchange and cheques shall be presumed to be the same as that of 6
[India], unless and until the
contrary is proved.
7
[CHAPTER XVII
OF PENALTIES IN CASE OF DISHONOUR OF CERTAIN CHEQUES FOR INSUFFICIENCY OF FUNDS IN THE
ACCOUNTS
138. Dishonour of cheque for insufficiency, etc., of funds in the account.—Where any cheque drawn
by a person on an account maintained by him with a banker for payment of any amount of money to another
person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned
by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient
to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement
made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice
to any other provision of this Act, be punished with imprisonment for 8
[a term which may be extended to two
years’], or with fine which may extend to twice the amount of the cheque, or with both:
Provided that nothing contained in this section shall apply unless—
(a) the cheque has been presented to the tank within a period of six months from the date on which it
is drawn or within the period of its validity, whichever is earlier;
(b) the payee or the holder in due course of the cheque, as the case may be, makes a demand for the
payment of the said amount of money by giving a notice; in writing, to the drawer of the cheque, 9
[within
thirty days] of the receipt of information by him from the bank regarding the return of the cheque as
unpaid; and
(c) the drawer of such cheque fails to make the payment of the said amount of money to the payee or,
as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said
notice.
Explanation.—For the purposes of this section, “debt of other liability” means a legally enforceable debt or
other liability.

1. Subs. by Act 3 of 1951, s. 3 and the sch. for “the states”.
2. Subs. by the A.O. 1948, A.O. 1950 and the Act 3 of 1951, s. 3 and the Sch. for “out of British India”.
3. Subs. by s. 3, ibid., for “law of British India” .
4. Subs. by s. 3, ibid., for “in British India”.
5. The words “or the State of Jammu and Kashmir” omitted by Act 62 of 1956, s. 2 and the Sch.
6. Subs. by the A.O. 1948, A.O. 1950 and the Act 3 of 1951, s. 3 and the Sch. for “British India”.
7. Ins. by Act 66 of 1988, s, 4 (w.e.f. 1-4-1989).
8. Subs. by Act 55 of 2002, s.7, for certain words (w.e.f. 6-2-2003).
9. Subs. by s. 7, ibid., for “within fifteen days” (w.e.f. 6-2-2003).
28
139. Presumption in favour of holder.—It shall be presumed, unless the contrary is proved, that the
holder of a cheque received the cheque of the nature referred to in section 138 for the discharge, in whole or in
part, of any debt or other liability.
140. Defence which may not be allowed in any prosecution under section 138.—It shall not be a
defence in a prosecution for an offence under section 138 that the drawer had no reason to believe when he
issued the cheque that the cheque may be dishonoured on presentment for the reasons stated in that section.
141. Offences by companies.—(1) If the person committing an offence under section 138 is a company,
every person who, at the time the offence was committed, was in charge of, and was responsible to, the
company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty
of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any person liable to punishment if he
proves that the offence was committed without his knowledge, or that he had exercised all due diligence to
prevent the commission of such offence:
1
[Provided further that where a person is nominated as a Director of a company by virtue of his holding
any office or employment in the Central Government or State Government or a financial corporation owned or
controlled by the Central Government or the State Government, as the case may be, he shall not be liable for
prosecution under this Chapter.]
(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been
committed by a company and it is proved that the offence has been committed with the consent or connivance
of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the
company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence
and shall be liable to be proceeded against and punished accordingly.
Explanation.—For the purposes of this section, —
(a) “company” means anybody corporate and includes a firm or other association of individuals;
and
(b) “director”, in relation to a firm, means a partner in the firm.
142. Cognizance of offences.—2
[(1)] Notwithstanding anything contained in the Code of Criminal
Procedure, 1973 (2 of 1974),—
(a) no court shall take cognizance of any offence punishable under section 138 except upon a
complaint, in writing, made by the payee or, as the case may be, the holder in due course of the cheque;
(b) such complaint is made within one month of the date on which the cause of action arises under
clause (c) of the proviso to section 138:
3
[Provided that the cognizance of a complaint may be taken by the Court after the prescribed period, if the
the complainant satisfies the Court that he had sufficient cause for not making a complaint within such
period;]
(c) no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall
try any offence punishable under section 138.].
4
[(2) The offence under section 138 shall be inquired into and tried only by a court within whose local
jurisdiction,—
(a) if the cheque is delivered for collection through an account, the branch of the bank where the
payee or holder in due course, as the case may be, maintains the account, is situated; or
(b) if the cheque is presented for payment by the payee or holder in due course, otherwise through an
account, the branch of the drawee bank where the drawer maintains the account, is situated.

1. Ins. by Act 55 of 2002, s. 8, (w.e.f. 6-2-2003).
2. Section 142 numbered as sub-section (1) thereof by Act 26 of 2015, s. 3 (w.e.f. 15-6-2015).
3. Ins. by Act 55 of 2002, s. 9, (w.e.f. 6-2-2003).
4. Ins. Act 26 of 2015, s. 3, (w.e.f. 15-6-2015).
29
Explanation.—For the purposes of clause (a), where a cheque is delivered for collection at any branch of
the bank of the payee or holder in due course, then, the cheque shall be deemed to have been delivered to the
branch of the bank in which the payee or holder in due course, as the case may be, maintains the account.]
1
[142A. Validation for transfer of pending cases.—(1) Notwithstanding anything contained in the Code
of Criminal Procedure, 1973 (2 of 1974) or any judgment, decree, order or direction of any court, all cases
transferred to the court having jurisdiction under sub-section (2) of section 142, as amended by the Negotiable
Instruments (Amendment) Ordinance, 2015 (Ord. 6 of 2015), shall be deemed to have been transferred under
this Act, as if that sub-section had been in force at all material times.
(2) Notwithstanding anything contained in sub-section (2) of section 142 or sub-section (1), where the
payee or the holder in due course, as the case may be, has filed a complaint against the drawer of a cheque in
the court having jurisdiction under sub-section (2) of section 142 or the case has been transferred to that court
under sub-section (1) and such complaint is pending in that court, all subsequent complaints arising out of
section 138 against the same drawer shall be filed before the same court irrespective of whether those cheques
were delivered for collection or presented for payment within the territorial jurisdiction of that court.
(3) If, on the date of the commencement of the Negotiable Instruments (Amendment)
Act, 2015 (26 of 2015), more than one prosecution filed by the same payee or holder in due course, as the case
may be, against the same drawer of cheques is pending before different courts, upon the said fact having been
brought to the notice of the court, such court shall transfer the case to the court having jurisdiction under subsection
(2) of section 142, as amended by the Negotiable Instruments (Amendment)
Ordinance, 2015 (Ord. 6 of 2015), before which the first case was filed and is pending, as if that sub-section
had been in force at all material times.]
2
[143. Power of Court to try cases summarily.—(1) Notwithstanding anything contained in the Code of
Criminal Procedure, 1973 (2 of 1974) all offences under this Chapter shall be tried by a Judicial Magistrate of
the first class or by a Metropolitan Magistrate and the provisions of sections 262 to 265 (both inclusive) of the
said Code shall, as far as may be, apply to such trials:
Provided that in the case of any conviction in a summary trial under this section, it shall be lawful for the
Magistrate to pass a sentence of imprisonment for a term not exceeding one year and an amount of fine
exceeding five thousand rupees:
Provided further that when at the commencement of, or in the course of, a summary trial under this
section, it appears to the Magistrate that the nature of the case is such that a sentence of imprisonment for a
term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the case
summarily, the Magistrate shall after hearing the parties, record an order to that effect and thereafter recall
any witness who may have been examined and proceed to hear or rehear the case in the manner provided by
the said Code.
(2) The trial of a case under this section shall, so far as practicable, consistently with the interests of
justice, be continued from day to day until its conclusion, unless the Court finds the adjournment of the trial
beyond the following day to be necessary for reasons to be recorded in writing.
(3) Every trial under this section shall be conducted as expeditiously as possible and an endeavour shall
be made to conclude the trial within six months from the date of filing of the complaint.
144. Mode of service of summons.—(1) Notwithstanding anything contained in the Code of Criminal
Procedure, 1973 (2 of 1974) and for the purposes of this Chapter, a Magistrate issuing a summons to an
accused or a witness may direct a copy of summons to be served at the place where such accused or witness
ordinarily resides or carries on business or personally works for gain, by speed post or by such courier
services as are approved by a Court of Session.
(2) Where an acknowledgment purporting to be signed by the accused or the witness or an endorsement
purported to be made by any person authorised by the postal department or the courier services that the accused

1. Ins. by Act 26 of 2015, s. 4, (w.e.f. 15-6-2015).
2. Ins. by Act 55 of 2002, s. 10, (w.e.f. 6-2-2003).
30
or the witness refused to take delivery of summons has been received, the Court issuing the summons may
declare that the summons has been duly served.
145. Evidence on affidavit.—(1) Notwithstanding anything contained in the Code of Criminal
Procedure, 1973 (2 of 1974), the evidence of the complainant may be given by him on affidavit and may,
subject to all just exceptions be read in evidence in any enquiry, trial or other proceeding under the said Code.
(2) The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon
and examine any person giving evidence on affidavit as to the facts contained therein.
146. Bank’s slip prima facie evidence of certain facts.—The Court shall, in respect of every proceeding
under this Chapter, on production of Bank’s slip or memo having thereon the official mark denoting that the
cheque has been dishonoured, presume the fact of dishonour of such cheque, unless and until such fact is
disproved.
147. Offences to be compoundable.—Notwithstanding anything contained in the Code of Criminal
Procedure, 1973 (2 of 1974), every offence punishable under this Act shall be compoundable].
SCHEDULE.—[Enactments repealed].—Rep. by the Repealing and Amending Act, 1891 (12 of 1891),
s. 2 and Schedule I.

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THE CODE OF CIVIL PROCEDURE, 1908

1
THE CODE OF CIVIL PROCEDURE, 1908
______
ARRANGEMENT OF SECTIONS
______
PRELIMINARY
SECTIONS
1. Short title, commencement and extent.
2. Definitions.
3. Subordination of Courts.
4. Savings.
5. Application of the Code to Revenue Courts.
6. Pecuniary jurisdiction.
7. Provincial Small Cause Courts.
8. Presidency Small Cause Courts.
PART I
SUITS IN GENERAL
JURISDICTION OF THE COURTS AND RESJUDICATA
9. Courts to try all civil suits unless barred.
10. Stay of suit.
11. Res judicata.
12. Bar to further suit.
13. When foreign judgment not conclusive.
14. Presumption as to foreign judgments.
PLACE OF SUING
15. Court in which suits to be instituted.
16. Suits to be instituted where subject-matter situate.
17. Suits for immovable property situate within jurisdiction of different Courts.
18. Place of institution of suit where local limits of jurisdiction of Courts are uncertain.
19. Suits for compensation for wrongs to person or movables.
20. Other suits to be instituted where defendants reside or cause of action arises.
21. Objections to jurisdiction.
21A. Bar on suit to set aside decree on objection as to place of suing.
22. Power to transfer suits which may be instituted in more than one Court.
23. To what Court application lies.
24. General power of transfer and withdrawal.
25. Power of Supreme Court to transfer suits, etc.
INSTITUTION OF SUITS
26. Institution of suits.
2
SUMMONS AND DISCOVERY
SECTIONS
27. Summons to defendants.
28. Service of summons where defendant resides in another State.
29. Service of foreign summonses.
30. Power to order discovery and the like.
31. Summons to witness.
32. Penalty for default.
JUDGMENT AND DECREE
33. Judgment and decree.
INTEREST
34. Interest.
COSTS
35. Costs.
35A. Compensatory costs in respect of false or vexatious claims or defences.
35B. Costs for causing delay.
PART II
EXECUTION
GENERAL
36. Application to orders.
37. Definition of Court which passed a decree.
COURTS BY WHICH DECREES MAY BE EXECUTED
38. Court by which decree may be executed.
39. Transfer of decree.
40. Transfer of decree to Court in another State.
41. Result of execution proceedings to be certified.
42. Powers of Court in executing transferred decree.
43. Execution of decrees passed by Civil Courts in places to which this Code does not extend.
44. Execution of decrees passed by Revenue Courts in places to which this Code does not extend.
44A. Execution of decrees passed by Courts in reciprocating territory.
45. Execution of decrees outside India.
46. Precepts.
QUESTIONS TO BE DETERMINED BY COURT EXECUTING DECREE
47. Questions to be determined by the Court executing decree.
LIMIT OF TIME FOR EXECUTION
48. [Repealed.]
TRANSFEREES AND LEGAL REPRESENTATIVES
49. Transferee.
50. Legal representative.
3
PROCEDURE IN EXECUTION
SECTIONS
51. Powers of Court to enforce execution.
52. Enforcement of decree against legal representative.
53. Liability of ancestral property.
54. Partition of estate or separation of share.
ARREST AND DETENTION
55. Arrest and detention.
56. Prohibition of arrest or detention of women in execution of decree for money.
57. Subsistence-allowance.
58. Detention and release.
59. Release on ground of illness.
ATTACHMENT
60. Property liable to attachment and sale in execution of decree.
61. Partial exemption of agricultural produce.
62. Seizure of property in dwelling-house.
63. Property attached in execution of decrees of several Courts.
64. Private alienation of property after attachment to be void.
SALE
65. Purchaser’s title.
66. [Repealed.]
67. Power for State Government to make rules as to sales of land in execution of decrees for payment
of money.
DELEGATION TO COLLECTOR OF POWER TO EXECUTE DECREES AGAINST IMMOVABLE PROPERTY
68––72. [Repealed]
DISTRIBUTION OF ASSETS
73. Proceeds of execution sale to be rateably distributed among decree-holders.
RESISTANCE TO EXECUTION
74. Resistance to execution.
PART III
INCIDENTAL PROCEEDINGS
COMMISSIONS
75. Power of Court to issue commissions.
76. Commission to another Court.
77. Letter of request.
78. Commissions issued by foreign Courts.
4
PART IV
SUITS IN PARTICULAR CASES
SECTIONS
SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY
79. Suits by or against Government.
80. Notice.
81. Exemption from arrest and personal appearance.
82. Execution of decree.
SUITS BY ALIENS AND BY OR AGAINST FOREIGN RULERS, AMBASSADORS AND ENVOYS
83. When aliens may sue.
84. When foreign States may sue.
85. Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers.
86. Suits against foreign Rulers, Ambassadors and Envoys.
87. Style of foreign Rulers as parties to suits.
87A. Definitions of ―foreign State‖ and ―Ruler‖
SUITS AGAINST RULERS OF FORMER INDIAN STATES
87B. Application of sections 85 and 86 to Rulers of former Indian States.
INTERPLEADER
88. Where interpleader-suit may be instituted.
PART V
SPECIAL PROCEEDINGS
ARBITRATION
89. Settlement of disputes outside the Court.
SPECIAL CASE
90. Power to state case for opinion of Court.
PUBLIC NUISANCES AND OTHER WRONGFUL ACTS AFFECTING THE PUBLIC
91. Public nuisances and other wrongful acts affecting the public.
92. Public charities.
93. Exercise of powers of Advocate-General outside presidency-towns.
PART VI
SUPPLEMENTAL PROCEEDINGS
94. Supplemental proceedings.
95. Compensation for obtaining arrest, attachment or injunction on insufficient ground.
PART VII
APPEALS
APPEALS FROM ORIGINAL DECREES
96. Appeal from original decree.
97. Appeal from final decree where no appeal from preliminary decree.
5
SECTIONS
98. Decision where appeal heard by two or more Judges.
99. No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction.
99A. No order under section 47 to be reversed or modified unless decision of the case is prejudicially
affected.
APPEALS FROM APPELLATE DECREES
100. Second appeal.
100A. No further appeal in certain cases.
101. Second appeal on no other grounds.
102. No second appeal in certain cases.
103. Power of High Court to determine issue of fact.
APPEALS FROM ORDERS
104. Orders from which appeal lies.
105. Other orders.
106. What Courts to hear appeals.
GENERAL PROVISIONS RELATING TO APPEALS
107. Powers of Appellate Court.
108. Procedure in appeals from appellate decrees and orders.
APPEALS TO THE SUPREME COURT
109. When appeals lie to the Supreme Court.
110. [Omitted.]
111. [Omitted.]
111A. [Omitted.]
112. Savings.
PART VIII
REFERENCE, REVIEW AND REVISION
113. Reference to High Court.
114. Review.
115. Revision.
PART IX
SPECIAL PROVISIONS RELATING TO THE HIGH COURTS NOT BEING THE COURT OF A
JUDICIAL COMMISSIONER
116. Part to apply only to certain High Courts.
117. Application of Code to High Courts.
118. Execution of decree before ascertainment of costs.
119. Unauthorised persons not to address Court.
120. Provisions not applicable to High Court in original civil jurisdiction.
PART X
RULES
121. Effect of rules in First Schedule.
122. Power of certain High Courts to make rules.
123. Constitution of Rule Committees in certain States.
6
SECTIONS
124. Committee to report to High Court.
125. Power of other High Courts to make rules.
126. Rules to be subject to approval.
127. Publication of rules.
128. Matters for which rules may provide.
129. Power of High Courts to make rules as to their original Civil procedure.
130. Power of other High Courts to make rules as to matters other than procedure.
131. Publication of rules.
PART XI
MISCELLANEOUS
132. Exemption of certain women from personal appearance.
133. Exemption of other persons.
134. Arrest other than in execution of decree.
135. Exemption from arrest under civil process.
135A. Exemption of members of legislative bodies from arrest and detention under civil process.
136. Procedure where person to be arrested or property to be attached is out side district.
137. Language of subordinate Courts.
138. Power of High Court to require evidence to be recorded in English.
139. Oath on affidavit by whom to be administered.
140. Assessors in causes of salvage, etc.
141. Miscellaneous proceedings.
142. Orders and notices to be in writing.
143. Postage.
144. Application for restitution.
145. Enforcement of liability of surety.
146. Proceedings by or against representatives.
147. Consent or agreement by persons under disability.
148. Enlargement of time.
148A. Right to lodge a caveat.
149. Power to make up deficiency of court-fees.
150. Transfer of business.
151. Saving of inherent powers of Court.
152. Amendment of judgments, decrees or orders.
153. General power to amend.
153A. Power to amend decree or order where appeal is summarily dismissed.
153B. Place of trial to be deemed to be open Court.
154-156. [Repealed.]
157. Continuance of orders under repealed enactments.
158. Reference to Code of Civil Procedure and other repealed enactments.
7
THE FIRST SCHEDULE . —RULES OF PROCEDURE
APPENDIX A.—PLEADINGS.
APPENDIX B.—PROCESS,
APPENDIX C. —DISCOVERY, INSPECTION AND ADMISSION.
APPENDIX D.—DECREES.
APPENDIX E.—EXECUTION.
APPENDIX F.—SUPPLEMENTAL PROCEEDINGS.
APPENDIX G —APPEAL, REFERENCE AND REVIEW.
APPENDIX H.—MISCELLANEOUS.
THE SECOND SCHEDULE — [Repealed].
THE THIRD SCHEDULE. —[Repealed].
THE FOURTH SCHEDULE. — [Repealed].
THE FIFTH SCHEDULE. — [Repealed].
ANNEXURE.
8
THE CODE OF CIVIL PROCEDURE, 1908
ACT NO. 5 OF 19081
[21st March, 1908.]
An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil
Judicature.
WHEREAS it is expedient to consolidate and amend the laws relating to the procedure of the Courts
of Civil Judicature : It is hereby enacted as follows : —
PRELIMINARY
1. Short title, commencement and extent.—(1) This Act may be cited as the Code of Civil
Procedure, 1908.
(2) It shall come into force on the first day of January, 1909.

1. This Act has been amended in its application to Assam by Assam Acts 2 of 1941 and 3 of 1953; to Tamil Nadu by
Madras Act 34 of 1950, Madras A.O. 1950, and Tamil Nadu Act 15 of 1970; to Punjab by Punjab Act 7 of 1934; to Uttar
Pradesh by U.P. Acts 4 of 1925, 35 of 1948, 24 of 1954, 17 of 1970, 57 of 1976 and 31 of 1978; to Karnataka by Mysore
Act 14 of 1955; to Kerala by Kerala Act 13 of 1957; to Rajasthan by Rajasthan Act 19 of 1958; to Maharashtra by
Maharashtra Act 22 of 1960 and 25 of 1970; It has been extended to Berar by the Berar Laws Act, 1941 (4 of 1941) and, by
notification under ss. 5 and 5A of the Schedule Districts Act, 1874 (14 of 1874), also to the following Scheduled Districts :—
(1) The district of Jalpaiguri, Cachar (excluding the North Cachar Hills Goalpara (including the Eastern Duars),
Kamrup, Darrang, Nowgong (excluding the Mikir Hill Tracts) Sibsagar (excluding the Mikir Hill Tracts) and
Lakhimpur (excluding the Dibrugarh Frontier Tracts) : Gazette of India, 1909, Pt. 1. p. 5 and ibid, 1914, Pt I, p.
1690.
(2) The District of Darjeeling and the District of Hazaribagh, Ranchi, Palamau and Manbhum in Chota Nagpur :
Calcutta Gazette, 1909, Pt. I, p. 25 and Gazette of India, 1909, Pt. I, p. 33.
(3) The Province of Kumaon and Garhwal and the Tarai Parganas (with modifications) : U.P. Gazette, 1909, Pt. I, p. 3
and Gazette of India, 1909, Pt. I, p. 31.
(4) The Pargana of Jaunsar-Bawar in Dehradun and the Scheduled portion of the Mirzapur District : U.P. Gazette,
1909, Pt. I, p. 4 and Gazette of India, 1909, Pt. I, p. 32.
(5) Coorg : Gazette of India, 1909, Pt. I, p. 32.
(6) Scheduled Districts in the Punjab : Gazette of India, 1909, Pt. I, p. 33.
(7) Sections 36 to 43 to all the Scheduled Districts in Madras, Gazette of India, 1909, Pt. I. p. 152.
(8) Scheduled Districts in the C.P., except so much as is already in force and so much as authorizes the
attachment and sale of immovable property in execution of a decree, not being a decree directing the sale of such
property : Gazette of India, 1909, Pt. I, p. 239.
(9) Ajmer-Merwara except ss. 1 and 155 to 158: Gazette of India, 1909, Pt. II, p. 480.
(10) Pargana Dhalbhum, the Municipality of Chaibassa in the Kolhan and the Por ahat Estate in the
District of Singhbhum : Calcutta, Gazette of India, 1909, Pt. I, p. 453 and Gazette of India, 1909. Pt. I, p. 443.
Under s. 3(3)(a) of the Sonthal Parganas Settlement Regulation (3 of 1872), ss. 38 to 42 and 156 and rules
4 to 9 in Order XXI in the First Schedule have been declared to be in force in the Sonthal Parganas and the
rest of the Code for the trial of suits referred to in s. 10 of the Sonthal Parganas Justice Regulation,
1893 (5 of 1893) : see Calcutta, Gazette, 1909, Pt. I, p. 45.
It has been declared to be in force in Panth Piploda by the Panth Piploda Laws Regulation.
1929 (1 of 1929), s. 2; in the Khondmals District by the Khondmals Laws Regulation, 1936 (4 of 1936), s. 3
and Sch. and in the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), s. 3 and Sch.
It has been extended to the District of Koraput and Ganjam Agency by Orissa Regulation, (5 of 1951) s.2.
It has been extended to the State of Manipur (w.e.f. 1-1-1957) by Act 30 of 1950, s. 3 to the whole of the
Union Territory of Lakshadweep (w.e.f. 1-10-1967) by Regulation 8 of 1965, s. 3 and Sch. : to Goa, Daman
and Diu (w.e.f. 15-6-1966) by Act 30 of 1965, s. 3; to Dadra and Nagar Haveli (w.e.f. 1 -7-1965) by Reg. 6 of
1963, s. 2 and Sch. 1 and to the State of Sikkim (w.e.f. 1-9-1984), vide Notification No. S.O. 599 (E),
dated 13-8-1984, Gazette of India Extraordinary., Part. II, s. 3.
9
1
[(3) It extends to the whole of India except—
(a) the State of Jammu and Kashmir;
(b) the State of Nagaland and the tribal areas :
Provided that the State Government concerned may, by notification in the Official Gazette, extend the
provisions of this Code or any of them to the whole or part of the State of Nagaland or such tribal areas,
as the case may be, with such supplemental, incidental or consequential modifications as may be specified
in the notification.
Explanation. — In this clause, ―tribal areas‖ means the territories which, immediately before the
21st day of January, 1972, were included in the tribal areas of Assam as referred to in paragraph 20 of the
Sixth Schedule to the Constitution.
(4) In relation to the Amindivi Islands, and the East Godavari, West Godavari and Visakhapatnam
Agencies in the State of Andhra Pradesh and the Union Territory of Lakshadweep, the application of this
Code shall be without prejudice to the application of any rule or regulation for the time being in force in such
Islands, Agencies or such Union Territory, as the case may be, relating to the application of this Code.]
2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—
(1) ―Code‖ includes rules;
(2) ―decree‖ means the formal expression of an adjudication which, so far as regards the Court
expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in
controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection
of a plaint and the determination of any question within 2
*** section 144, but shall not include—
(a) any adjudication from which an appeal lies as an appeal from an order, or
(b) any order of dismissal for default.
Explanation.—A decree is preliminary when further proceedings have to be taken before the suit
can be completely disposed of. It is final when such adjudication completely disposes of the suit.
It may be partly preliminary and partly final;
(3) ―decree-holder‖ means any person in whose favour a decree has been passed or an order
capable of execution has been made;
(4) ―district‖ means the local limits of the jurisdiction of a principal Civil Court of original
jurisdiction (hereinafter called a ―District Court‖), and includes the local limits of the ordinary
original civil jurisdiction of a High Court;
3
[(5) ―foreign Court‖ means a Court situate outside India and not established or continued by the
authority of the Central Government;]
(6) ―foreign judgment‖ means the judgment of a foreign Court;
(7) ―Government Pleader‖ includes any officer appointed by the State Government to perform all
or any of the functions expressly imposed by this Code on the Government Pleader and also any
pleader acting under the directions of the Government Pleader;
4
[(7A) ―High Court‖ in relation to the Andaman and Nicobar Islands, means the High Court in
Calcutta;
(7B) ―India‖, except in sections 1, 29, 43, 44, 5
[44A,] 78, 79, 82, 83 and 87A, means the territory
of India excluding the State of Jammu and Kashmir;]
(8) ―Judge‖ means the presiding officer of a Civil Court;

1. Subs. by Act 104 of 1976, s. 2, for sub-section (3) (w.e.f. 1-2-1977).
2. The words and figures ―section 47 or‖ omitted by s. 3, ibid., (w.e.f. 1-2-1977).
3. Subs. by Act 2 of 1951, s. 4, for clause (5).
4. Ins. by s. 4 ibid.
5. Ins. by Act 42 of 1953, s. 4 and the Third Sch.
10
(9) ―judgment‖ means the statement given by the Judge of the grounds of a decree or order;
(10) ―judgment-debtor‖ means any person against whom a decree has been passed or an order capable
of execution has been made;
(11) ―legal representative‖ means a person who in law represents the estate of a deceased person, and
includes any person who intermeddles with the estate of the deceased and where a party sues or is sued in
a representative character the person on whom the estate devolves on the death of the party so suing or
suied;
(12) ―mesne profits‖ of property means those profits which the person in wrongful possession of such
property actually received or might with ordinary diligence have received therefrom, together with
interest on such profits, but shall not include profits due to improvements made by the person in wrongful
possession;
(13) ―movable property‖ includes growing crops;
(14) ―order‖ means the formal expression of any decision of a Civil Court which is not a decree;
(15) ―pleader‖ means any person entitled to appear and plead for another in Court, and includes an
advocate, a vakil and an attorney of a High Court;
(16) ―prescribed‖ means prescribed by rules;
(17) ―public officer‖ means a person falling under any of the following descriptions, namely :—
(a) every Judge;
(b) every member of 1
[an All-India Service];
(c) every commissioned or gazetted officer in the military 2
[naval or air] forces of. 3
[the Union]
4
*** while serving under the Government;
(d) Every officer of a court of Justice whose duty it is, as such officer, to investigate or report on
any matter of law or fact, or to make, authenticate or keep any document, or to take charge or dispose
of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to
preserve order, in the Court, and every person especially authorised by a court of Justice to perform
any of such duties;
(e) every person who holds any office by virtue of which he is empowered to place or keep any
person in confinement;
(f) every officer of the Government whose duty it is, as such officer, to prevent offences, to give
information of offences, to bring offenders to justice, or to protect the public health, safety or
convenience;
(g) every officer whose duty it is, as such officer, to take, receive, keep or expend any property on
behalf of the Government, or to make any survey, assessment or contract on behalf of the
Government, or to execute any revenue process, or to investigate, or to report on, any matter affecting
the pecuniary interests of the Government, or to make, authenticate or keep any document relating to
the pecuniary interests of the Government, or to prevent the infraction of any law for the protection of
the pecuniary interests of the Government; and
(h) every officer in the service or pay of the Government, or remunerated by fees or commission
for the performance of any public duty;
(18) ―rules‖ means rules and forms contained in the First Schedule or made under section 122 or
section 125;
(19) ―share in a corporation‖ shall be deemed to include stock, debenture stock, debentures or bonds;
and
(20) ―signed‖, save in the case of a judgment or decree, includes stamped.

1. Subs. by Act 104 of 1976, s. 3, for ―the Indian Civil Service‖ (w.e.f. 1-2-1977).
2. Subs. by Act 35 of 1934, s. 2 and the Sch., for ―or naval‖.
3. Subs. by the A.O. 1950, for ―his Majesty‖.
4. The words ―including His Majesty‘s Indian Marine Service‖ omitted by Act 35 of 1934, s. 2 and the Sch.
11
1
* * * * *
3. Subordination of Courts.—For the purposes of this Code, the District Court is subordinate to the
High Court, and every Civil Court of a grade inferior to that of a District Court and every Court of Small
Causes is subordinate to the High Court and District Court.
4. Savings.—(1) In the absence of any specific provision to the Contrary, nothing in this Code shall
be deemed to limit or otherwise affect any special or local law now in force or any special jurisdiction or
power conferred, or any special form of procedure prescribed, by or under any other law for the time
being in force.
(2) In particular and without prejudice to the generality of the proposition contained in sub-section (1),
nothing in this Code shall be deemed to limit or otherwise affect any remedy which a landholder or
landlord may have under any law for the time being in force for the recovery of rent of agricultural land
from the produce of such land.
5. Application of the Code to Revenue Courts.—(1) Where any Revenue Courts are governed by
the provisions of this Code in those matters of procedure upon which any special enactment applicable to
them is silent, the State Government 2
*** may, by notification in the Official Gazette, declare that any
portions of those provisions which are not expressly made applicable by this Code shall not apply to those
Courts, or shall only apply to them with such modifications as the State Government 3
* * * may prescribe.
(2) ―Revenue Court‖ in sub-section (1) means a Court having jurisdiction under any local law to
entertain suits or other proceedings relating to the rent, revenue or profits of land used for
agricultural purposes, but does not include a Civil Court having original jurisdiction under this Code
to try such suits or proceedings as being suits or proceedings of a civil nature.
6. Pecuniary jurisdiction.—Save in so far as is otherwise expressly provided, nothing herein
contained shall operate to give any Court jurisdiction over suits the amount or value of the subject-matter
of which exceeds the pecuniary limits (if any) of its ordinary jurisdiction.
7. Provincial Small Cause Courts.—The following provisions shall not extend to Courts
constituted under the Provincial Small Cause Courts Act, 1887(9 of 1887) 4
[or under the Berar Small
Cause Courts Law, 1905], or to Courts exercising the jurisdiction of a Court of Small Causes 5
[under the
said Act or Law], 6
[or to Courts in 7
[any part of India to which the said Act does not extend] exercising a
a corresponding jurisdiction that is to say.—
(a) so much of the body of the Code as relates to—
(i) suits excepted from the cognizance of a Court of Small Causes;
(ii) the execution of decrees in such suits;
(iii) the execution of decrees against immovable property; and
(b) the following sections, that is to say,—
section 9,
sections 91 and 92,
sections 94 and 95 8
[so far as they authorize or relate to]—
(i) orders for the attachment of immovable property,
(ii) injunctions,
(iii) the appointment of a receiver of immovable property, or

1. Cl. (21) omitted by Act 2 of 1951, s. 4 earlier ins. by the A.O. 1950.
2. The words ―with the previous sanction of the G.G. in C‖, omitted by Act 38 of 1920, s. 2 and the First Sch. Pt. I.
3. The words ―with the sanction aforesaid‖ omitted by s. 2 and the First Sch., Pt. I, ibid.
4. Ins. by Act 4 of 1941, s. 2 and the Third Sch.
5. Subs. by s. 2 and the Third Sch., ibid., for ―under that Act‖.
6. Ins. by Act 2 of 1951, s. 5.
7. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for ―Part B States‖.
8. Subs. by Act 1 of 1926, s. 3, for ―so far as they relate to injuctions and interlocutory orders‖ .
12
(iv) the interlocutory orders to in clause (e) of section 94], and sections 96 to 112 and 115.
8. Presidency Small Cause Courts.—Save as provided in sections 24, 38 to 41, 75, clauses (a), (b)
and (c), 76,1
[77, 157 and 158], and by the Presidency Small Cause Courts Act, 1882 (15 of 1882), the
provisions in the body of this Code shall not extend to any suit or proceeding in any Court of Small
Causes established in the towns of Calcutta, Madras and Bombay :
2
[Provided that—
(1) the High Courts of Judicature at Fort William, Madras and Bombay, as the case may be, may
from time to time, by notification in the Official Gazette, direct3
that any such provisions not
inconsistent with the express provisions of the Presidency Small Cause Courts Act, 1882 (15 of 1882),
and with such modifications and adaptations as may be specified in the notification, shall extend to suits
or proceedings or any class of suits or proceedings in such Court.
(2) All rules heretofore made by any of the said High Courts under section 9 of the Presidency
Small Cause Courts Act, 1882 (15 of 1882) shall be deemed to have been validly made.]
PART I
SUITS IN GENERAL
JURISDICTION OF THE COURTS AND Res Judicata
9. Courts to try all civil suits unless barred.—The Courts shall (subject to the provisions herein
contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is
either expressly or impliedly barred.
4
[Explanation I].—A suit in which the right to property or to an office is contested is a suit of a civil
nature, notwithstanding that such right may depend entirely on the decision of questions as to religious
rites or ceremonies.
5
[Explanation I].—For the purposes of this section, it is immaterial whether or not any fees are attached
to the office referred to in Explanation I or whether or not such office is attached to a particular place.]
10. Stay of suit.—No Court shall proceed with the trial of any suit in which the matter in issue is also
directly and substantially in issue in a previously instituted suit between the same parties, or between
parties under whom they or any of them claim litigating under the same title where such suit is pending in
the same or any other Court in 6
[India] have jurisdiction to grant the relief claimed, or in any Court
beyond the limits of 6
[India] established or continued by 7
[the Central Government 8
* * *.] and having
like jurisdiction, or before 9
[the Supreme Court].
Explanation.—The pendency of a suit in a foreign Court does not preclude the Courts in 6
[India] from
trying a suit founded on the same cause of action.
11. Res judicata.—No Court shall try any suit or issue in which the matter directly and substantially
in issue has been directly and substantially in issue in a former suit between the same parties, or between
parties under whom they or any of them claim, litigating under the same title, in a Court competent to try
such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and
finally decided by such Court.

1. Subs. by Act 104 of 1976, s. 4, for ―77 and 155 to 158‖ (w.e.f. 1-2-1977).
2. Added by Act 1 of 1914, s. 2.
3. For instance of such direction, see Calcutta Gazette, 1910, Pt. I, p. 814.
4. Explanation renumbered as Explanation I thereof by Act 104 of 1976, s. 5 (w.e.f. 1-2-1977).
5. Ins. by s. 5, ibid., (w.e.f. 1-2-1977).
6. Subs. by Act 2 of 1951, s. 3, for ―the States‖.
7. Subs. by the A.O. 1937, for ―the G.G. in C.‖
8. The words ―or the Crown Representative‖ omitted by the A.O. 1948.
9. Subs. by the A.O. 1950, for ―His Majesty in Council‖.
13
Explanation I.—The expression ―former suit‖ shall denote a suit which has been decided prior to a
suit in question whether or not it was instituted prior thereto.
Explanation II.—For the purposes of this section, the competence of a Court shall be determined
irrespective of any provisions as to a right of appeal from the decision of such Court.
Explanation III.—The matter above referred to must in the former suit have been alleged by one
party and either denied or admitted, expressly or impliedly, by the other.
Explanation IV.—Any matter which might and ought to have been made ground of defence or
attack in such former suit shall be deemed to have been a matter directly and substantially in issue in such suit.
Explanation V.—Any relief claimed in the plaint, which is not expressly granted by the decree,
shall for the purposes of this section, be deemed to have been refused.
Explanation VI.—Where persons litigate bona fide in respect of a public right or of a private right
claimed in common for themselves and others, all persons interested in such right shall, for the purposes
of this section, be deemed to claim under the persons so litigating .
1
[Explanation VII.—The provisions of this section shall apply to a proceeding for the execution of a
decree and references in this section to any suit, issue or former suit shall be construed as references,
respectively, to a proceeding for the execution of the decree, question arising in such proceeding and a former
proceeding for the execution of that decree.
Explanation VIII. —An issue heard and finally decided by a Court of limited jurisdiction, competent
to decide such issue, shall operate as res judicata in a subsequent suit, notwithstanding that such Court of
limited jurisdiction was not competent to try such subsequent suit or the suit in which such issue has been
subsequently raised.]
12. Bar to further suit —Where a plantiff is precluded by rules from instituting a further suit in
respect of any particular cause of action, he shall not be entitled to institute a suit in respect of such cause
of action in any Court to which this Code applies.
13. When foreign judgment not conclusive.—A foreign judgment shall be conclusive as to any
matter thereby directly adjudicated upon between the same parties or between parties under whom they or
any of them claim litigating under the same title except—
(a) where it has not been pronounced by a Court of competent jurisdication;
(b) where it has not been given on the merits of the case;
(c) where it appears on the face of the proceedings to be founded on an incorrect view of
international law or a refusal to recognise the law of 2
[India] in cases in which such law is applicable;
(d) where the proceedings in which the judgment was obtained are opposed to natural justice;
(e) where it has been obtained by fraud;
(f) where it sustains a claim founded on a breach of any law in force in 2
[India].
14. Presumption as to foreign judgments.—The Court shall presume upon the production of any
document purporting to be a certified copy of a foreign judgment, that such judgment was pronounced by
a Court of competent jurisdiction, unless the contrary appears on the record; but such presumption may be
displaced by proving want of jurisdiction.
PLACE OF SUING
15. Court in which suits to be instituted.—Every suit shall be instituted in the Court of the lowest
grade competent to try it.
16. Suits to be instituted where subject-matter situate.—Subject to the pecuniary or other
limitations presscribed by any law, suits—
(a) for the rocovery of immovable property with or without rent or profits,
(b) for the partition of immovable property,

1. Ins. by Act 104 of 1976, s. 6 (w.e.f. 1-2-1977).
2. Subs. by Act 2 of 1951, s. 3, for ―the States‖.
14
(c) for foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable
property,
(d) or the determination of any other right to or interest in immovable property,
(e) for compensation for wrong to immovable property,
(f) for the recovery of movable property actually under distraint or attachment,
shall be instituted in the Court within the local limits of whose jurisdiction the property is situate:
Provided that a suit to obtain relief respecting, or compensation for wrong to, immovable property
held by or on behalf of the defendant may, where the relief sought can be entirely obtained through his
personal obedience, be instituted either in the Court within the local limits of whose jurisdiction the
property is situate, or in the Court within the local limits of whose jurisdiction the defendant actually and
voluntarily resides, or carries on business, or personally works for gain.
Explanation.—In this section ―property‖ means property situate in 1
[India].
17. Suits for immovable property situate within jurisdiction of different Courts.—Where a suit is to
obtain relief respecting, or compensation for wrong to, immovable property situate within the jurisdiction of
different Courts. the suit may be instituted in any Court within the local limits of whose jurisdiction any
portion of the property is situate :
Provided that, in respect of the value of the subject-matter of the suit, the entire claim is cognizable
by such Court.
18. Place of Institution of suit where local limits of jurisdiction of Courts are
uncertain.— (1) Where it is alleged to be uncertain within the local limits of the jurisdiction of which of
two or more Courts any immovable property is situate, any one of those Courts may, if satisfied that there
is ground for the alleged uncertainty, record a statement to that effect and thereupon proceed to entertain
and dispose of any suit relating to that property, and its decree in the suit shall have the same effect as if
the property were situate within the local limits of its jurisdiction:
Provided that the suit is one with respect to which the Court is competent as regards the nature and
value of the suit to exercise jurisdiction.
(2) Where a statement has not been recorded under sub-section (1), and an.objection is taken before
an Appellate or Revisional Court that a decree or order in a suit relating to such property was made by a
Court not having jurisdiction where the property is situate, the Appellate or Revisional Court shall not
allow the objection unless in its opinion there was, at the time of the institution of the suit, no reasonable
ground for uncertainty as to the court having jurisdiction with respect thereto and there has been a
consequent failure of justice.
19. Suits for compensation for wrongs to person or movables.—Where a suit is for compensation for
wrong done to the person or to movable property, if the wrong was done within the local limits of the
jurisdiction of one Court and the defendant resides, or carries on business, or personally works for gain, within
the local limits of the jurisdiction of another Court, the suit may be instituted at the option of the plaintiff in
either of the said Courts.
Illustrations
(a) A, residing in Delhi, beats B in Calcutta. B may sue A either in Calcutta or in Delhi.
(b) A, residing in Delhi, publishes in Calcutta statements defamatory of B. B may sue A either in Calcutta or in
Delhi.
20. Other suits to be instituted where defendants reside or cause of action arises.—Subject to
the limitations aforesaid, every suit shall be instituted in a Court within the local limits of whose
jurisdiction—
(a) the defendant, or each of the defendants where there are more than one, at the time of the
commencement of the suit, actually and voluntarily resides, or carries on business, or personally
works for gain; or
(b) any of the defendants, where there are more than one, at the time of the commencement of the
suit, actually and voluntarily resides, or carries on business, or personally works for gain, provided

1. Subs. by Act 2 of 1951, s. 3 for ―the States‖
15
that in such case either the leave of the Court is given, or the defendants who do not reside, or carry on
business, or personally works for gain, as aforesaid, acquiesce in such institution; or
(c) The cause of action, wholly or in part, arises.
1
* * * * *
2
[Explanation].—A corporation shall be deemed to carry on business at its sole or principal office
in 3
[India] or, in respect of any cause of action arising at any place where it has also a subordinate
office, at such place.
Illustrations
(a) A is a tradesman in Calcutta, B carries on business in Delhi. B, by his agent in Calcutta, buys goods of A
and requests A to deliver them to the East Indian Railway Company. A delivers the goods accordingly in Calcutta.
A may sue B for the price of the goods either in Calcutta, where the cause of action has arisen, or in Delhi, where B
carries on business.
(b) A resides at Simla, B at Calcutta and C at Delhi. A, B and C being together at Benaras, B and C make a joint
promissory note payable on demand, and deliver it to A. A may sue B and C at Benaras, where the cause of action
arose. He may also sue them at Calcutta, where B resides, or at Delhi, where C resides; but in each of these cases, if
the non-resident defendant objects, the suit cannot proceed without the leave of the Court.
21. Objections to jurisdiction. —
4
[(1)] No objection as to the place of suing shall be allowed by any
Appellate or Revisional Court unless such objection was taken in the Court of first instance at the earliest
possible opportunity and in all cases where issues are settled at or before such settlement, and unless there
has been a consequent failure of justice.
5
[(2) No objection as to the competence of a Court with reference to the pecuniary limits of its
jurisdiction shall be allowed by any Appellate or Revisional Court unless such objection was taken in the
Court of first instance at the earliest possible opportunity, and, in all cases where issues are settled, at or
before such settlement, and unless there has been a consequent failure of justice.
(3) No objection as to the competence of the executing Court with reference to the local limits of its
jurisdiction shall be allowed by any Appellate or Revisional Court unless such objection was taken in the
executing Court at the earliest possible opportunity, and unless there has been a consequent failure of
justice.]
6
[21A. Bar on suit to set aside decree on objection as to place of suing.— No suit shall lie
challenging the validity of a decree passed in a former suit between the same parties, or between the
parties under whom they or any of them claim, litigating under the same title, on any ground based on an
objection as to the place of suing.
Explanation.—The expression ―former suit‖ means a suit which has been decided prior to the
decision in the suit in which the validity of the decree is questioned, whether or not the previously
decided suit was instituted prior to the suit in which the validity of such decree is questioned.]
22. Power to transfer suits which may be instituted in more than one Court.—Where a suit may
be instituted in any one of two or more Courts and is instituted in one of such Courts, any defendant, after
notice to the other parties, may, at the earliest possible opportunity and in all cases where issues are
settled at or before such settlement, apply to have the suit transferred to another Court, and the Court to
which such application is made, after considering the objections of the other parties (if any), shall
determine in which of the several Courts having jurisdiction the suit shall proceed.

1. Explanation 1 omitted by Act 104 of 1976, s. 7 (w.e.f. 1-2-1977).
2. Subs. by s. 7, ibid., for ―Explanation II‖ (w.e.f. 1-2-1977).
3. Subs. by Act 2 of 1951, s. 3 for ―the States‖.
4. S. 21 renumbered as sub-section (1) by Act 104 of 1976, s. 8 (w.e.f. 1-2-1977).
5. Ins. by s. 8, ibid. (w.e.f. 1-2-1977).
6. Ins by s. 9, ibid. (w.e.f. 1-2-1977).
16
23. To what Court application lies.—(I) Where the several Courts having jurisdiction are subordinate
to the same Appellate Court, an application under section 22 shall be made to the Appellate Court.
(2) Where such Courts are subordinate to different Appellate Courts but to the same High Court, the
application shall be made to the said High Court.
(3) Where such Courts are subordinate to different High Courts, the application shall be made to the
High Court within the local limits of whose jurisdiction the Court in which the suit is brought is situate.
24. General power of transfer and withdrawal.—(1) On the application of any of the parties and
after notice to the parties and after hearing such of them as desired to be heard, or of its own motion
without such notice, the High Court or the District Court may at any stage—
(a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any
Court subordinate to it and competent to try or dispose of the same, or
(b) withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and—
(i) try or dispose of the same; or
(ii) transfer the same for trial or disposal to any Court subordinate to it and competent to
try or dispose of the same; or
(iii) retransfer the same for trial or disposal to the Court from which it was withdrawn.
(2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court
which 1
[is thereafter to try or dispose of such suit or proceeding] may, subject to any special directions in the
case of an order of transfer, either retry it or proceed from the point at which it was transferred or
withdrawn.
2
[(3) For the purposes of this section,—
(a) Courts of Additional and Assistant Judges shall be deemed to be subordinate to the
District Court;
(b) ―proceeding‖ includes a proceeding for the execution of a decree or order.]
(4) The Court trying any suit transferred or withdrawn under this section from a Court of Small
Causes shall, for the purposes of such suit, be deemed to be a Court of Small Causes.
3
[(5) A suit or proceeding may be transferred under this section from a Court which has no
jurisdiction to try it.]
4
[25. Power of Supreme Court to transfer suits, etc.—(1) On the application of a party, and after notice
to the parties, and after hearing such of them as desire to be heard, the Supreme Court may, at any stage, if
satisfied that an order under this section is expedient for the ends of justice, direct that any suit, appeal or other
proceeding be transferred from a High Court or other Civil Court in one State to a High Court or other Civil
Court in an other State.
(2) Every application under this section shall be made by a motion which shall be supported by an
affidavit.
(3) The Court to which such suit, appeal or other proceeding is transferred shall, subject to any special
directions in the order of transfer, either retry it or proceed from the stage at which it was transferred to it.
(4) In dismissing any application under this section, the Supreme Court may, if it is of opinion that
the application was frivolous or vexatious, order the applicant to pay by way of compensation to any
person who has opposed the application such sum, not exceeding two thousand rupees, as it considers
appropriate in the circumstances of the case.
(5) The law applicable to any suit, appeal or other proceeding transferred under this section shall be
the law which the Court in which the suit, appeal or other proceeding was originally instituted ought to
have applied to such suit, appeal or proceeding.]

1. Subs. by Act 104 of 1976, s. 10, for ―thereafter tries such suit‖ (w.e.f. 1-2-1977).
2. Subs. by s. 10, ibid., for sub-section (3) (w.e.f. 1-2-1977).
3. Ins. by s. 10, ibid, (w.e.f. 1-2-1977).
4. Subs. by s. 11, ibid., for s. 25 (w.e.f. 1-2-1977).
17
INSTITUTION OF SUITS
26. Institution of suits. — 1
[(1)] Every suit shall be instituted by the presentation of a plaint or in
such other manner as may be prescribed.
2
[(2) In every plaint, facts shall be proved by affidavit:]
*[Provided that such an affidavit shall be in the form and manner as prescribed under Order VI of
rule 15A.]
SUMMONS AND DISCOVERY
27. Summons to defendants.—Where a suit has been duly instituted, a summons may be issued to
the defendant to appear and answer the claim and may be served in manner prescribed 2
[on such day not
beyond thirty days from date of the institution of the suit.]
28. Service of summons where defendant resides in another State.—(1) A summons may be sent for
service in another State to such Court and in such manner as may be prescribed by rules in force in that State.
(2) The Court to which such summons is sent shall, upon receipt thereof, proceed as if it had been
issued by such Court and shall then return the summons to the Court of issue together with the record
(if any) of its proceedings with regard thereto.
3
[(3) Where the language of the summons sent for service in another State is different from the
language of the record referred to in sub-section (2), a translation of the record,—
(a) in Hindi, where the language of the Court issuing the summons is Hindi, or
(b) in Hindi or English where the language of such record is other than Hindi or English,
shall also be sent together with the record sent under that sub-section.]
4
[29. Service of foreign summonses.—Summonses and other processes issued by—
(a) any Civil or Revenue Court established in any part of India to which the provisions of this
Code do not extend, or
(b) any Civil or Revenue Court established or continued by the authority of the Central
Government outside India, or
(c) any other Civil or Revenue Court outside India to which the Central Government has, by
notification in the Official Gazette, declared the provisions of this section to apply,
may be sent to the Courts in the territories to which this Code extends, and served as if they were
summonses issued by such Courts.]
30. Power to order discovery and the like.—Subject to such conditions and limitations as may be
prescribed, the Court may, at any time, either of its own motion or on the application of any party,—
(a) make such orders as may be necessary or reasonable in all matters relating to the delivery and
answering of interrogatories, the admission of documents and facts, and the discovery, inspection,
production, impounding and return of documents or other material objects producible as evidence;
(b) issue summonses to persons whose attendance is required either to give evidence or to
produce documents or such other objects as aforesaid;
(c) order any fact to be proved by affidavit.
31. Summons to witness.—The provisions in sections 27, 28 and 29 shall apply to summonses to give
evidence or to produce documents or other material objects.
32. Penalty for default.—The Court may compel the attendance of any person to whom a summons
has been issued under section 30 and for that purpose may—
(a) issue a warrant for his arrest;
(b) attach and sell his property;

1. S. 26 renumbered as sub-section (1) by Act 46 of 1999, s. 2 (w.e.f. 1-7-2002).
2. Ins by s. 3, ibid. (w.e.f. 1-2-2002).
3. Ins. by Act 104 of 1976, s. 12 (w.e.f. 1-5-1977).
4. Subs. by Act 2 of 1951, s. 6, for s. 29.
*. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Schedule (w.e.f. 23-10-2015).
18
(c) impose a fine upon him 1
[not exceeding five thousand rupees];
(d) order him to furnish security for his appearance and in default commit him to the civil prison.
JUDGMENT AND DECREE
33. Judgment and decree.—The Court, after the case has been heard, shall pronounce judgment, and on
such judgment a decree shall follow.
INTEREST
34. Interest.— (1) Where and in so far as a decree is for the payment of money, the Court may, in the decree,
order interest at such rate as the Court deems reasonable to be paid on the principal sum adjudged, from the date of
the suit to the date of the decree, in addition to any interest adjudged on such principal sum for any period prior to
the institution of the suit, 2
[with further interest at such rate not exceeding six per cent. per annum as the Court
deems reasonable on such principal sum], from the date of the decree to the date of payment, or to such earlier date
as the Court thinks fit :
3
[Provided that where the liability in relation to the sum so adjudged had arisen out of a commercial
transaction, the rate of such further interest may exceed six per cent. per annum, but shall not exceed the
contractual rate of interest or where there is no contractual rate, the rate at which moneys are lent or advanced
by nationalised banks in relation to commercial transactions.
Explanation I.—In this Sub-section, ―nationalised bank‖ means a corresponding new bank as defined in
the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970).
Explanation II.—For the purposes of this section, a transaction is a commercial transaction, if it is
connected with the industry, trade or business of the party incurring the liability.]
(2) Where such a decree is silent with respect to the payment of further interest 2
[on such principal sum]
from the date of the decree to the date of payment or other earlier date, the Court shall be deemed to have
refused such interest, and a separate suit therefor shall not lie.
COSTS
35. Costs.—(1) Subject to such conditions and limitations as may be prescribed, and to the provisions of any
law for the time being in force, the costs of and incident to all suits shall be in the discretion of the Court, and the
Court shall have full power to determine by whom or out of what property and to what extent such costs are to be
paid, and to give all necessary directions for the purposes aforesaid. The fact that the Court has no jurisdiction to
try the suit shall be no bar to the exercise of such powers.
(2) Where the Court directs that any costs shall not follow the event, the Court shall state its reasons in
writing.
4
* * * * *
*[35. Costs.— (1) In relation to any commercial dispute, the Court, notwithstanding anything contained in
any other law for the time being in force or Rule, has the discretion to determine:
(a) whether costs are payable by one party to another;
(b) the quantum of those costs; and
(c) when they are to be paid.
Explanation.—For the purpose of clause (a), the expression ―costs‖ shall mean reasonable costs
relating to—
(i) the fees and expenses of the witnesses incurred;
(ii) legal fees and expenses incurred;
(iii) any other expenses incurred in connection with the proceedings.
(2) If the Court decides to make an order for payment of costs, the general rule is that the unsuccessful
party shall be ordered to pay the costs of the successful party:

1. Subs. by Act 46 of 1999, s. 4, for certain words (w.e.f. 1-7-2002).
2. Subs. by Act 66 of 1956, s. 2, for certain words.
3. Ins. by Act 104 of 1976, s. 13 (w.e.f. 1-7-1977).
4. Sub-section (3) omitted by Act 66 of 1956, s. 3.
*. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Schedule (w.e.f. 23-10-2015).

19
Provided that the Court may make an order deviating from the general rule for reasons to be recorded in
writing.
Illustration
The Plaintiff, in his suit, seeks a money decree for breach of contract, and damages. The Court holds that the
Plaintiff is entitled to the money decree. However, it returns a finding that the claim for damages is frivolous and
vexatious.
In such circumstances the Court may impose costs on the Plaintiff, despite the Plaintiff being the successful
party, for having raised frivolous claims for damages.
(3) In making an order for the payment of costs, the Court shall have regard to the following circumstances,
including—
(a) the conduct of the parties;
(b) whether a party has succeeded on part of its case, even if that party has not been wholly successful;
(c) whether the party had made a frivolous counterclaim leading to delay in the disposal of the case;
(d) whether any reasonable offer to settle is made by a party and unreasonably refused by the other party;
and
(e) whether the party had made a frivolous claim and instituted a vexatious proceeding wasting the time of
the Court.
(4) The orders which the Court may make under this provision include an order that a party must pay––
(a) a proportion of another party‘s costs;
(b) a stated amount in respect of another party‘s costs;
(c) costs from or until a certain date;
(d) costs incurred before proceedings have begun;
(e) costs relating to particular steps taken in the proceedings;
(f) costs relating to a distinct part of the proceedings; and
(g) interest on costs from or until a certain date.]
1
[35A. Compensatory costs in respect of false or vexatious claims or defences.—(1) If in any suit
or other proceedings 2
[including an execution proceeding but 3
[excluding an appeal or a revision] any
party objects to the claim or defence on the ground that the claim or defence or any part of it is, as against
the objector, false or vexatious to the knowledge of the party by whom it has been put forward, and if
thereafter, as against the objector, such claim or defence is disallowed, abandoned or withdrawn in whole
or in part, the Court, 4
[if it so thinks fit], may, after recording its reasons for holding such claim or
defence to be false or vexatious, make an order for the payment to the object or by the party by whom
such claim or defence has been put forward, of cost by way of compensation.
*[(2) No Court shall make any such order for the payment of an amount exceeding 5
[three thousand
rupees] or exceeding the limits of its pecuniary jurisdiction, whichever amount is less:
Provided that where the pecuniary limits of the jurisdiction of any Court excercising the jurisdiction of a
Court of Small Causes under the Provincial Small Cause Courts Act, 1887 (9 of 1887), 6
[or under a
corresponding law in force in 7
[any part of India to which the said Act does not extend]] and not being a Court
constituted 8
[under such Act or law], are less than two hundred and fifty rupees, the High Court may empower
empower such Court to award as costs under this section any amount not exceeding two hundred and fifty
rupees and not exceeding those limits by more than one hundred rupees :
Provided, further, that the High Court may limit the amount which any Court or class of Courts is
empowered to award as costs under this section.]

1. S. 35A ins. by Act 9 of 1922, s. 2, which, under section 1(2) thereof may be brought into force in any State by the State
Government on any specified date. It has been so brought into force in Bombay, Bengal, U.P., Punjab, Bihar, C.P., Assam,
Orissa and Madras.
2. Subs. by Act 66 of 1956, s. 4, for ―not being an appeal‖.
3. Subs. by Act 104 of 1976, s. 14, for ―excluding an appeal‖ (w.e.f. 1-2-1977).
4. Subs. by Act 66 of 1956, s. 4, for certain words.
5. Subs. by Act 104 of 1976, s. 14, for ―one thousand rupees‖ (w.e.f. 1-2-1977).
6. Ins. by Act 2 of 1951, s. 7.
7. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for ―a Part B State‖.
8. Subs. by Act 2 of 1951, s. 7, for ―under that Act‖.
*. Shall not be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Schedule (w.e.f. 23-10-2015).
20
(3) No person against whom an order has been made under this section shall, by reason thereof, be
exempted from any criminal liability in respect of any claim or defence made by him.
(4) The amount of any compensation awarded under this section in respect of a false or vexatious
claim or defence shall be taken into account in any subsequent suit for damages or compensation in
respect of such claim or defence.]
1
[35B. Costs for causing delay.—(1) If, on any date fixed for the hearing of a suit or for taking any
step therein, a party to the suit—
(a) fails to take the step which he was required by or under this Code to take on that date, or
(b) obtains an adjournment for taking such step or for producing evidence or on any other ground,
the Court may, for reasons to be recorded, make an order requiring such party to pay to the other party
such costs as would, in the opinion of the Court, be reasonably sufficient to reimburse the other party in
respect of the expenses incurred by him in attending the Court on that date, and payment of such costs, on
the date next following the date of such order, shall be a condition precedent to the further prosecution
of—
(a) the suit by the plaintiff, where the plaintiff was ordered to pay such costs,
(b) the defence by the defendant, where the defendent was ordered to pay such costs.
Explanation.—Where separate defences have been raised by the defendant or groups of defendants,
payment of such costs shall be a condition precedent to the further prosecution of the defence by such
defendants or groups of defendants as have been ordered by the Court to pay such costs.
(2) The costs, ordered to be paid under sub-section (1), shall not, if paid, be included in the costs
awarded in the decree passed in the suit; but, if such costs are not paid, a separate order shall be drawn up
indicating the amount of such costs and the names and addresses of the persons by whom such costs are
payable and the order so drawn up shall be executable against such persons. ]
PART II
EXECUTION
GENERAL
2
[36. Application to orders.—The provisions of this Code relating to the execution of decrees
(including provisions relating to payment under a decree) shall, so far as they are applicable, be deemed
to apply to the execution of orders (including payment under an order).]
37. Definition of Court which passed a decree.—The expression ―Court which passed a decree,‖
or words to that effect, shall, in relation to the execution of decrees, unless there is anything repugnant in
the subject or context, be deemed to include,—
(a) where the decree to be executed has been passed in the exercise of appellate jurisdiction, the
Court of first instance, and
(b) where the Court of first instance has ceased to exist or to have jurisdiction to execute it, the
Court which, if the suit wherein the decree was passed was instituted at the time of making the
application for the execution of the decree, would have jurisdiction to try such suit.
3
[Explanation.—The Court of first instance does not cease to have jurisdiction to execute a decree
merely on the ground that after the institution of the suit wherein the decree was passed or after the passing
of the decree, any area has been transferred from the jurisdiction of that Court to the jurisdiction of any other
Court; but, in every such case, such other Court shall also have jurisdiction to execute the decree, if at the
time of making the application for execution of the decree it would have jurisdiction to try the said suit.]
COURTS BY WHICH DECREES MAY BE EXECUTED
38. Court by which decree may be executed.—A decree may be executed either by the Court which
passed it, or by the Court to which it is sent for execution.
39. Transfer of decree.—(1) The Court which passed a decree may, on the application of the decreeholder,
send it for execution to another Court 4
[of competent jurisdiction],—

1. Ins. by Act 104 of 1976, s. 15 (w.e.f. 1-2-1977).
2. Subs. by s. 16, ibid., for s. 36 (w.e.f. 1-2-1977).
3. Ins. by s. 17, ibid., (w.e.f. 1-2-1977).
4. Ins. by s. 18, ibid., (w.e.f. 1-2-1977).
21
(a) if the person against whom the decree is passed actually and voluntarily resides or carries on
business, or personally works for gain, within the local limits of the jurisdiction of such other Court, or
(b) if such person has not property within the local limits of the jurisdiction of the Court which
passed the decree sufficient to satisfy such decree and has property within the local limits of the
jurisdiction of such other Court, or
(c) if the decree directs the sale or delivery of immovable property situate outside the local limits
of the jurisdiction of the Court which passed it, or
(d) if the Court which passed the decree considers for any other reason, which it shall record in
writing, that the decree should be executed by such other Court.
(2) The Court which passed a decree may of its own motion send it for execution to any subordinate
Court of competent jurisdiction.
1
[(3) For the purposes of this section, a Court shall be deemed to be a Court of competent jurisdiction if, at
the time of making the application for the transfer of decree to it, such Court would have jurisdiction to try the
suit in which such decree was passed.]
2
[(4) Nothing in this section shall be deemed to authorise the Court which passed a decree to execute
such decree against any person or property outside the local limits of its jurisdiction.]
40. Transfer of decree to Court in another State.—Where a decree is sent for execution in another State, it
shall be sent to such Court and executed in such manner as may be prescribed by rules in force in that State.
41. Result of execution proceedings to be certified.—The Court to which a decree is sent for
execution shall certify to the Court which passed it the fact of such execution, or where the former Court
fails to execute the same the circumstances attending such failure.
42. Powers of Court in executing transferred decree. — 3
[(1)] The Court executing a decree sent to it shall
have the same powers in executing such decree as if it had been passed by itself. All persons is disobeying
or obstructing the execution of the decree shall be punishable by such Court in the same manner as if it had
passed the decree. And its order in executing such decree shall be subject to the same rules in respect of
appeal as if the decree had passed by itself.
4
[(2) Without prejudice to the generality of the provisions of sub-section (1), the powers of the Court
under that sub-section shall include the following powers of the Court which passed the decree, namely:—
(a) power to send the decree for execution to another Court under section 39;
(b) power to execute the decree against the legal representative of the deceased judgment-debtor
under section 50;
(c) power to order attachment of a decree.
(3) A Court passing an order in exercise of the powers specified in sub-section (2) shall send a copy
thereof to the Court which passed the decree.
(4) Nothing in this section shall be deemed to confer on the Court to which a decree is sent for
execution any of the following powers, namely:—
(a) power to order execution at the instance of the transferee of the decree ;
(b) in the case of a decree passed against a firm, power to grant leave to execute such decree
against any person, other than such a person as is referred to in clause (b), or clause (c), of
sub-rule (1) of rule 50 of Order XXI. ]
5
[43. Execution of decrees passed by Civil Courts in places to which this Code does not extend.—
Any decree passed by any Civil Court established in any part of India to which the provisions of this Code do
not extend, or by any Court established or continued by the authority of the Central Government outside India,
may, if it cannot be executed within the jurisdiction of the Court by which it was passed, be executed in the
manner herein provided within the jurisdiction of any Court in the territories to which this Code extends.]

1. Ins. by Act 104 of 1976, s. 18, (w.e.f. 1-2-1977).
2. Ins. by Act 22 of 2002, s. 2 (w.e.f. 1-7-2002).
3. S. 42 renumbered as sub-section (1) of that section by Act 104 of 1976, s. 19, (w.e.f. 1-2-1977).
4. Ins. by s. 19, ibid., (w.e.f. 1-2-1977).
5. Subs. by Act 2 of 1951, s. 8, for section 43.
22
1
[44. Execution of decrees passed by Revenue Courts in places to which this Code does not
extend.—The State Government may, by notification in the Official Gazette, declare that the decrees of
any Revenue Court in any part of India to which the provisions of this Code do not extend, or any class of
such decrees, may be executed in the State as if they had been passed by Courts in that State.]
2
[44A. Execution of decrees passed by Courts in reciprocating territory.—(1) Where a certified
copy of a decree of any of the superior Courts of 3
*** any reciprocating territory has been filed in a
District Court, the decree may be executed in 4
[India] as if it had been passed by the District Court.
(2) Together with the certified copy of the decree shall be filed a certificate from such superior Court
stating the extent, if any, to which the decree has been satisfied or adjusted and such certificate shall, for the
purposes of proceedings under this section, be conclusive proof of the extent of such satisfaction or
adjustment.
(3) The provisions of section 47 shall as from the filing of the certified copy of the decree apply to the
proceedings of a District Court executing a decree under this section, and the District Court shall refuse
execution of any such decree, if it is shown to the satisfaction of the Court that the decree falls within any
of the exceptions specified in clauses (a) to (f) of section 13.
5
[Explanation 1.— ―Reciprocating territory‖ means any country or territory outside India which the
Central Government may, by notification in the Official Gazette, declare to be a reciprocating territory for
the purposes of this section; and ―superior Courts‖, with reference to any such territory, means such
Courts as may be specified in the said notification.
Explanation 2.— ―Decree‖ with reference to a superior Court means any decree or judgment of such
Court under which a sum of money is payable, not being a sum payable in respect of taxes or other
charges of a like nature or in respect of a fine or other penalty, but shall in no case include an arbitration
award, even if such an award is enforceable as a decree or judgment.]]
6
[45. Execution of decrees outside India.—So much of the foregoing sections of this Part as
empowers a Court to send a decree for execution to another Court shall be construed as empowering a
Court in any State to send a decree for execution to any Court established 7
*** by the authority of the
Central Government 8
[outside India] to which the State Government has by notification in the Official
Gazette declared this section to apply.]
46. Precepts.—(1) Upon the application of the decree-holder the Court which passed the decree may.
whenever it thinks fit, issue a precept to any other Court which would be competent to execute such
decree to attach any property belonging to the judgment-debtor and specified in the precept.
(2) The Court to which a precept is sent shall proceed to attach the property in the manner prescribed
in regard to the attachment of property in execution of a decree:
Provided that no attachment under a precept shall continue for more than two months unless the
period of attachment is extended by an order of the Court which passed the decree or unless before the
determination of such attachment the decree has been transferred to the Court by which the attachment
has been made and the decree-holder has applied for an order for the sale of such property.
QUESTIONS TO BE DETERMINED BY COURT EXECUTING DECREE
47. Questions to be determined by the Court executing decree.—(1) All questions arising between
the parties to the suit in which the decree was passed, or their representatives, and relating to the
execution, discharge or satisfaction of the decree, shall be determined by the Court executing the decree
and not by a separate suit.

1. Subs. by Act 2 of 1951, s. 9, for s. 43.
2. Ins. by Act 8 of 1937, s. 2.
3. The words ―the United Kingdom or‖ omitted by Act 71 of 1952, s. 2.
4. Subs. by Act 2 of 1951, s. 3, for ―the States‖.
5. Subs. by Act 71 of 1952, s. 2, for Explanations 1 to 3.
6. Subs. by the A.O. 1937, for s. 45.
7. The words ―or continued‖ omitted by the A.O. 1948.
8. Subs. by the A.O. 1950, for ―in any Indian State‖.
23
1
* * * * *
(3) Where a question arises as to whether any person is or is not the representative of a party, such
question shall, for the purposes of this section, be determined by the Court.
2
[Explanation 1.—For the purposes of this section, a plaintiff whose suit has been dismissed and a
defendant against whom a suit has been dismissed are parties to the suit.
Explanation II—(a) For the purposes of this section, a purchaser of property at a sale in execution of a
decree shall be deemed to be a party to the suit in which the decree is passed; and
(b) all questions relating to the delivery of possession of such property to such purchaser or his
representative shall be deemed to be questions relating to the execution, discharge or satisfaction of the decree
within the meaning of this section.]
LIMIT OF TIME FOR EXECUTION
48. [Execution barred in certain cases.] Rep. by the Limitation Act, 1963 (36 of 1963), s. 28
(w.e.f. 1-1-1964).
TRANSFEREES AND LEGAL REPRESENTATIVES
49. Transferee.—Every transferee of a decree shall hold the same subject to the equities (if any) which
the judgment-debtor might have enforced against the original decree-holder.
50. Legal representative.—(1) Where a judgment-debtor dies before the decree has been fully satisfied,
the holder of the decree may apply to the Court which passed it to execute the same against the legal
representative of the deceased.
(2) Where the decree is executed against such legal representative, he shall be liable only to the extent of
the property of the deceased which has come to his hands and has not been duly disposed of; and, for the
purpose of ascertaining such liability, the Court executing the decree may, of its own motion or on the
application of the decree-holder, compel such legal representative to produce such accounts as it thinks
fit.
PROCEDURE IN EXECUTION
51. Powers of Court to enforce execution.—Subject to such conditions and limitations as may be
prescribed, the Court may, on the application of the decree-holder, order execution of the decree—
(a) by delivery of any property specifically decreed;
(b) by attachment and sale or by the sale without attachment of any property;
(c) by arrest and detention in prison 3
[for such period not exceeding the period specified in section 58,
58, where arrest and detention is permissible under that section];
(d) by appointing a receiver; or
(e) in such other manner as the nature of the relief granted may require :
4
[Provided that, where the decree is for the payment of money, execution by detention in prison shall not
be ordered unless, after giving the judgment-debtor an opportunity of showing cause why he should not be
committed to prison, the Court, for reasons recorded in writing, is satisfied—
(a) that the judgment-debtor, with the object or effect of obstructing or delaying the execution of the
decree,—
(i) is likely to abscond or leave the local limits of the jurisdiction of the Court, or
(ii) has, after the institution of the suit in which the decree was passed, dishonestly transferred,
concealed, or removed any part of his property, or committed any other act of bad faith in relation to
his property, or

1. Sub-section (2) omitted by Act 104 of 1976, s. 20 (w.e.f. 1-2-1977).
2. Subs. by s. 20, ibid, for the Explanation (w.e.f. 1-2-1977).
3. Ins. by s. 21, ibid. (w.e.f. 1-2-1977).
4. Ins. by Act 21 of 1936, s. 2.
24
(b) that the judgment-debtor has, or has had since the date of the decree. the means to pay the amount
of the decree or some substantial part thereof and refuses or neglects or has refused or neglected to pay the
same, or
(c) that the decree is for a sum for which the judgment-debtor was bound in a fiduciary capacity to
account.
Explanation. —In the calculation of the means of the judgment-debtor for the purposes of clause (b), there
shall be left out of account any property which, by or under any law or custom having the force of law for the
time being in force, is exempt from attachment in execution of the decree.]
52. Enforcement of decree against legal representative.—(1) Where a decree is passed against a party
as the legal representative of a deceased person, and the decree is for the payment of money out of the property
of the deceased, it may be executed by the attachment and sale of any such property.
(2) Where no such property remains in the possession of the judgment-debtor and he fails to satisfy the Court
that he has duly applied such property of the deceased as is proved to have come into his possession, the decree
may be executed against the judgment-debtor to the extent of the property in respect of which he has failed so to
satisfy the Court in the same manner as if the decree had been against him personally.
53. Liability of ancestral property.—For the purposes of section 50 and section 52, property in the hands
of a son or other descendant which is liable under Hindu law for the payment of the debt of a deceased
ancestor, in respect of which a decree has been passed, shall be deemed to be property of the deceased which
has come to the hands of the son or other descendant as his legal representative.
54. Partition of estate or separation of share.—Where the decree is for the partition of an undivided estate
assessed to the payment of revenue to the Government, or for the separate possession of a share of such an estate,
the partition of the estate or the separation of the share shall be made by the Collector or any gazetted subordinate
of the Collector deputed by him in this behalf, in accordance with the law (if any) for the time being in force
relating to the partition, or the separate possession of shares, of such estates.
ARREST AND DETENTION
55. Arrest and detention.—(1) A judgment-debtor may be arrested in execution of a decree at, any
hour and on any day, and shall, as soon as practicable, be brought before the Court, and his detention may
be in the civil prison of the district in which the Court ordering the detention is situate, or, where such
civil prison does not afford suitable accommodation, in any other place which the State Government may
appoint for the detention of persons ordered by the Courts of such district to be detained:
Provided, firstly that, for the purpose of making an arrest under this section, no dwelling-house shall be
entered after sunset and before sunrise:
Provided, secondly, that no outer door of a dwelling-house shall be broken open unless such dwellinghouse
is in the occupancy of the judgment-debtor and he refuses or in any way prevents access thereto, but
when the officer authorized to make the arrest has duly gained access to any dwelling-house, he may break
open the door of any room in which he has reason to believe the judgment-debtor is to be found:
Provided, thirdly that, if the room is in the actual occupancy of a woman who is not the judgment-debtor
and who according to the customs of the country does not appear in public, the officer authorized to make the
arrest shall give notice to her that she is at liberty to withdraw, and, after allowing a reasonable time for her to
withdraw and giving her reasonable facility for withdrawing, may enter the room for the purpose of making
the arrest:
Provided, fourthly, that, where the decree in execution of which a judgment-debtor is arrested, is a
decree for the payment of money and the judgment-debtor pays the amount of the decree and the costs of
the arrest to the officer arresting him, such officer shall at once release him.
(2) The State Government may, by notification in the Official Gazette, declare that any person or class of
persons whose arrest might be attended with danger or inconvenience to the public shall not be liable to arrest
in execution of a decree otherwise than in accordance with such procedure as may be prescribed by the State
Government in this behalf.
25
(3) Where a judgment-debtor is arrested in execution of a decree for the payment of money and brought
before the Court, the Court shall inform him that he may apply to be declared an insolvent, and that he 1
[may
be discharged] if he has not committed any act of bad faith regarding the subject of the application and if he
complies with the provisions of the law of insolvency for the time being in force.
(4) Where a judgment-debtor expresses his intention to apply to be declared an insolvent and furnishes
security, to the satisfaction of the Court, that he will within one month so apply, and that he will appear,
when called upon, in any proceeding upon the application or upon the decree in execution of which he was
arrested, the Court 2
[may release] him from arrest, and, if he fails so to apply and to appear, the Court may
either direct the security to be realized or commit him to the civil prison in execution of the decree.
56. Prohibition of arrest or detention of women in execution of decree for money.—Notwithstanding
anything in this Part, the Court shall not order the arrest or detention in the civil prison of a woman in
execution of a decree for the payment of money.
57. Subsistence-allowance.—The State Government may fix scales, graduated according to rank,
race and nationality, of monthly allowances payable for the subsistence of judgment-debtors.
58. Detention and release.—(1) Every person detained in the civil prison in execution of a decree
shall be so detained,—
(a) where the decree is for the payment of a sum of money exceeding 3
[
4
[five thousand rupees],
for a period not exceeding three months, and,]
5
[(b) where the decree is for the payment of a sum of money exceeding two thousand rupees,
but not exceeding five thousand rupees, for a period not exceeding six weeks.]
6
(1A) For the removal of doubts, it is hereby declared that no order for detention of the judgmentdebtor
in civil prison in execution of a decree for the payment of money shall be made, where the total
amount of the decree does not exceed 7
[two thousand rupees.]
(2) A judgment-debtor released from detention under this section shall not merely by reason of his
release be discharged from his debt, but he shall not be liable to be re-arrested under the decree in
execution of which he was detained in the civil prison.
59. Release on ground of illness.—(1) At any time after a warrant for the arrest of a judgment-debtor
has been issued the Court may cancel it on the ground of his serious illness.
(2) Where a judgment-debtor has been arrested, the Court may release him if, in its opinion, he is not
in a fit state of health to be detained in the civil prison.
(3) Where a judgment-debtor has been committed to the civil prison, he may be released therefrom—
(a) by the State Government, on the ground of the existence of any infectious or contagious
disease, or
(b) by the committing Court, or any Court to which that Court is subordinate, on the ground of his
suffering from any serious illness.
(4) A judgment-debtor released under this section may be re-arrested, but the period of his detention
in civil prison shall not in the aggregate exceed that prescribed by section 58.
ATTACHMENT
8
60. Property liable to attachment and sale in execution of decree.—(1) The following property is
liable to attachment and sale in execution of a decree, namely, lands, houses or other buildings, goods,
money, bank-notes, cheques, bills of exchange, hundis, promissory notes, Government securities, bonds or

1. Subs. by Act 3 of 1921, s. 2, for ―will be discharged‖.
2. Subs. by s. 2, ibid., for ―shall release‖.
3. Subs. by Act 104 of 1976, s. 22, for certain words (w.e.f. 1-2-1977).
4. Subs. by Act 46 of 1999, s. 5, ―one thousand rupees‖ (w.e.f. 1-7-2002).
5. Subs. by s. 5, ibid., by clause (b) (w.e.f. 1-7-2002).
6. Ins. by Act 104 of 1976, s. 22 (w.e.f. 1-2-1977).
7. Subs. by Act 46 of 1999, s. 5, for ―five hundred rupees‖ (w.e.f. 1-7-2002).
8. For amendments to s. 60, in its application to East Punjab, see the Punjab Relief of Indebtedness Act, 1934 (Pun. Act 7 of
1934), s. 35, as amended by Pun. Acts 12 of 1940 and 6 of 1942.
26
other securities for money, debts, shares in a corporation and, save as hereinafter mentioned, all other
saleable property, movable or immovable, belonging to the judgment-debtor, or over which, or the profits
of which, he has a disposing power which he may exercise for his own benefit, whether the same be held
in the name of the judgment-debtor or by another person in trust for him or on his behalf:
Provided that the following particulars shall not be liable to such attachment or sale, namely:—
(a) the necessary wearing-apparel, cooking vessels, beds and bedding of the judgment-debtor, his
wife and children, and such personal ornaments as, in accordance with religious usage, cannot be
parted with by any woman;
(b) tools of artisans, and, where the judgment-debtor is an agriculturist, his implements of
husbandry and such cattle and seed-grain as may, in the opinion of the Court, be necessary to enable
him to earn his livelihood as such, and such portion of agricultural produce or of any class of
agricultural produce as may have been declared to be free from liability under the provisions of the
next following section;
(c) houses and other buildings (with the materials and the sites thereof and the land immediately
appurtenant thereto and necessary for their enjoyment) belonging to 1
[an agriculturist or a labourer of
a domestic servant] and occupied by him ;
(d) books of account ;
(e) a mere right to sue for damages ;
(f) any right of personal service ;
(g) stipends and gratuities allowed to pensioners of the Government 2
[or of a local authority or of
any other employer], or payable out of any service family pension fund 3
notified in the Official
Gazette by 4
[the Central Government or the State Government] in this behalf, and political pensions;
5
[(h) the wages of labourers and domestic servants, whether payable in money or in kind;
6
***
7
[(i) salary to the extent of 8
[the first 9
[one thousand rupees] and two third of the remainder] 10[in
execution of any decree other than a decree for maintenance]:
11[Provided that where any part of such portion of the salary as is liable to attachment has been under
attachment, whether continuously or intermittently, for a total period of twenty-four months, such portion
shall be exempt from attachment until the expiry of a further period of twelve months, and, where such
attachment has been made in execution of one and the same decree, shall, after the attachment has
continued for a total period of twenty-four months, be finally exempt from attachment in execution of that
deeree.]]
10[(ia) one-third of the salary in execution of any decree for maintenance;]
12[(j) the pay and allowances of persons to whom the Air Force Act, 1950 (45 of 1950) or the Army
Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957), applies;]
(k) all compulsory deposits and other sums in or derived from any fund to which the Provident Funds Act,
13[1925], (19 of 1925), for the time being applies in so far as they are declared by the said Act not to be liable to
attachment;
2
[(ka) all deposits and other sums in or derived from any fund to which the Public Provident Fund Act,
1968 (23 of 1968), for the time being applies, in so far as they are declared by the said Act as not to be liable to
attachment;

1. Subs. by Act 104 of 1976, s. 23, for ―an agriculturist‖ (w.e.f. 1-2-1977)
2. Ins. by s. 23, ibid., (w.e.f. 1-2-1977).
3. For such a notification, see Gazette of India, 1909, Pt I, p. 5.
4. Such by the A.O. 1937, for ―the G.G. in C.‖
5. Subs. by Act 9 of 1937, s. 2, for cls. (h) and (i). The amendments made by that section have no effect in respect of any proceedings
arising out of a suit instituted before 1st June, 1937, see ibid., s. 3.
6. The words ―and salary, to the extent of the first hundred rupees and one-half the remainder of such salary‖ omitted by Act 5 of 1943,
s. 2.
7. Subs. by s. 2, ibid., for clause (i) and the proviso.
8. Subs. by Act 26 of 1963, s. 2, for ―the first hundred rupees‖.
9. Subs. by Act 46 of 1999, s. 6, for ―four hundred rupees‖ (w.e.f. 1-7-2002).
10. Ins. by Act 66 of 1956, s. 6.
11. Subs. by Act 104 of 1976, s. 23, for the proviso (w.e.f. 1-2-1977).
12. Subs. by s. 23, ibid., for clause (j) (w.e.f. 1-2-1977).
13. Subs. by Act 9 of 1937, s. 2, for ―1897‖.
27
(kb) all moneys payable under a policy of insurance on the life of the judgment debtor;
(kc) the interest of a lessee of a residential building to which the provisions of law for the time being
in force relating to control of rents and accommodation apply;]
1
[(1) any allowance forming part of the emoluments of any 2
[servant of the 3
[Government]] or of any
servant of a railway company or local authority which the 4
[appropriate Government] may by notification in the
the Official Gazette declare to be exempt from attachment, and any subsistence grant or allowance made to
5
[any such servant] while under suspension;]
(m) an expectancy of succession by survivorship or other merely contingent or possible right or interest;
(n) a right to future maintenance;
(o) any allowance declared by
6
[any Indian law] to be exempt from liability to attachment or sale in execution
of a decree, and
(p) where the judgment-debtor is a person liable for the payment of land-revenue, any movable property
which, under any law for the time being applicable to him, is exempt from .sale for the recovery of an arrear of
such revenue.
7
[Explanation 1. —The moneys payable in relation to the matters mentioned in clauses (g), (h), (i), (ia), (j), (l) and
(o) are exempt from attachment or sale, whether before or after they are actually payable, and, in the case of salary,
the attachable portion thereof is liable to attachment whether before or after it is actually payable.]
8
[
9
[Explanation II. —In clauses (i) and (ia)], ―salary‖ means the total monthly emoluments, excluding any
allowance declared exempt from attachment under the provisions of clause (1), derived by a person from his
employment whether on duty or on leave.]
10[Explanation 11[III].—In clause (1) ―appropriate Government‖ means—
(i) as respects any 12[person] in the service of the Central Government, or any servant of 13[a Railway
Administration] or of a cantonment authority or of the port authority of a major port, the Central Government;
14* * * * *
(iii) as respects any other 2
[servant of the 3
[Government]] or a servant of any other 15*** local authority, the
State Government.]
16[Explanation IV—For the purposes of this proviso, ―wages‖ includes bonus, and ―labourer‖ includes a skilled
unskilled or semi-skilled labourer.
Explanation V—For the purposes of this proviso, the expression ―agriculturist‖ means a person who cultivates
land personally and who depends for his livelihood mainly on the income from agricultural land, whether as owner,
tenant, partner or agricultural labourer.
Explanation VI—For the purposes of Explanation V an agriculturist shall be deemded to cultivate land
personally, if he cultivates land—
(a) by his own labour, or
(b) by the labour of any member of his family, or
(c) by servants or labourers on wages payable in cash or in kind (not being as a share of the produce), or
both.]
16[(IA) Notwithstanding anything contained in any other law for the time being in force, an agreement by which
a person agrees to waive the benefit of any exemption under this section shall be void.]

1. Subs. by Act 9 of 1937, s. 2, for the original clause (l), see also footnote 3.
2. Subs. by Act 5 of 1943, s. 2, for ―public officer‖.
3. Subs. by the A.O. 1950 for ―crown‖.
4. Subs. by the A.O. 1937, for ―G.G. in C‖.
5. Subs. by Act 5 of 1943, s. 2, ―any such officer or servant‖.
6. Subs. by the A.O. 1937, for ―any law passed under the Indian Councils Act 1861 and 1892‖.
7. Subs. by Act 104 of 1976, s. 23 for Explanation I (w.e.f. 1-2-1977).
8. Added by Act 9 of 1937, s. 2, The amendments made by that section shall not effect in respect of any proceeding arising out of any
suit instituted before 1st June, 1937, see ibid., s. 3.
9. Subs. by Act 104 of 1976, s. 23, ―Explanation 2. —in clauses (h) and (i)‖ (w.e.f. 1-2- 1977).
10. Ins. by the A.O. 1937.
11. Subs. by Act 104 of 1976, s. 23, for ―3‖ (w.e.f. 1-2-1977).
12. Subs. by Act 5 of 1943, s. 2, for ―Public officer‖.
13. Subs. by the Act A.O. 1950, for ―a Federal Railway‖.
14. Clause (ii) omitted by the A.O. 1948.
15. The words ―railway or‖ omitted by the A.O. 1950.
16. Ins. by Act 104 of 1976, s. 23 (w.e.f. 1-2-1977).
28
(2) Nothing in this section shall be deemed 1
*** to exempt houses and other buildings (with the materials
and the sites thereof and the lands immediately appurtenant thereto and necessary for their enjoyment) from
attachment or sale in execution of decrees for rent of any such house, building, site or land 1
***
1
* * * * *
61. Partial exemption of agricultural produce.—The State Government 2
*** may, by general or
special order published in the Official Gazette, declare that such portion of agricultural produce, or of any
class of agricultural produce, as may appear to the State Government to be necessary for the purpose of
providing until the next harvest for the due cultivation of the land and for the support of the judgmentdebtor
and his family, shall, in the case of all agriculturists or of any class of agriculturists, be exempted
from liability to attachment or sale in execution of a decree.
62. Seizure of property in dwelling-house.—(I) No person executing any process under this Code
directing or authorizing seizure of movable property shall enter any dwelling-house after sunset and
before sunrise.
(2) No outer door of a dwelling-house shall be broken open unless such dwelling-house is in the
occupancy of the judgment-debtor and he refuses or in any way prevents access thereto, but when the
person executing any such process has duly gained access to any dwelling-house, he may break open the
door of any room in which he has reason to believe any such property to be.
(3) Where a room in a dwelling-house is in the actual occupancy of a woman who, according to the
customs of the country, does not appear in public, the person executing the process shall give notice to such
woman that she is at liberty to withdraw; and, after allowing reasonable time for her to withdraw and giving
her reasonable facility for withdrawing, he may enter such room for the purpose of seizing the property, using
at the same time every precaution, consistent with these provisions, to prevent its clandestine removal.
63. Property attached in execution of decrees of several Courts.—(1) Where property not in the
custody of any Court is under attachment in execution of decrees of more Courts than one, the Court which
shall receive or realize such property and shall determine any claim thereto and any objection to the
attachment thereof shall be the Court of highest grade, or, where there is no difference in grade between such
Courts, the Court under whose decree the property was first attached.
(2) Nothing in this section shall be deemed to invalidate any proceeding taken by a Court executing
one of such decrees.
3
[Explanation.—For the purposes of sub-section (2), ―proceeding taken by a Court‖ does not include
an order allowing, to a decree-holder who has purchased property at a sale held in execution of a decree,
set off to the extent of the purchase price payable by him.]
64. Private alienation of property after attachment to be void. —4
[(1)] Where an attachment has
been made, any private transfer or delivery of the property attached or of any interest therein and any
payment to the judgment-debtor of any debt, dividend or other moines contrary to such attachment, shall
be void as against all claims enforceable under the attachment.
5
[(2) Nothing in this section shall apply to any private transfer or delivery of the property attached or of
of any interest therein, made in pursuance of any contract for such transfer or delivery entered into and
registered before the attachment.]
Explanation. —For the purpose of this section, claims enforceable under an attachment include
claims for the rateable distribution of assets.
S A L E
65. Purchaser’s title.—Where immovable property is sold in execution of a decree and such sale has
become absolute, the property shall be deemed to have vested in the purchaser from the time when the
property is sold and not from the time when the sale becomes absolute.
6
* * * * *

1. The brackets and letter ―(a)‖, the word ―or‖ and clause (b) rep. by Act 10 of 1914, s. 3 and the Second Sch.
2. The words ―with the previous sanction of the G.G. in C.‖ omitted by Act 38 of 1920, s. 2 and the First Sch. Pt 1.
3. The Explanation ins. by Act 104 of 1976, s. 24 (w.e.f. 1-2-1977).
4. S. 64 renumbered as sub-section (1) by Act 22 of 2002, s. 3 (w.e.f. 1-7-2002).
5. Ins. by s. 3, ibid. (w.e.f. 1-7-2002).
6. S. 66 rep. by Act 45 of 1988. s. 7 (w.e.f. 19-5-1988).
29
67. Power for State Government to make rules as to sales of land in execution of decrees for payment of
money. — 1
[(1)] The State Government 2
*** may, by notification in the Official Gazette, make rules for any local area
imposing conditions in respect of the sale of any class of interests in land in execution of decrees for the paymant of
money, where such interest are so uncertain or undetermined as, in the opinion of the State Government, to make it
impossible to fix their value.
3
[(2) When on the date on which this Code came into operation in any local area, any special rules as to sale of
and in execution of decrees were in force therein, the State Government may, by notification in the Official Gazette
declare such rules to be in force, or may 2
*** by a like notification, modify the same.
Every notification issued in the exercise of the powers conferred by this sub-section shall set out the rules so
continued or modified.]
4
[(3) Every rule made under this section shall be laid, as soon as may be after it is made, before the State
Legislature.]
DELEGATION TO COLLECTOR OF POWER TO EXECUTE DECREES AGAINST IMMOVABLE PROPERTY
68—72. Rep. by the Code of Civil Procedure (Amendment) Act, 1956 (66 of 1956), s. 7.
DISTRIBUTION OF ASSETS
73. Proceeds of executionsale to be rateably distributed among decree-holders.—(1) Where assets are held
by a Court and more persons than one have, before the receipt of such assets, made application to the Court for the
execution of decrees for the payment of money passed against the same judgment-debtor and have not obtained
satisfaction thereof, the assets, after deducting the costs of realization, shall be rateably distributed among all such
persons :
Provided as follows :—
(a) where any property is sold subject to a mortgage or charge, the mortgage or incumbrancer shall not be
entitled to share in any surplus arising from such sale;
(b) where any property liable to be sold in execution of a decree is subject to a mortgage or charge, the Court
may, with the consent of the mortgagee or incumbrancer, order that the property be sold free from the mortgage or
charge, giving to the mortgagee or incumbrancer the same interest in the proceeds of the sale as he had in the
property sold;
(c) where any immovable property is sold in execution of a decree ordering its sale for the discharge of an
incumbrance thereon, the proceeds of sale shall be applied—
First, in defraying the expenses of the sale;
Secondly, in descharging the amount due under the decree;
thirdly, in discharging the interest and principal monies due on subsequent incumbrances (if any); and
fourthly, rateably among the holders of decrees for the payment of money against the judgement-debtor, who
have, prior to the sale of the property, applied to the Court which passed the decree ordering such sale for execution
of such decrees, and have no obtained satisfaction thereof.
(2) Where all or any of the assets liable to be rateably distributed under this section are paid to a person
not entitled to receive the same, any person so entitled may sue such person to compel him to refund th e assets.
(3) Nothing in this section affects any right of the Government.
RESISTANCE TO EXECUTION
74. Resistance to execution.— Where the Court is satisfied that the holder of a decree for the possession of
immovable property or that the purchaser of immovable property sold in execution of a decree has been resisted or
obstructed in obtaining possession of the property by the judgment-debtor or some person on his behalf and that
such resistance or obstruction was without any just cause, the Court may, at the instance of the decree-holder or
purchaser, order the judgment-debtor or such other person to be detained in the civil prison for a term which may
extend to thirty days and may further direct that the decree-holder or purchaser be put into possession of the
property.
PART III
INCIDENTAL PROCEEDINGS
COMMISSIONS
75. Power of Court to issue commissions.—Subject to such conditions and limitations as may be prescribed,
the Court may issue a commission—
(a) to examine any person;
(b) to make a local investigation;
(c) to examine or adjust accounts; or
(d) to make a partition;

1. S. 67 renumbered as sub-section (1) by Act 1 of 1914, s. 3.
2. The words ―with the previous sanction of the G.G. in C.‖ omitted by Act 38 of 1920, s. 2 and Sch., Pt. 1.
3. Added by Act 1 of 1914, s. 3.
4. Ins. by Act 20 of 1983, s. 2 and the Sch. (w.e.f. 15-3-1984).
30
1
[(e) to hold a scientific, technical, or expert investigation;
(f) to conduct sale of property which is subject to speedy and natural decay and which is in
the custody of the Court pending the determination of the suit;
(g) to perform any ministerial act.]
76. Commission to another Court.—(1) A commission for the examination of any person may be
issued to any Court (not being a High Court) situate in a State other than the State in which the Court of
issue is situate and having jurisdiction in the place in which the person to be examined resides.
(2) Every Court receiving a commission for the examination of any person under sub-section (1) shall
examine him or cause him to be examined pursuant thereto, and the commission, when it has been duly
executed, shall be returned together with the evidence taken under it to the Court from which it was
issued, unless the order for issuing the commission has otherwise directed, in which case the commission
shall be returned in terms of such order.
77. Letter of request.—In lieu of issuing a commission the Court may issue a letter of request to
examine a witness residing at any place not within 2
[India]
3
[78. Commissions issued by foreign Courts.—Subject to such conditions and limitations as may be
prescribed the provisions as to the execution and return of commissions for the examination of witnesses
shall apply to commissions issued by or at the instance of—
(a) Courts situate in any part of India to which the provisions of this Code do not extend; or
(b) Courts established or continued by the authority of the Central Government outside India; or
(c) Courts of any State or country outside India.]
PART IV
SUITS IN PARTICULAR CASES
SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY
4
[79. Suits by or against Government.—In a suit by or against the Government, the authority to be
named as plaintiff or defendant, as the case may be, shall be—
(a) in the case of a suit by or against the Central Government, 5
[the Union of India], and
(b) in the case of a suit by or against a State Government, the State.]
80. Notice.— 6
[(1)] 7
[ Save as otherwise provided in sub-section (2), no suits 8
[shall be instituted]
against the Government (including the Government of the State of Jammu and Kashmir)] or against a
public officer in respect of any act purporting to be done by such public officer in his official capacity,
until the expiration of two months next after notice in writing has been 9
[delivered to, or left at the office
of—]
(a) in the case of a suit against the Central Government, 10[except where it relates to a railway] a
Secretary to that Government;

1. Ins. by Act 104 of 1976, s. 26 (w.e.f. 1-2-1977).
2. Subs. by Act 2 of 1951, s. 3, for ―the States‖.
3. Subs. by s. 11, ibid., for s. 78.
4. Subs by the A.O. 1948, for s. 79.
5. Subs. by the A.O. 1950, for ―the Dominion of India‖.
6. S. 80 renumbered as sub-section (1) by Act 104 of 1976, s. 27 (w.e.f. 1-2-1977).
7. Subs. by s. 27, ibid., for ―No suit shall be instituted‖ (w.e.f. 1-2-1977).
8. Subs. by Act 26 of 1963, s. 3 for ―shall be instituted against the Government‖ (w.e.f. 5-6-1964). The words in italics were
subs. by the A.O. 1948, for ―Instituted against the Crown‖
9. Subs. by the A.O. 1937, for ―in the case of the Secretary of State in Council, delivered to, or left at the office of a Secretary to
the L.G. or the Collector of the District‖.
10. Ins. by Act 6 of 1948, s. 2.
31
1
[(b)] in the case of a suit against the Central Government where it relates to railway, the General
Manager of that railway;
2
[(bb) in the case of a suit against the Government of the State of Jammu and Kashmir, the Chief
Secretary to that Government or any other officer authorized by that Government in this behalf;]
(c) in the case of a suit against 3
[any other State Government], a Secretary to that Government or
the Collector of the district; 4
***
5
* * * * *
and, in the case of a public officer, delivered to him or left at his office, stating the cause of action, the
name, description and place of residence of the plaintiff and the relief which he claims; and the plaint
shall contain a statement that such notice has been so delivered or left.
6
[(2) A suit to obtain an urgent or immediate relief against the Government (including the
Government of the State of Jammu and Kashmir) or any public officer in respect of any act purporting to
be done by such public officer in his official capacity, may be instituted, with the leave of the Court,
without serving any notice as required by sub-section (I); but the Court shall not grant relief in the suit,
whether interim or otherwise, except after giving to the Government or public officer, as the case may be ,
a reasonable opportunity of showing cause in respect of the relief prayed for in the suit:
Provided that the Court shall, if it is satisfied, after hearing the parties, that no urgent or immediate
relief need be granted in the suit, return the plaint for presentation to it after complying with the
requirements of sub-section (1).
(3) No suit instituted against the Government or against a public officer in respect of any act
purporting to be done by such public officer in his official capacity shall be dismissed merely by reason
of any error or defect in the notice referred to in sub-section (I), if in such notice—
(a) the name, description and the residence of the plaintiff had been so given as to enable the
appropriate authority or the public officer to identify the person serving the notice and such notice
had been delivered or left at the office of the appropriate authority specified in sub-section (1), and
(b) the cause of action and the relief claimed by the plaintiff had been substantially indicated.]
81. Exemption from arrest and personal appearance.—In a suit instituted against a public officer
in respect of any act purporting to be done by him in his official capacity—
(a) the defendant shall not be liable to arrest nor his property to attachment otherwise than in
execution of a decree, and,
(b) where the Court is satisfied that the defendant cannot absent himself from his duty without
detriment to the public service, it shall exempt him from appearing in person..
82. Execution of decree.—7
[(I) Where, in a suit by or against the Government or by or against a
public officer in respect of any act purporting to be done by him in his official capacity, a decree is passed
against the Union of India or a State or, as the case may be, the public officer, such decree shall not be
executed except in accordance with the provisions of sub-section (2).]

1. Clause (aa) ins. by Act 6 of 1948, s. 2 and relattered as clause (b) and the Former clause (b) omitted by the A.O. 1948.
2. Ins. by Act 26 of 1963, s. 3 (w.e.f. 5-6-1964).
3. Subs. by s. 3, ibid., for ―a State Government‖ (w.e.f. 5-6-1964).
4. The word ―and‖ omitted by the A.O. 1948.
5. Cl. (d) omitted, ibid.
6. Ins. by Act 104 of 1976, s. 27 (w.e.f. 1-2-1977).
7. Subs. by s. 28, ibid., for sub-section (1) (w.e.f. 1-2-1977).
32
(2) Execution shall not be issued on any such decree unless it remains unsatisfied for the period of
three months computed from the date of 1
[such decree].
2
[(3) The provisions of sub-sections (1) and (2) shall apply in relation to an order or award as they
apply in relation to a decree, if the order or award—
(a) is passed or made against 3
[the Union of India] or a State or a public officer in respect of any
such act as aforesaid, whether by a Court or by any other authority; and
(b) is capable of being executed under the provisions of this Code or of any other law for the time
being in force as if it were a decree.]
4
[SUITS BY ALIENS AND BY OR AGAINST FOREIGN RULERS, AMBASSADORS AND ENVOYS]
83. When aliens may sue.—Alien enemies residing in India with the permission of the Central
Government, and alien friends, may sue in any Court otherwise competent to try the suit, as if they were
citizens of India, but alien enemies residing in India without such permission, or residing in a foreign country,
shall not sue in any such Court.
Explanation. —Every person residing in a foreign country, the Government of which is at war with India
and carrying on business in that country without a licence in that behalf granted by the Central Government,
shall, for the purpose of this section, be deemed to be an alien enemy residing in a foreign country.
84. When foreign States may sue.—A foreign State may sue in any competent Court :
Provided that the object of the suit is to enforce a private right vested in the Ruler of such State or in
any officer of such State in his public capacity.
85. Persons specially appointed by Government to prosecute or defend on behalf of foreign
Rulers.—(1) The Central Government may, at the request of the Ruler of a foreign State or at the request of
any person competent in the opinion of the Central Government to act on behalf of such Ruler, by order,
appoint any persons to prosecute or defend any suit on behalf of such Ruler, and any persons so appointed
shall be deemed to be the recognized agents by whom appearances, acts and applications under this Code
may be made or done on behalf of such Ruler.
(2) An appointment under this section may be made for the purpose of a specified suit or of several
specified suits, or for the purpose of all such suits as it may from time to time be necessary to prosecute or
defend on behalf of such Ruler.
(3) A person appointed under this section may authorise or appoint any other persons to make
appearances and applications and do acts in any such suit or suits as if he were himself a party thereto.
86. Suits against foreign Rulers, Ambassadors and Envoys.—(I) No. 5
*** foreign State may be
sued in any Court otherwise competent to try the suit except with the consent of the Central Government
certified in writing by a Secretary to that Government :
Provided that a person may, as a tenant of immovable property, sue without such consent as aforesaid
6
[a foreign State] from whom he holds or claims to hold the property.
(2) Such consent may be given with respect to a specified suit or to several specified suits or with
respect to all suits of any specified class or classes, and may specify, in the case of any suit or class of
suits, the Court in which 7
[the foreign State] may be sued, but it shall not be given, unless it appears to the
the Central Government that 7
[the foreign State]—
(a) has instituted a suit in the Court against the person desiring to sue 8
[it], or

1. Subs. by Act 104 of 1976, s. 28, for ―such report‖ (w.e.f. 1-2-1977).
2. Ins. by Act 32 of 1949, s. 2.
3. Subs. by the A.O. 1950, for ―the Dominion of India‖.
4. Subs. by Act 2 of 1951, s. 12, for the former heading and ss. 83 to 87.
5. The words ―Ruler of a‖ omitted by Act 104 of 1976, s. 29 (w.e.f. 1-2-1977).
6. Subs. by s. 29, ibid., for ―a Ruler‖ (w.e.f. 1-2-1977).
7. Subs. by s. 29, ibid., for ―the Ruler (w.e.f. 1-2-1977).
8. Subs. by s. 29, ibid., for ―him‖ (w.e.f. 1-2-1977).
33
(b) by 1
[itself] or another, trades within the local limits of the jurisdiction of the Court, or
(c) is in possession of immovable property situate within those limits and is to be sued with reference to
such property or for money charged thereon, or
(d) has expressly or impliedly waived the privilege accorded to 2
[it] by this section.
3
[(3) Except with the consent of the Central Government, certified in writing by a Secretary to that
Government, no decree shall be executed against the property of any foreign State.]
(4) The preceding provisions of this section shall apply in relation to—
4
[(a) any ruler of a foreign State;]
5
[(aa)] any Ambassador or Envoy of a foreign State;
(b) any High Commissioner of a Commonwealth country; and
(c) any such member of the staff 6
[of the foreign State or the staff or retinue of the Ambassador] or
Envoy of a foreign State or of the High Commissioner of a Commonwealth country as the Central Government
may, by general or special order, specify in this behalf,
6
[as they apply in relation to a foreign State].
7
[(5) The following persons shall not be arrested under this Code. namely: —
(a) any Ruler of a foreign State;
(b) any Ambassador or Envoy of a foreign State;
(c) any High Commissioner of a Commonwealth country ;
(d) any such member of the staff of the foreign State or the staff or retinue of the Ruler, Ambassador
or Envoy of a foreign State or of the High Commissioner of a Commonwealth country, as the Central
Government may, by general or special order, specify in this behalf.
(6) Where a request is made to the Central Government for the grant of any consent referred to in subsection
(1), the Central Government shall, before refusing to accede to the request in whole or in part, give to
the person making the request a reasonable opportunity of being heard.]
87. Style of foreign Rulers as parties to suits.—The Ruler of a foreign State may sue, and shall be sued,
in the name of his State:
Provided that in giving the consent referred to in section 86, the Central Government may direct that the
Ruler may be sued in the name of an agent or in any other name.
87A. Definitions of ―Foreign State‖ and ―Rulers‖— (1) In this Part,—
(a) ―foreign State‖ means any State outside India which has been recognised by the Central
Government; and
(b) ―Ruler‖, in relation to a foreign State, means the person who is for the time being recognized by
the Central Government to be the head of that State.
(2) Every Court shall take judicial notice of the fact—
(a) that a State has or has not been recognized by the Central Government;
(b) that a person has or has not been recognized by the Central Government to be the head of a State.
SUITS AGAINST RULERS OF FORMER INDIAN STATES
87B. Applications of sections 85 and 86 to Rulers of former Indian States.—8
[(I) In the case of any
suit by or against the Ruler of any former Indian State which is based wholly or in part upon a cause of action
which arose before the commencement of the Constitution or any proceeding arising out of such suit, the
provisions of section 85 and sub-sections (1) and (3) of section 86 shall apply in relation to such Ruler as they
apply in relation to the Ruler of a foreign State.]

1. Subs. by Act 104 of 1976, s. 29, for ―himself‖ (w.e.f. 1-2-1977).
2. Subs. by s. 29, ibid., for ―him‖ (w.e.f. 1-2-1977).
3. Subs. by s. 29, ibid., for sub-section (3) (w.e.f. 1-2-1977).
4. Ins. by s. 29, ibid. (w.e.f. 1-2-1977).
5. Clause (a) re-lettered as clause (aa) by s. 29, ibid. (w.e.f. 1-2-1977).
6. Subs. by s. 29, ibid, for certain words (w.e.f. 1-2-1977).
7. Ins. by s. 29, ibid, (w.e.f. 1-2-1977).
8. Subs. by Act 54 of 1972, s. 3, for sub-section (1).
34
(2) In this section—
(a) ―former Indian State‖ means any such Indian State as the Central Government may, by
notification in the Official Gazette, specify for the purposes of this section;
1
***
2
[(b) ―Commencement of the Constitution‖ means the 26th day of January, 1950; and
(c) ―Ruler‖, in relation to a former Indian State, has the same meaning as in article 363 of the
Constitution. ]
INTERPLEADER
88. Where interpleader-suit may be instituted.—Where two or more persons claim adversely to
one another the same debts, sum of money or other property, movable or immovable, from another
person, who claims no interest therein other than for charges or costs and who is ready to pay or deliver it
to the rightful claimant, such other person may institute a suit of interpleader against all the claimants for
the purpose of obtaining a decision as to the person to whom the payment or delivery shall be made and
of obtaining indemnity for himself :
Provided that where any suit is pending in which the rights of all parties can properly be decided, no
such suit of interpleader shall be instituted.
PART V
SPECIAL PROCEEDINGS
ARBITRATION
3
[89. Settlement of disputes outisde the Court.—(1) Where it appears to the Court that there exist
elements of a settlement which may be acceptable to the parties, the Court shall formulate the terms of
settlement and give them to the parties for their observations and after receiving the observations of the
parties, the Court may reformulate the terms of a possible settlement and refer the same for :—
(a) arbitration;
(b) conciliation;
(c) judicial settlement including settlement through Lok Adalat: or
(d) mediation.
(2) Were a dispute has been referred—
(a) for arbitration or conciliation, the provisions of the Arbitration and Conciliation Act,
1996 (26 of 1996) shall apply as if the proceedings for arbitration or conciliation were referred for
settlement under the provisions of that Act;
(b) to Lok Adalat, the Court shall refer the same to the Lok Adalat in accordance with the provisions
of sub-section (1) of section 20 of the Legal Services Authority Act, 1987 (39 of 1987) and all other
provisions of that Act shall .apply in respect of the dispute so referred to the Lok Adalat;
(c) for judicial settlement, the Court shall refer the same to a suitable institution or person and
such institution or person shall be deemed to be a Lok Adalat and all the provisions of the Legal
Services Authority Act, 1987 (39 of 1987) shall apply as if the dispute were referred to a Lok Adalat
under the provisions of that Act;
(d) for mediation, the Court shall effect a compromise between the parties and shall follow such
procedure as may be prescribed.]
SPECIAL CASE
90. Power to state case for opinion of Court.—Where any persons agree in writing to state a case
for the opinion of the Court, then the Court shall try and determine the same in the manner prescribed.

1. The word ―and‖ omitted by Act 54 of 1972, s. 3.
2. Subs. by s. 3, ibid., for clause (b).
3. Ins. by Act 46 of 1999, s. 7 (w.e.f. 1-7-2002), earlier rep. by Act 10 of 1940, s. 49 and the Third Sch.
35
1
[PUBLIC NUISANCES AND OTHER WRONGFUL ACTS AFFECTING THE PUBLIC]
91. Public nuisances and other wrongful acts affecting the public.—2
[(1) In the case of a public
nuisance or other wrongful act affecting, or likely to affect, the public, a suit for a declaration and injunction
or for such other relief as may be appropriate in the circumstances of the case, may be instituted,—
(a) by the Advocate-General, or
(b) with the leave of the Court, by two or more persons, even though no special damage has been
caused to such persons by reason of such public nuisance or other wrongful act.]
(2) Nothing in this section shall be deemed to limit or otherwise affect any right of suit which may
exist independently of its provisions.
3
92. Public charities.—(1) In the case of any alleged breach of any express or constructive trust
created for public purposes of a charitable or religious nature, or where the direction of the Court is
deemed necessary for the administration of any such trust, the Advocate-General, or two or more persons
having an interest in the trust and having obtained the 4
[leave of the Court,] may institute a suit, whether
contentious or not, in the principal Civil Court of original jurisdiction or in any other Court empowered in
that behalf by the State Government within the local limits of whose jurisdiction the whole or any part of
the subject-matter of the trust is situate to obtain a decree :—
(a) removing any trustee;
(b) appointing a new trustee;
(c) vesting any property in a trustee;
5
[(cc) directing a trustee who has been removed or a person who has ceased to be a trustee, to
deliver possession of any trust property in his possession to the person entitled to the possession of
such property];
(d) directing accounts and inquiries;
(e) declaring what proportion of the trust property or of the interest therein shall be allocated to
any particular object of the trust;
(f) authorizing the whole or any part of the trust property to be let, sold, mortgaged or exchanged;
(g) settling a scheme; or
(h) granting such further or other relief as the nature of the case may require.
(2) Save as provided by the Religious Endowments Act, 1863 (XX of 1863), 6
[or by any
corresponding law in force in 7
[the territories which, immediately before the 1st November, 1956, were
comprised in Part B States]], no suit claiming any of the reliefs specified in sub-section (1) shall be
instituted in respect of any such trust as is therein referred to except in conformity with the provisions of
that sub-section.
8
[(3) The Court may alter the original purposes of an express or constructive trust created for public
purposes of a charitable or religious nature and allow the property or income of such trust or any portion
thereof to be applied cy pres in one or more of the following circumstances, namely :—
(a) where the original purposes of the trust, in whole or in part,—
(i) have been, as far as may be, fulfilled; or
(ii) cannot be carried out at all, or cannot be carried out according to the directions given in
the instrument creating the trust or, where there is no such instrument, according to the spirit of
the trust; or

1. Subs. by Act 104 of 1976, s. 30, for the former headings (w.e.f. 1-2-1977).
2. Subs. by s. 30, ibid., for sub-section (1) (w.e.f. 1-2-1977).
3. S. 92 shall not apply to any religious trust in Bihar, see Bihar Act 1 of 1951.
4. Subs. by Act 104 of 1976, s. 31, for ―consent in writing of the Advocate-General‖, (w.e.f. 1-2-1977).
5. Ins. by Act 66 of 1956, s. 9.
6. Ins. by Act 2 of 1951, s. 13.
7. Subs. by the A.O. (No. 2), 1956, for ―a Part B State‖.
8. Ins. by Act 104 of 1976, s. 31 (w.e.f. 1-2-1977).
36
(b) where the original purposes of the trust provide a use for a part only of the property available by
virtue of the trust; or
(c) where the property available by virtue of the trust and other property applicable for similar
purposes can be more effectively used in conjunction with, and to that end can suitably be made
applicable to any other purpose, regard being had to the spirit of the trust and its applicability to common
purposes; or
(d) where the original purposes, in whole or in part, were laid down by reference to an area which
then was, but has since ceased to be, a unit for such purposes; or
(e) where the original purposes, in whole or in part, have, since they were laid down,—
(i) been adequately provided for by other means, or
(ii) ceased, as being useless or harmful to the community, of
(iii) ceased to be, in law, charitable, or
(iv) ceased in any other way to provide a suitable and effective method of using the property
available by virtue of the trust, regard being had to the spirit of the trust.]
93. Exercise of powers of Advocate-General outside presidency-towns.—The powers conferred by
sections 91 and 92 on the Advocate-General may, outside the presidency-towns, be, with the previous
sanction of the State Government, exercised also by the Collector or by such officer as the State
Government may appoint in this behalf.
PART VI
SUPPLEMENTAL PROCEEDINGS
94. Supplemental proceedings.—In order to prevent the ends of justice from being defeated the
Court may, if it is so prescribed, —
(a) issue a warrant to arrest the defendant and bring him before the Court to show cause why he
should not give security for his appearance, and if he fails to comply with any order for security commit
him to the civil prison;
(b) direct the defendant to furnish security to produce any property belonging to him and to place
the same at the disposal of the Court or order the attachment of any property;
(c) grant a temporary injunction and in case of disobedience commit the person guilty thereof to
the civil prison and order that his property be attached and sold;
(d) appoint a receiver of any property and enforce the performance of his duties by attaching and
selling his property;
(e) make such other interlocutory orders as may appear to the Court to be just and convenient.
95. Compensation for obtaining arrest, attachment or injunction on insufficient
grounds.—(1) Where, in any suit in which an arrest or attachment has been effected or a temporary
injunction granted under the last preceding section,—
(a) it appears to the Court that such arrest, attachment or injunction was applied for on
insufficient grounds, or
(b) the suit of the plaintiff fails and it appears to the Court that there was no reasonable or
probable grounds for instituting the same,
the defendant may apply to the Court, and the Court may, upon such application, award against the
plaintiff by its order such amount 1
[not exceeding fifty thousand rupees], as it deems a reasonable
compensation to the defendant for the 2
[expense or injury (including injury to reputation) caused to him]:
Provided that a Court shall not award, under this section, an amount exceeding the limits of its
pecuniar jurisdiction.
(2) An order determining any such application shall bar any suit for compensation in respect of such
arrest, attachment or injunction.

1. Subs. by Act 46 of 1999, s. 8, for certain words (w.e.f. 1-7-2002).
2. Subs. by Act 104 of 1976, s. 32, for ―expense or injury caused to him‖ (w.e.f. 1-7-2002).
37
PART VII
APPEALS
APPEALS FROM ORIGINAL DECREES
96. Appeal from original decree.—(1) Save where otherwise expressly provided in the body of this
Code or by any other law for the time being in force, an appeal shall lie from every decree passed by any
Court exercising original jurisdiction to the Court authorized to hear appeals from the decisions of such
Court.
(2) An appeal may lie from an original decree passed ex parte.
(3) No appeal shall lie from a decree passed by the Court with the consent of parties.
1
[(4) No appeal shall lie, except on a question of law, from a decree in any suit of the nature
cognisable by Courts of Small Causes, when the amount or value of the subject-matter of the original suit
does not exceed 2
[ten thousand rupees.]]
97. Appeal from final decree where no appeal from preliminary decree.—Where any party
aggrieved by a preliminary decree passed after the commencement of this Code does not appeal from such
decree, he shall be precluded from disputing its correctness in any appeal which may be preferred from
the final decree.
98. Decision where appeal heard by two or more Judges.—(1) Where an appeal is heard by a Bench
of two or more Judges, the appeal shall be decided in accordance with the opinion of such Judges or of the
majority (if any) of such Judges.
(2) Where there is no such majority which concurs in a judgment varying or reversing the decree
appealed from, such decree shall be confirmed :
Provided that where the Bench hearing the appeal is 3
[composed of two or other even number of
Judges belonging to a Court consisting of more Judges than those constituting the Bench] and the Judges
composing the Bench differ in opinion on a point of law, they may state the point of law upon which they
differ and the appeal shall then be heard upon that point only by one or more of the other Judges, and
such point shall be decided according to the opinion of the majority (if any) of the Judges who have heard
the appeal, including those who first heard it.
4
[(3) Nothing in this section shall be deemed to alter or otherwise affect any provision of the letters to
patent of any High Court.]
99. No decree to be reversed or modified for error or irregularity not affecting merits or
jurisdiction.—No decree shall be reversed or substantially varied, nor shall any case be remanded, in appeal
on account of any misjoinder 5
[or non-joinder] of parties or causes of action or any error, defect or irregularity
in any proceedings in the suit, not affecting the merits of the case or the jurisdiction of the Court :
6
[Provided that nothing in this section shall apply to non-joinder of a necessary party.]
7
[99A. No order under section 47 to be reversed or modified unless decision of the case is
prejudicially affected.—Without prejudice to the generality of the provisions of section 99, no order under
section 47 shall be reversed or substantially varied, on account of any error, defect or irregularity in any
proceeding relating to such order, unless such error, defect or irregularity has prejudicially affected the decision
of the case.]
APPEALS FROM APPELLATE DECREES
8
[100. Second appeal.—(1) Save as otherwise expressly provided in the body of this Code or by any
other law for the time being in force, an appeal shall lie to the High Court from every decree passed in
appeal by any Court subordinate to the High Court, if the High Court is satisfied that the case involves a
substantial question of law.

1. Ins. by Act 104 of 1976, s. 33 (w.e.f. 1-2-1977).
2. Subs. by Act 46 of 1999, s. 9, for ―three thousand rupees‖ (w.e.f. 1-7-2002).
3. Subs. by Act 104 of 1976, s. 34, for certain words (w.e.f. 1-2-1977).
4. Ins. by Act 18 of 1928, s. 2 and the First Sch.
5. Ins. by Act 104 of 1976, s. 35 (w.e.f. 1-2-1977).
6. Proviso Added by s. 35 ibid. (w.e.f. 1-2-1977).
7. Ins. by s. 36, ibid. (w.e.f. 1-2-1977).
8. Subs. by s. 37, ibid., for section100 (w.e.f. 1-2-1977).
38
(2) An appeal may lie under this section from an appellate decree passed ex parte.
(3) In an appeal under this section, the memorandum of appeal shall precisely state the substantial
question of law involved in the appeal.
(4) Where the High Court is satisfied that a substantial question of law is involved in any case, it shall
formulate that question.
(5) The appeal shall be heard on the question so formulated and the respondent shall, at the hearing of
the appeal, be allowed to argue that the case does not involve such question:
Provided that nothing in this sub-section shall be deemed to take away or abridge the power of the
Court to hear, for reasons to be recorded, the appeal on any other substantial question of law, not
formulated by it, if it is satisfied that the case involves such question.]
1
[100A. No further appeal in certain cases.—Notwithstanding anything contained in any Letters Patent
for any High Court or in any instrument having the force of law or in any other law for the time being in force,
where any appeal from an original or appellate decree or order is heard and decided by a Single Judge of a
High Court, no further appeal shall lie from the judgment and decree of such Single Judge.]
101. Second appeal on no other grounds.—No second appeal shall lie except on the ground
mentioned in section 100.
2
[102. No second appeal in certain cases.—No second appeal shall lie from any decree, when the
subject matter of the original suit is for recovery of money not exceeding twenty-five thousand rupees.]
3
[103. Power of High Court to determine issue of fact.—In any second appeal, the High Court
may, if the evidence on the record is sufficient, determine any issue necessary for the disposal of the
appeal,—
(a) which has not been determined by the lower Appeallate Court or both by the Court of first
instance and the lower Appellate Court, or
(b) which has been wrongly determined by such Court or Courts by reason of a decision on such
question of law as is referred to in section 100.]
APPEALS FROM ORDERS
104. Orders from which appeal lies.—(1) An appeal shall lie from the following orders, and save as
otherwise expressely provided in the body of this Code or by any law for the time being in force, from no
other orders:—
4
* * * * *
5
[(ff) an order under section 35A;]
6
[(ffa) an order under section 91 or section 92 refusing leave to institute a suit of the nature
referred to in section 91 or section 92, as the case may be;]
(g) an order under section 95;
(h) an order under any of the provisions of this Code imposing a fine or directing the arrest or
detention in the civil prison of any person except where such arrest or detention is in execution of a
decree;
(i) any order made under rules from which an appeal is expressly allowed by rules:
5
[Provided that no appeal shall lie against any order specified in clause (ff) save on the ground
that no order, or an order for the payment of a less amount, ought to have been made.]
(2) No appeal shall lie from any order passed in appeal under this section.

1. Subs. by Act 22 of 2002, s. 4, for s. 100 A (w.e.f 1-7-2002).
2. Subs. by s. 5, ibid., for s. 102 (w.e.f. 1-7-2002).
3. Subs. by Act 104 of 1976, s. 40, for s. 103 (w.e.f. 1-2-1977).
4. Cl. (a) to (f) omitted by Act 10 of 1940, s. 49 and the Third Sch.
5. Ins. by Act 9 of 1922, s. 3, see also foot-note to s. 35A, Supra.
6. Ins. by Act 104 of 1976, s. 41 (w.e.f. 1-2-1977).
39
105. Other orders.—(1) Save as otherwise expressly provided, no appeal shall lie from any order
made by a Court in the exercise of its original or appellate jurisdiction; but where a decree is appealed
from, any error, defect or irregularity in any order, affecting the decision of the case, may be set forth as a
ground of objection in the memorandum of appeal.
(2) Notwithstanding anything contained in sub-section (1), where any party aggrieved by an order of
remand 1
***from which an appeals lies does not appeal therefrom, he shall thereafter be precluded from
disputing its correctness.
106. What Courts to hear appeals.—Where an appeal from any order is allowed it shall lie to the Court
to which an appeal would lie from the decree in the suit in which such order was made, or where such order is
made by a Court (not being a High Court) in the exercise of appellate jurisdiction, then to the High Court.
GENERAL PROVISIONS RELATING TO APPEALS
107. Powers of Appellate Court.—(1) Subject to such conditions and limitaitons as may be
prescribed, an Appellate Court shall have power—
(a) to determine a case finally;
(b) to remand a case;
(c) to frame issues and refer them for trial;
(d) to take additional evidence or to require such evidence to be taken.
(2) Subject as aforesaid, the Appellate Court shall have the same powers and shall perform as nearly
as may be the same duties as are conferred and imposed by this Code on Courts of original jurisdiction in
respect of suits instituted therein.
108. Procedure in appeals from appellate decrees and orders.—The provisions of this Part
relating to appeals from original decrees shall, so far as may be, apply to appeals—
(a) from appellate decrees, and
(b) from orders made under this Code or under any special or local law in which a different
procedure is not provided.
APPEALS TO THE SUPREME COURT
2
[109. When appeals lie to the Supreme Court.—Subject to the provisions in Chapter IV of Part V of
the Constitution and such rules as may, from time to time, be made by the Supreme Court regarding appeals
from the Courts of India, and to the provisions hereinafter contained, an appeal shall lie to the Supreme Court
from any judgment, decree or final order in a civil proceeding of a High Court, if the High Court certifies—
(i) that the case involves a substantial question of law of general importance; and
(ii) that in the opinion of the High Court the said question needs to be decided by the Supreme Court.]
110. [Value of subject-matter.] Omitted by the Code of civil Procedure (Amendment)
Act, 1973 (49 of 1973, s. 3
111. [Bar of certain appeals.] omitted by the A.O. 1950.
3
[111A. [Appeals to Federal Court] Rep. by the Federal Court Act, 1941 (21 of 1941), s. 2.
112. Savings.—4
[(1) Nothing contained in this Code shall be deemed—
(a) to affect the powers of the Supreme Court under article 136 or any other provision of the
Constitution; or
(b) to interfere with any rules made by the Supreme Court, and for the time being in force for the
presentation of appeals to that Court, or their conduct before that Court.]
(2) Nothing herein contained applies to any matter of criminal or admiralty or vice-admiralty
jurisdiction or to appeals from orders and decrees of Prize Courts.

1. Certain words omitted by Act 104 of 1976, s. 42, (w.e.f. 1-2-1977).
2. Subs. by Act 49 of 1973, s. 2, for s. 109.
3. Ins. by the A.O. 1937.
4. Subs, by the A.O. 1950, for the former sub-section (1).
40
PART VIII
REFERENCE, REVIEW AND REVISION
113. Reference to High Court.—Subject to such conditions and limitations as may be prescribed,
any Court may state a case and refer the same for the opinion of the High Court, and the High Court may
make such order thereon as it thinks fit:
1
[Provided that where the Court is satisfied that a case pending before it involves a question as to the
validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or
Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that
such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the
High Court to which that Court is subordinate or by the Supreme Court, the Court shall state a case
setting out its opinion and the reasons therefor, and refer the same for the opinion of the High Court.
Explanation.—In this section, ―Regulation‖ means any Regulation of the Bengal, Bombay or Madras
Code or Regulation as defined in the General Clauses Act,1897, (10 of 1897) or in the General Clauses
Act of a State.]
114. Review.—Subject as aforesaid, any person considering himself aggrieved—
(a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal
has been preferred.
(b) by a decree or order from which no appeal is allowed by this Code, or
(c) by a decision on a reference from a Court of Small Causes,
may apply for a review of judgment to the Court which passed the decree or made the order, and the
Court may make such order thereon as it thinks fit.
115. Revision.—2
[(1)] The High Court may call for the record of any case which has been decided by
any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate
Court appears—
(a) to have exercised a jurisdiction not vested in it by law, or
(b) to have failed to exercise a jurisdiction so vested, or
(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity,
the High Court may make such order in the case as it thinks fit:
3
[Provided that the High Court shall not, under this section, vary or reverse any order made, or any order
deciding an issue, in the course of a suit or other proceeding, except where the order, if it had been made in
favour of the party applying for revision would have finally disposed of the suit or other proceedings.]
4
[(2) The High Court shall not, under this section, vary or reverse any decree or order against which
an appeal lies either to the High Court or to any Court subordinate thereto.
5
[(3) A revision shall not operate as a stay of suit or other proceeding before the Court except where
such suit or other proceeding is stayed by the High Court.]
Explanation.—In this section, the expression ―any case which has been decided‖ includes any order
made, or any order deciding an issue in the course of a suit or other proceeding.]
PART IX
SPECIAL PROVISIONS RELATING TO THE 6
[HIGH COURTS 7
[NOT BEING THE COURT OF A
JUDICIAL COMMISSIONER ]
116. Part to apply only to certain High Courts.—This Part applies only to High Courts 7
[not being
the court of a Judicial Commissioner].

1. Added by Act 24 of 1951, s. 2.
2. S. 115 re-numbered as sub-section (1) by Act 104 of 1976, s. 43 (w.e.f 1-2-1977).
3. Subs. by Act 46 of 1999, s.12, for ―proviso‖ (w.e.f. 1-7-2002).
4. Ins. by Act 104 of 1976, s. 43 (w.e.f 1-2-1977).
5. Ins. by Act 46 of 1999, s.12 (w.e.f. 1-7-2002).
6. Subs. by Act 2 of 1951, s. 14, for ―CHARTERED HIGH COURTS‖.
7. Subs. by the Adaptation of Laws (No. 2) Order, 1956 for ―For Part A States and Part B States‖.
41
117. Application of Code to High Courts.—Save as provided in this Part or in Part X or in rules, the
provisions of this Court shall apply to such High Courts.
118. Execution of decree before ascertainment of costs.—Where any such High Court considers it
necessary that a decree passed in the exercise of its original civil jurisdiction should be executed before
the amount of the costs incurred in the suit can be ascertained by taxation, the Court may order that the
decree shall be executed forthwith, except as to so much thereof as relates to the costs;
and, as to so much thereof as relates to the costs, that the decree may be executed as soon as the
amount of the costs shall be ascertained by taxation.
119. Unauthorized persons not to address Court.—Nothing in this Code shall be deemed to
authorize any person on behalf of another to address the Court in the exercise of its original civil
jurisdiction, or to examine witnesses, except where the Court shall have in the exercise of the power
conferred by its charter authorized him so to do, or to interfere with the power of the High Court to make
rules concerning advocates, vakils and attorneys.
120. Provisions not applicable to High Court in original civil jurisdiction.—(1) The following provisions
shall not apply to the High Court in the exercise of its original civil jurisdiction, namely, sections 16, 17 and 20.
1
* * * * *
PART X
RULES
121. Effect of rules in First Schedule.—The rules in a First Schedule shall have effect as if enacted
in the body of this Code until annulled or altered in accordance with the provisions of this Part.
122. Power of certain High Courts to make rules.—2
[High Courts 3
[not being the Court of a
Judicial Commissioner]] 4
*** may, from time to time after previous publication, make rules regulating
their own procedure and the procedure of the Civil Courts subjects to their superintendence, and may by
such rules annul, alter or add to all or any of the rules in the First Schedule.
123. Constitution of Rules Committees in certain States.—(1) A Committee, to be called the Rule
Committee, shall be constituted at 5
[the town which is the usual place of sitting of each of the High Courts
Courts 6
*** referred to in section 122].
(2) Each such Committee shall consist of the following persons, namely:—
(a) three Judges of the High Court established at the town at which such Committee is constituted,
one of whom at least has served as a District Judge or 7
*** a Divisional Judge for three years,
8
[(b) two legal practitioners enrolled in that Court,]
9
[(c) a Judge of a Civil Court subordinate to the High Court, 10***
11* * * * *

1. Sub-section (2) rep. by Act 3 of 1909, s. 127 and the Third Sch.
2. Subs. by the A.O. 1950, for ―Courts which arc High Courts for the purposes of the Gover nment of India Act,
1935‖.
3. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “for Part A States and Part B States”. The words in italics were ins.
by Act 2 of 1951, s. 15.
4. The words ―and the Chief Court of Lower Burma‖ rep. by Act 11 of 1923, s. 3 and the Second Sch.
5. Subs. by Act 13 of 1916, s. 2 and Sch., for ―each of the towns of Calcutta, Madras, Bombay, Allahabad,
Lahore and Rangoon‖.
6. The words ―and of the Chief Court‖ omitted by the Act 11 of 1923, s. 3 and the Second Sch. These words were again ins. by
Act 32 of 1925, and subsequently omitted by the A.O. 1948.
7. The brackets and words ―(in Burma)‖ rep. by Act 11 of 1923, s. 3 and the Second Sch.
8. Subs. by Act 2 of 1951, s. 16, for clauses (b) and (c).
9. Cl. (d) re-lettered as clause (c) by s. 16, ibid.
10. The word ―and‖ omitted by Act 38 of 1978, s. 3 and the Second Sch.
11. Cl. (d) omitted by s. 3 and the Second Sch., ibid.
42
(3) The members of each Committee shall be appointed by the 1
[High Court], which shall also
nominate one of their number to be President:
2
* * * * *
(4) Each member of any such Committee shall hold office for such period as may be prescribed by
the 1
[High Court] in this behalf; and whenever any member retires, resigns, dies or ceases reside in the
State in which the Committee was constituted, or becomes incapable of acting as a member of the
Committee, the said 1
[High Court] may appoint another person to be a member in his stead.
(5) There shall be a secretary to each such Committee, who shall be appointed by the 1
[High Court]
and shall receive such remuneration as may be provided in this behalf 3
[by the State Government].
124. Committee to report to High Court.—Every Rule Committee shall make a report to the High
Court established at the town at which it is constituted on any proposal to annul, alter or add to the rules
in the First Schedule or to make new rules, and before making any rules under section 122 the High Court
shall take such report into consideration.
125. Power of other High Courts to make rules.—High Courts, other than the Courts specified in
section 122, may exercise the powers conferred by that section in such manner and subject to such
conditions 4
[as 5
[the State Government] may determine:]
Provided that any such High Court may, after previous publication, make a rule extending within the
local limits of its jurisdiction any rules which have been made by any other High Court.
6
[126. Rules to be subject to approval.—Rules made under the foregoing provisions shall be subject to
to the previous approval of the Government of the State in which the Court whose procedure the rules
regulate is situate or, if that Court is not situate in any State, to the previous approval of 7
[Central
Government.]]
127. Publication of rules.—Rules so made and 8
[approved] shall be published in the 9
[Official Gazette], and
shall from the date of publication or from such other date as may be specified have the same force and effect, within
the local limits of the jurisdiction of the High Court which made them, as if they had been contained in the First
Schedule.
128. Matters for which rules may provide.—(1) Such rules shall be not inconsistent with the provisions in the
body of this code, but, subject thereto, may provide for any matters relating to the procedure of Civil Courts.
(2) In particular, and without prejudice to the generality of the powers conferred by sub-section (1),
such rules may provide for all or any of the following matters, namely:—
(a) the service of summonses, notices and other processes by post or in any other manner either
generally or in any specified areas, and the proof of such service;
(b) the maintenance and custody, while under attachment, of live-stock and other movable
property, the fees payable for such maintenance and custody, the sale of such live-stock and property,
and the proceeds of such sale;
(c) procedure in suits by way of counterclaim, and the valuation of such suits for the purposes of
jurisdiction;
(d) procedure in garnishee and charging orders either in addition to, or in substitution for, the
attachment and sale of debts;
(e) procedure where the defendant claims to be entitled to contribution or indemnity over against
any person whether a party to the suit or not;

1. Subs. by Act 104 of 1976, s. 44, for ―Chief Justice or Chief Judge‖ (w.e.f. 1-2-1977).
2. Proviso omitted by s. 44, ibid. (w.e.f. 1-2-1977).
3. Subs. by the A.O. 1937, for ―by the G.G. in C. or by the L.G., as the case may be‖.
4. Subs. by Act 38 of 1920, s. 2 and the First Sch. Pt. I, for ―as the G.G. in C. may determine‖.
5. Subs. by the A.O.1937, for ―in the case of the Court of the Judicial Commissioner of Coorg, the G.G. in C., and, in other cases
the L.G.‖
6. Subs., ibid., for section 126.
7. Subs. by the A.O. 1950, for ―Governor General‖.
8. Subs. by Act 24 of 1917, s. 2 and the First Sch., for ―sanctioned‖.
9. Subs. by the A.O. 1937, for ―Gazette of India or in the local Official Gazette, as the case may be‖. Strictly the substitution
would read ―Official Gazette or in the Official Gazette, as the case may be, but the latter words have been omitted as being
redundant‖.
43
(f) summary procedure—
(i) in suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable
by the defendant, with or without interest, arising—
on a contract express or implied; or
on an enactment where the sum sought to be recovered is a fixed sum of money or in the nature of
a debt other than a penalty; or
on a guarantee, where the claim against the principal is in respect of a debt or a liquidated demand
only; or
on a trust; or
(ii) in suits for the recovery of immovable property, with or without a claim for rent or mesne profits,
by a landlord against a tenant whose term has expired or has been duly determined by notice to quit, or has
become liable to forefeiture for non-payment of rent, or against persons claiming under such tenant;
(g) procedure by way of originating summons;
(h) consolidation of suits, appeals and other proceedings;
(i) delegation to any Registrar, Prothonotary or Master or other official of the Court of any
judicial, quasi-judicial and non-judicial duties; and
(j) all forms, registers, books, entries and accounts which may be necessary or desirable for the
transaction of the business of Civil Courts.
129. Power of High Courts to make rules as to their original Civil procedure.—Notwithstanding
anything in this Code, any High Court 1
[not being the Court of a Judicial Commissioner] may make such
rules not inconsistent with the Letters Patent 2
[or order] 3
[or other law] establishing it to regulate its own
procedure in the exercise of its original civil jurisdiction as it shall think fit, and nothing herein contained
shall affect the validity of any such rules in force at the commencement of this Code.
4
[130. Powers of other High Courts to make rules as to matters other than procedure.—A High
Court 5
[not being a High Court to which section 129 applies] may, with the previous approval of the State
State Government, make with respect to any matter other than procedure any rule which a High Court
6
[for a 7
*** State] might under 8
[article 227 of the Constitution] make with respect to any such matter for
for any part of the territories under its jurisdiction which is not included within the limits of a presidency
town.]
131. Publication of rules.—Rules made in accordance with section 129 or section 130 shall be
published in the 9
[Official Gazette] and shall from the date of publication or from such other date as may
be specified have the force of law.
PART XI
MISCELLANEOUS
132.Exemption of certain women from personal appearance.—(1) Women who, according to the
customs and manners of the country, ought not to be compelled to appear in public shall be exempt from
personal appearance in Court.
(2) Nothing herein contained shall be deemed to exempt such women from arrest in execution of civil
process in any case in which the arrest of women is not prohibited by this Code.
133. Exemption of other persons.—10[(1) The following persons shall be entitled to exemption from
personal appearance in Court, namely:—
(i) the President of India;

1. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for ―for a Part A State or a Part B State‖.
2. Ins. by the A.O. 1950.
3. Ins. by Act 2 of 1951, s. 17.
4. Subs. by the A.O. 1937, for s. 130.
5. Subs. by the A.O. 1950, for ―not constituted by His Majesty by Letters Patent‖.
6. Subs., ibid.,for ―so constituted‖.
7. The word and letter ―Part A‖ omitted by the Adaptation of Laws (No. 2) Order, 1956.
8. Subs. by the A.O. 1950, for ―section 224 of the Government of India Act, 1935‖.
9. Subs. by the A.O.1937, for ―Gazette of India or in the Local Official Gazette, as the case may be‖. Strictly the substitution
would read ―Official Gazette or in the Official Gazette, as the case may be,‖ but the latter words have been omitted as being
redundant.
10. Subs. by Act 66 of 1956, s. 12, for sub-section (1).
44
(ii) the Vice-President of India;
(iii) the Speaker of the House of the People;
(iv) the Ministers of the Union;
(v) the Judges of the Supreme Court;
(vi) the Governors of States and the administrators of Union territories;
(vii) the Speakers of the State Legislative Assemblies;
(viii) the Chairman of the State Legislative Councils;
(ix) the Ministers of States;
(x) the Judges of the High Courts; and
(xi) the persons to whom section 87B applies.]
1
* * * * *
(3) Where any person 2*** claims the privilege of such exemption, and it is consequently necessary to
examine him by commission, he shall pay the costs of that commission, unless the party requiring his
evidence pays such costs.
134. Arrest other than in execution of decree.—The provisions of sections 55, 57 and 59 shall
apply, so far as may be, to all persons arrested under this Code.
135. Exemption from arrest under civil process.—(1) No Judge, Magistrate or other judicial officer
shall be liable to arrest under civil process while going to, presiding in, or returning from, his Court.
(2) Where any matter is pending before a tribunal having jurisdiction therein, or believing in good
faith that it has such jurisdiction, the parties thereto, their pleaders, mukhtars, revenue-agents and
recognized agents, and their witnesses acting in obedience to a summons, shall be exempt from arrest
under civil process other than process issued by such tribunal for contempt of Court while going to or
attending such tribunal for the purpose of such matter, and while returning from such tribunal.
(3) Nothing in sub-section (2) shall enable a judgment-debtor to claim exemption from arrest under
an order for immediate execution or where such judgment-debtor attends to show cause why he should
not be committed to prison in execution of a decree.
3
[135A. Exemption of members of legislative bodies from arrest and detention under civil
process.—4
[(1) No person shall be liable to arrest or detention in prison under civil process—
(a) if he is a member of—
(i) either House of Parliament, or
(ii) the Legislative Assembly or Legislative Council of a State, or
(iii) a Legislative Assembly of a Union territory,
during the continuance of any meeting of such House of Parliament or, as the case may be, of the
Legislative Assembly or the Legislative Council;
(b) if he is a member of any committee of—
(i) either House of Parliament, or
(ii) the Legislative Assembly of a State or Union territory, or
(iii) the Legislative Council of a State,
during the continuance of any meeting of such committee;
(c) if he is a member of—

1. Sub-section (2) omitted by Act 66 of 1966, s. 12.
2. The words ―so exempted‖ omitted by s. 12, ibid.
3. Ins. by Act 23 of 1925, s. 3.
4. Subs. by Act 104 of 1976, s. 45, for sub-section (1) (w.e.f. 1-2-1977).
45
(i) either House of Parliament, or
(ii) a Legislative Assembly or Legislative Council of a State having both such Houses,
during the continuance of a joint sitting, meeting, conference or joint committee of the Houses of
Parliament or, Houses of the State Legislature, as the case may be,
and during the forty days before and after such meeting, sitting or conference.]
(2) A person released from detention under sub-section (1) shall, subject to the provisions, of the said
sub-section, be liable to re-arrest and to the further detention to which he would have been liable if he had
not been released under the provisons of sub-section (1).]
136. Procedure where person to be arrested or property to be attached is outside district.—(1)
Where an application is made that any person shall be arrested or that any property shall be attached
under any provision of this Code not relating to the execution of decrees, and such person resides or such
property is situate outside the local limits of the jurisdiction of the Court to which the application is made,
the Court may, in its discretion, issue, a warrant of arrest of make an order of attachment, and send to the
District Court within the local limits of whose jurisdiction such person or property resides or is situate a
copy of the warrant or order, together with the probable amount of the costs of the arrest or attachment.
(2) The District Court shall, on receipt of such copy and amount, cause the arrest or attachment to be
made by its own officers, or by a Court subordinate to itself, and shall inform the Court which issued or
made such warrant or order of the arrest or attachment.
(3) The Court making an arrest under this section shall send the person arrested to the Court by which
the warrant of arrest was issued, unless he shows cause to the satisfaction of the former Court why he
should not be sent to the later Court, or unless he furnishes sufficient security for his appearance before
the later Court or for satisfying any decree that may be passed against him by that Court, in either of
which cases the Court making the arrest shall release him.
(4) Where a person to be arrested or movable property to be attached under this section is within the
local limits of the ordinary original civil jurisdiction of the High Court of Judicature at Fort William in
Bengal or at Madras or at Bombay, 1
*** the copy of the warrant of arrest or of the order of attachment,
and the probable amount of the costs of the arrest or attachment, shall be sent to the Court of SmallCauses
of Calcutta, Madras 2
[or Bombay], as the case may be, and that Court, on receipt of the copy and
amount, shall proceed as if it were the District Court.
137. Language of subordinate Courts.—(1) The language which, on the commencement of this
Code, is the language of any Court subordinate to a High Court shall continue to be the language of such
subordinate Court until the State Government otherwise directs.
(2) The State Government may declare what shall be the language of any such Court and in what
character applications to and proceedings in such Courts shall be written.
(3) Where this Court requires or allows anything other that the recording of evidence to be done in
writing in any such Court, such writing may be in English; but if any party or his pleader is unacquainted
with English a translation into the language of the Court shall, at his request, be supplied to him; and the
Court shall make such order as it thinks fit in respect of the payment of the costs of such translation.
3
[138. Power of High Court to require evidence to be recorded in English.—(1) The 4
[High
Court] may, by notification in the Official Gazette, direct with respect to any Judge specified in the
notification, or falling under a description set forth therein, that evidence in cases in which an appeal is
allowed shall be taken down by him in the English language and in manner prescribed.
(2) Where a Judge is prevented by any sufficient reason from complying with a direction under
sub-section (1), he shall record the reason and cause the evidence to be taken down in writing from his
dictation in open Court.

1. The words or ―of the Chief Court of Lower Burma‖, omitted by the A.O. 1937.
2. Subs., ibid., for ―Bomaby or Rangoon‖.
3. For s. 138, as applicable to Assam, see the Civil Procedure (Assam Amendment) Act 1941, (Assam 1 of 1941), s. 2.
4. Subs. by Act 4 of 1914, s. 2 and Sch., Pt. I for ―L.G.‖.
46
139. Oath on affidavit by whom to be administered.— In the case of any affidavit under this Code—
(a) any Court or Magistrate, or
1
[(aa) any notary appointed under the Notaries Act, 1952 (53 of 1952); or]
(b) any officer or other person whom a High Court may appoint in this behalf, or
(c) any officer appointed by any other Court which the State Government has generally or
specially empowered in this behalf,
may administer the oath to the deponent.
140. Assessors in causes of salvage, etc.—(1) In any admiralty or vice-admiralty cause of salvage to
wage or collision the Court, whether it be exercising its original or its appellate jurisdiction, may, if it
thinks fit, and shall upon request of either party to such cause, summon to its assistance, in such manner as
it may direct or as may be prescribed, two competent assessors; and such assessors shall attend and assist
accordingly.
(2) Every such assessor shall receive such fees for his attendance, to be paid by such of the parties
as the Court may direct or as may be prescribed.
141. Miscellaneous proceedings.—The procedure provided in this Code in regard to suits shall be
followed, as far as it can be made applicable, in all proceedings in any Court of civil jurisdiction.
2
[Explanation.— In this section, the expression ―proceedings‖ includes proceedings under
Order IX, but does not include any proceedings under article 226 of the Constitution.]
142. Orders and notices to be in writing.—All orders and notices served on or given to any
person under the provisions of this Code shall be in writing.
143. Postage.—Postage, where chargeable on a notice, summons or letter issued under this Code
and forwarded by post, and the fee for registering the same, shall be paid within a time to be fixed
before the communication is made:
Provided that the State Government 3
*** may remit such postage, or fee, or both, or may prescribe
a scale of court-fees to be levied in lieu thereof.
144. Application for restitution.—(1) Where and in so far as a decree 4
[or an order] is 5
[varied or
reversed in any appeal, revision or other proceeding or is set aside or modified in any suit instituted for the
purpose, the Court which passed the decree or order] shall, on the application of any party entitled to any
benefit by way of restitution or otherwise, cause such restitution to be made as will, so far as may be, place
the parties in the position which they would have occupied but for such decree 4
[or order] or 5
[such part
thereof as has been varied, reversed, set aside or modified]; and for this purpose, the Court may make any
orders, including orders for the refund of costs and for the payment of interest, damages, compensation and
mesne profits, which are properly 5
[consequential on such variation, reversal, setting aside or modification
of the decree or order].
6
[Explanation.—For the purposes of sub-section (1), the expression ―Court which passed the
decree or order‖ shall be deemed to include,—
(a) where the decree or order has been varied or reversed in exercise of appellate or revisional
jurisdiction, the Court of first instance;
(b) where the decree or order has been set aside by a separate suit, the court of first instance
which passed such decree or order.

1. Ins. by Act 104 of 1976, s. 46 (w.e.f. 1-2-1977).
2. Ins. by, s. 47, ibid. (w.e.f 1-2-1977).
3. The words ―with the previous sanction of the G.G, in C.‖ omitted by Act 38 of 1920, s 2 and the First Sch. I, Pt. I
4. Ins. by Act 66 of 1956, s. 13.
5. Subs. by Act 104 of 1976. s. 48, for certain words (w.e.f. 1-2-1977).
6. Ins. by. s. 48, ibid. (w.e.f. 1-2-1977).
47
(c) where the Court of first instance has ceased to exist or has ceased to have jurisdiction to execute, it,
the Court which, if the suit wherein the decree or order was passed were instituted at the time of making
the application for restitution under this section, would have jurisdiction to try such suit.]
(2) No suit shall be instituted for the purpose of obtaining any restitution or other relief which could
be obtained by application under sub-section (1).
145. Enforcement of liability of surety.—Where any person 1
[has furnished security or given a
guarantee]—
(a) for the performance of any decree or any part thereof, or
(b) for the restitution of any property taken in execution of a decree, or
(c) for the payment of any money, or for the fulfilment of any condition imposed on any person,
under an order of the Court in any suit or in any proceeding consequent thereon,
1
[the decree or order may be executed in the manner therein provided for the execution of decrees,
namely:—
(i) if he has rendered himself personally liable, against him to that extent;
(ii) if he has furnished any property as security, by sale of such property to the extent of the
security;
(iii) if the case falls both under clauses (i) and (ii) then to the extent specified in those clauses,
and such person shall, be deemed to be a party within the meaning of section 47]:
Provided that such notice as the Court in each case thinks sufficient has been given to the surety.
146. Proceedings by or against representatives.—Save as otherwise provided by this Code or by
any law for the time being in force, where any proceeding may be taken or application made by or against
any person then the proceeding may be taken or the application may be made by or against any person
claiming under him.
147. Consent or agreement by persons under disability.—In all suits to which any person under
disability is a party, any consent or agreement, as to any proceeding shall, if given or made with the
express leave of the Court by the next friend or guardian for the suit, have the same force and effect as if
such person, were under no disability and had given such consent or made such agreement.
148. Enlargement of time.—Where any period is fixed or granted by the Court for the doing of any act
prescribed or allowed by this Code, the Court may, in its discretion, from time to time, enlarge such period,
2
[not exceeding thirty days in total,] even though the period originally fixed or granted may have expired.
3
[148A. Right to lodge a caveat.—(1) Where an application is expected to be made, or has been
made, in a suit or proceeding instituted, or about to be instituted, in a Court , any person claiming a right
to appear before the Court on the hearing of such application may lodge a caveat in respect thereof.
(2) Where a caveat has been lodged under sub-section (1), the person by whom the caveat has been
lodged (hereinafter referred to as the caveator) shall serve a notice of the caveat by registered post,
acknowledgement due, on the person by whom the application has been, or is expected to be, made, under
sub-section (1).
(3) Where, after a caveat has been lodged under sub-section (1), any application is filed in any suit or
proceeding, the Court, shall serve a notice of the application on the caveator.
(4) Where a notice of any caveat has been served on the applicant, he shall forthwith furnish the
caveator at the caveator‘s expense, with a copy of the application made by him and also with copies of
any paper or document which has been, or may be, filed by him in support of the application.
(5) Where a caveat has been lodged under sub-section (1), such caveat shall not remain in force after
the expiry of ninety days from the date on which it was lodged unless the application referred to in
sub-section (1) has been made before the expiry of the said period.]

1. Subs. by Act 104 of 1976, s. 49, for certain words (w.e.f. 1-2-1977).
2. Ins. by Act 46 of 1999, s. 13 (w.e.f. 1-7-2002).
3. Ins. by Act 104 of 1976, s. 50 (w.e.f. 1-5-1977).
48
149. Power to make up deficiency of court-fees.—Where the whole or any part of any fee prescribed for
any document by the law for the time being in force relating to court-fees has not been paid, the Court may, in
its discretion, at any stage, allow the person, by whom such fee is payable, to pay the whole or part, as the case
may be, of such court-fee; and upon such payment the document, in respect of which fee is payable, shall have
the same force and effect as if such fee had been paid in the first instance.
150. Transfer of business.— Save as otherwise provided, where the business of any Court is transferred
to any other Court, the Court to which the business is so transferred shall have the same powers and shall
perform the same duties as those respectively conferred and imposed by or under this Code upon the Court
from which the business was so transferred.
151. Saving of inherent powers of Court.—Nothing in this Code shall be deemed to limit or
otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of
justice or to prevent abuse of the process of the Court.
152. Amendment of judgments, decrees or orders.—Clerical or arithmetical mistakes in
judgments, decrees or orders or errors arising therein from any accidental slip or omission may at any
time be corrected by the Court either of its own motion or on the application of any of the parties.
153. General power to amend .— The Court may at any time, and on such terms as to costs or otherwise
as it may think fit, amend any defect or error in any proceeding in a suit ; and all necessary amendments shall be
made for the purpose of determining the real question or issue raised by or depending on such proceeding.
1
[153A. Power to amend decree or order where appeal is summarily dismissed.—Where an Appellate
Court dismisses an appeal under rule 11 of Order XLI, the power of the Court to amend, under section 152, the
decree or order appealed against may be exercised by the Court which had passed the decree or order in the
first, instance, notwithstanding that the dismissal of the appeal has the effect of confirming the decree or order,
as the case may be, passed by the Court of first instance.
153B. Place of trial to be deemed to be open Court .—The place in which any Civil Court is held
for the purpose of trying any suit shall be deemed to be an open Court, to which the public generally may
have access so far as the same can conveniently contain them:
Provided that the presiding Judge may, if he thinks fit, order at any stage of any inquiry into or trial of
any particular case, that the public generally, or any particular person, shall not have access to, or be or
remain in, the room or building used by the Court.]
154. [Saving of present right of appeal.] Rep. by the Repealing and Amending Act, 1952 (48 of 1952),
s. 2 and the First Sch.
155. [Amendment of certain Acts.] Rep. by s. 2 and the First Sch., ibid.
156. [Repeals.] Rep. by the Second Repealing and Amending Act, 1914 (17 of 1914). s. 3 and the Second Sch.
157. Continuance of orders under repealed enactments.—Notifications published, declarations
and rules made, places appointed, agreements filed, scales prescribed, forms framed, appointments made
and powers conferred under Act VIII of 1859 or under any Code of Civil Procedure or any Act amending
the same or under any other enactment hereby repealed shall, so far as they are consistent with this Code,
have the same force and effect as if they had been respectively published, made, appointed, filed,
prescribed, framed and conferred under this Code and by the authority empowered thereby in such behalf.
158. Reference to Code of Civil Procedure and other repealed enactments.—In every enactment
or notification passed or issued before the commencement of this Code in which reference is made to or
to any Chapter or section of Act VIII of 1859 or any Code of Civil Procedure or any Act amending the
same or any other enactment hereby repealed, such reference shall, so far as may be practicable, be taken
to be made to this Code or to its corresponding Part, Order, section or rule.

1. Ins. by Act 104 of 1976. s. 51 (w.e.f. 1-2-1977).
49
THE FIRST SCHEDULE
______
ORDER I
______
(Parties to Suits)
RULES
1. Who may be joined as plaintiffs.
2. Power of Court to order separate trials.
3. Who may be joined as defendants.
3A. Power to order separate trials where joinder of defendants may embarrass or delay trial.
4. Court may give judgment for or against one or more of joint parties.
5. Defendant need not be interested in all the relief claimed.
6. Joinder of parties liable on same contract.
7. When plaintiff in doubt from whom redress is to be sought.
8. One person may sue or defend on behalf of all in same interest.
8A. Power of Court to permit a person or body of persons to present opinion or to take part in
the proceedings.
9. Misjoinder and nonjoinder.
10. Suit in name of wrong plaintiff.
Court may strike out or add parties.
Where defendant added, plaint to be amended.
10A. Power of Court to request any pleader to address it.
11. Conduct of suit.
12. Appearance of one of several plaintiffs or defendants for others.
13. Objections as to nonjoinder or misjoinder.
_______
ORDER II
Frame of Suits
1. Frame of suit.
2. Suit to include the whole claim.
Relinquishment of part of claim.
Omission to sue for one of several reliefs.
3. Joinder of causes of action.
4. Only certain claims to be joined for recovery of immovable property.
5. Claims by or against executor, administrator or heir.
6. Power of Court to order separate trials.
7. Objections as to misjoinder.
_______
ORDER III
Recognised Agents and Pleaders
1. Appearances, etc., may be in person, by recognised agent or by pleader.
2. Recognised agents.
3. Service of process on recognised agent.
4. Appointment of pleader.
5. Service of process on pleader.
6. Agent to accept service.
Appointment to be in writing and to be filed in Court.
50
ORDER IV
Institution of Suits
RULES
1. Suit to be commenced by plaint.
2. Register of suits.
_______
ORDER V
Issue and Service of Summons
Issue of summons
1. Summons.
2. Copy of plaint annexed to summons.
3. Court may order defendant or plaintiff to appear in person.
4. No party to be ordered to appear in person unless resident within certain limits.
5. Summons to be either to settle issues or for final disposal.
6. Fixing day for appearance of defendant.
7. Summons to order defendant to produce documents relied on by him.
8. On issue of summons for final disposal, defendant to be directed to produce his witnesses.
Service of Summons
9. Delivery of summons by Court.
9A. Summons given to the plaintiff for service.
10. Mode of service.
11. Service on several defendants.
12. Service to be on defendant in person when practicable, or on his agent.
13. Service on agent by whom defendant carries on business.
14. Service on agent in charge in suits for immovable property.
15. Where service may be on an adult member of defendant’s family.
16. Person served to sign acknowledgement.
17. Procedure when defendant refuses to accept service, or cannot be found.
18. Endorsement of time and manner of service.
19. Examination of serving officer.
19A. [Omitted.]
20. Subsitituted service.
Effect of substituted service.
Where service substituted, time for appearance to be fixed.
20A. [Repealed.]
21. Service of summons where defendant resides within jurisdiction of another Court.
22. Service within presidency-towns of summons issued by Courts outside.
23. Duty of Court to which summons is sent.
24. Service on defendant in prison.
25. Service where defendant resides out of India and has no agent.
26. Service in foreign territory through Political Agent or Court.
26A. Summonses to be sent to officers of foreign countries.
27. Service on civil public officer or on servant of railway company or local authority.
28. Service on soldiers. sailors or airmen.
29. Duty of person to whom summons is dilivered or sent for service.
30. Substitution of letter for summons.
51
ORDER VI
Pleadings Generally
RULES
1. Pleading.
2. Pleading to state material facts and not evidence.
3. Forms of pleading.
4. Particulars to be given where necessary.
5. [Omitted.]
6. Condition precedent.
7. Departure.
8. Denial of contract.
9. Effect of document to be stated.
10. Malice, knowledge, etc.
11. Notice.
12. Implied contract, or relation.
13. Presumptions of law.
14. Pleading to be signed.
14A. Address for service of notice.
15. Verification of pleadings.
16. Striking out pleadings.
17. Amendment of pleadings.
18. Failure to amend after order
_______
ORDER VII
Plaint
1. Particulars to be contained in plaint.
2. In money suits.
3. Where the subject-matter of the suits immovable property.
4. When plaintiff sues as representative.
5. Defendant’s interest and liability to be shown.
6. Grounds of exemption from limitation law.
7. Relief to be specifically stated.
8. Relief founded on separate grounds.
9. Procedure on admitting plaint.
10. Return of plaint.
Procedure on returning plaint.
10A. Power of Court to fix a date of appearance in the Court where plaint is to be filed after its return.
10B. Power of Appellate Court to transfer suit to the proper Court.
11.Rejection of plaint.
12. Procedure on rejecting plaint.
13. Where rejection of plaint does not preclude presentation of fresh plaint.
52
Documents relied on in Plaint
RULES
14. Production of document on which plaintiff sues or relies.
List of other documents.
15. [Omitted.]
16. Suits on lost negotiable instruments.
17. Production of shop-book.
Original entry to be marked and returned.
18. [Omitted.]
_______
ORDER VIII
Written Statement, Set-off and Counter-Claim
1. Written statement.
1A. Duty of defendent to produce documents upon which relief is claimed or relief upon by him.
2. New facts must be specially pleaded.
3. Denial to be specific.
4. Evasive denial.
5. Specific denial.
6. Particulars of set-off to be given in written statement.
Effect of set-off.
6A. Counter-claim by defendant.
6B. Counter-claim to be stated.
6C. Exclusion of counter-claim.
6D. Effect of discountinuance of suit.
6E. Default of plaintiff to reply to counter-claim.
6F. Relief to defendant where counter-claim succeeds.
6G. Rules relating to written statement to apply.
7. Defence or set-off founded upon separate grounds.
8. New ground of defence.
8A. [Omitted.]
9. Subsequent pleadings.
10. Procedure when party fails to present written statement called for by Court.
_______
ORDER IX
Appearance of Parties and Consequence of Non-Appearance
1. Parties to appear on day fixed in summons for defendant to appear and answer.
2. Dismissal of suit where summons not served in consequence of plaintiff’s failure to pay costs.
3. Where neither party appears, suit to be dismissed.
4. Plaintiff may bring fresh suit or Court may restore suit to file.
5. Dismissal of suit where plaintiff, after summons returned unserved, fails for one month to apply for
fresh summons.
6. Procedure when only plaintiff appears.
When summons duly served.
When summons not duly served.
When summons served, but not in due time.
7. Procedure where defendant appears on day of adjourned hearing and assigns good cause for previous
non-appearance.
53
RULES
8. Procedure where defendant only appears.
9. Decree against plaintiff by default bars fresh suit.
10. Procedure in case of non-attendance of one or more of several plaintiffs.
11. Procedure in case of non-attendance of one or more of several defendants.
12. Consequence of non-attendance, without sufficient cause shown, of party ordered to appear in person.
Setting aside decrees ex parte
13. Setting aside decree ex parte against defendant.
14. No decree to be set aside without notice to opposite party.
______
ORDER X
Examination of Parties by the Court
1. Ascertainment whether allegations in pleadings are admitted or denied.
1A. Direction of the court to opt for any one mode of alternative dispute resolution.
1B. Appearance before the conciliatory forum or authority.
1C. Appearance before the court consequent to the failure of efforts of conciliation.
2. Oral examination of party, or companion of party.
3. Substance of exmination to be written.
4. Consequence of refusal or inability of pleader to answer.
______
ORDER XI
Discovery and Inspection
1. Discovery by interrogatories.
2. Particular interrogatories to be submitted.
3. Costs of interrogatories.
4. Form of interrogatories.
5. Corporations.
6. Objections to interrogatories by answer.
7. Setting aside and striking out interrogatories.
8. Affidavit in answer, filing.
9. Form of affidavit in answer.
10. No exception to be taken.
11. Order to answer or answer further.
12. Application for discovery of documents.
13. Affidavit of documents.
14. Production of documents.
15. Inspection of documents referred to in pleading or affidavits.
16. Notice to produce.
17. Time for inspection when notice given.
18. Order for inspection.
19. Verified copies.
20. Premature discovery.
21. Non-compliance with order for discovery.
22. Using answers to interrogatories at trial.
23. Order to apply to minors.
54
ORDER XII
Admissions
RULES
1. Notice of admission of case.
2. Notice to admit documents.
2A. Document to be deemed to be admitted if not denied after service of notice to admit documents.
3. Form of notice.
3A. Power of Court to record admission.
4. Notice to admit facts.
5. Form of admissions.
6. Judgment on admissions.
7. Affidavit of signature.
8. Notice to produce documents.
9. Costs.
_______
ORDER XIII
Production, Impounding And Return of Documents
1. Documents evidence to be produced at or before the settlement of issues.
2. [Omitted.]
3. Rejection of irrelevant or inadmissible documents.
4. Endorsements on documents admitted in evidence.
5. Endorsements on copies of admitted entries in books, accounts and records.
6. Endorsements on documents rejected as inadmissible in evidence.
7. Recording of admitted and return of rejected documents.
8. Court may order any document to be impounded.
9. Return of admitted documents.
10. Court may sent for papers from its own records or from other Courts.
11. Provisions as to documents applied to material objects.
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ORDER XIV
Settlement of Issues And Determination of Suit on Issues of Law or on
Issues Agreed Upon
1. Framing of issues.
2. Court to pronounce judgment on all issues.
3. Materials from which issues may be framed.
4. Court may examine witnesses or documents before framing issues.
5. Power to amend, and strike out, issues.
6. Questions of fact or law may by, agreement be stated in form of issues.
7. Court, if satisfied that agreement was executed in good faith, may pronounce judgment.
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ORDER XV
Disposal of the Suit at the First Hearing
1. Parties not at issue.
2. One of several defendants not at issue.
3. Parties at issue.
4. Failure to produce evidence.
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ORDER XVI
Summoning and Attendance of Witnesses
RULES
1. List of witnesses and summons to witnesses.
1A. Production of witnesses without summons.
2. Expenses of witness to be paid into Court on applying for summons.
Experts.
Scale of expenses.
Expenses to be directly paid to witnesses.
3. Tender of expenses to witness.
4. Procedure where insufficient sum paid in.
Expenses of witnesses detained more than one day.
5. Time, place and purpose of attendance to be specified in summons.
6. Summons to produce document.
7. Power to require persons present in Court to give evidence or produce document.
7A. Summons given to party for service.
8. Summons how served.
9. Time for serving summons.
10. Procedure where witness fails to comply with summons.
11. If witness appears, attachment may be withdrawn.
12. Procedure if witness fails to appear.
13. Mode of attachment.
14. Court may of its own accord summon as witnesses strangers to suit.
15. Duty of persons summoned to give evidence or produce document.
16. When they may depart.
17. Application of rules 10 to 13.
18. Procedure where witness apprehended cannot give evidence or produce document.
19. No witness to be ordered to attend in person unless resident within certain limits.
20. Consequence of refusal of party to give evidence when called on by Court.
21. Rules as to witnesses to apply to parties summoned.
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ORDER XVIA
Attendance of Witnesses Confined or Detained in Prisons
1. Definitions.
2. Power to require attendance of prisoners to give evidence.
3. Expenses to be paid into Court.
4. Power of State Government to exclude certain persons from the operation of rule 2.
5. Officer in charge of prison to abstain from carrying out order in certain cases.
6. Prisoner to be brought to Court in custody.
7. Power to issue commission for examination of witness in prison.
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ORDER XVII
Adjournments
RULES
1. Court may grant time and adjourn hearing.
Costs of adjournment.
2. Procedure if parties fail to appear on day fixed.
3. Court may proceed notwithstanding either party fails to produce evidence, etc.
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ORDER XVIII
Hearing of the Suit and Examination of Witnesses
1. Right to begin.
2. Statement and production of evidence.
3. Evidence where several issues.
3A. Party to appear before other witnesses.
4. Recording of evidence.
5. How evidence shall be taken in appealable cases.
6. When deposition to be interpreted.
7. Evidence under section 138.
8. Memorandum when evidence not taken down by judge.
9. When evidence may be taken in English.
10. Any particular question and answer may be taken down.
11. Questions objected to and allowed by Court.
12. Remarks on demeanour of witnesses.
13. Memorandum of evidence in unappealable cases.
14. [Repealed.]
15. Power to deal with evidence taken before another Judge.
16. Power to examine witness immediately.
17. Court may recall and examine witness.
17A. [Omitted.]
18. Power of Court to inspect.
19. Power to get statements recorded on commission.
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ORDER XIX
Affidavits
1. Power to order any point to be proved by affidavit.
2. Power to order attendance of deponent for cross-examination.
3. Matters to which affidavits shall be confined.
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ORDER XX
Judgment and Decree
1. Judgment when pronounced.
2. Power to pronounce judgment written by Judge‘s predecessor.
3. Judgment to be signed.
4. Judgments of Small Cause Courts.
Judgments of other Courts.
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RULES
5. Court to state its decision on each issue.
5A. Court to inform parties as to where an appeal lies in cases where parties are not represented by pleaders.
6. Contents of decree.
6A. Preparation of Decree.
6B. Copies of judgments when to be made available.
7. Date of decree.
8. Procedure where Judge has vacated office before signing decree.
9. Decree for recovery of immovable property.
10. Decree for delivery of movable property.
11. Decree may direct payment by instalments.
Order, after decree, for payment by instalments.
12. Decree for possession and mesne profits.
12A. Decree for specific performance of contract for the sale or lease of immovable property.
13. Decree in administration-suit.
14. Decree in pre-emption-suit.
15. Decree in suit for dissolution of partnership.
16. Decree in suit for account between principal and agent.
17. Special directions as to accounts.
18. Decree in suit for partition of property or separate possession of a share therein.
19. Decree when set-off or counter-claim is allowed.
Appeal from decree relating to set-off or counter-claim.
20. Certified copies of judgment and decree to be furnished.
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ORDER XXA
Costs
1. Provisions relating to certain items.
2. Costs to be awarded in accordance with the rules made by High Court.
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ORDER XXI
EXECUTION OF DECREES AND ORDERS
Payment under decree
1. Modes of paying money under decree.
2. Payment out of Court to decree-holder.
Courts executing decrees
3. Lands situate in more than one jurisdiction.
4. Transfer to Court of Small Causes.
5. Mode of transfer.
6. Procedure where Court desires that its own decree shall be executed by another Court.
7. Court receiving copies of decree, etc., to file same without proof.
8. Execution of decree or order by Court to which it is sent.
9. Execution by High court of decree transferred by other Court.
Application for execution
10. Application for execution.
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RULES
11. Oral application.
Written application.
11A. Application for arrest to state grounds.
12. Application for attachment of movable property not in judgment-debtor‘s possession.
13. Application for attachment of immovable property to contain certain particulars.
14. Power to require certified extract from Collector‘s register in certain cases.
15. Application for execution by joint decree-holder.
16. Application for execution by transferee of decree.
17. Procedure on receiving application for execution of decree.
18. Execution in case of cross-decrees.
19. Execution in case of cross-claims under same decree.
20. Cross-decrees and cross-claims in mortgage-suits.
21. Simultaneous execution.
22. Notice to show cause against execution in certain cases.
22A. Sale not to be set aside on the death of the judgment-debtor before the sale but after the service of
the proclamation of sale.
23. Procedure after issue of notice.
Process for execution
24. Process for execution.
25. Endorsement on process.
Stay of execution
26. When Court may stay execution.
Power to require security from, or impose conditions upon, judgment-debtor.
27. Liability of judgment-debtor discharged.
28. Order of Court which passed decree or of appellate Court to be binding upon Court applied to.
29. Stay of execution pending suit between decree-holder and judgment-debtor.
Mode of execution
30. Decree for payment of money.
31. Decree for specific movable property.
32. Decree for specific performance for restitution of conjugal rights or for an injunction.
33. Discretion of Court in executing decrees for restitution of conjugal rights.
34. Decree for execution of document, or endorsement of negotiable instrument.
35. Decree for immovavle property.
36. Decree for delivery of immovable property when in occupancy of tenant.
Arrest and detention in the civil prison
37. Discretionary power to permit judgment-debtor to show cause against detention in prison.
38. Warrant for arrest to direct judgment-debtor to be brought up.
39. Subsistence-allowance.
40. Proceedings on appearance of judgment-debtor in obedience to notice or after arrest.
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Attachment of property
RULES
41. Examination of judgment-debtor as to his property.
42. Attachment in case of decree for rent or mesne profits or other matter, amount of which to be subsequently
determined.
43. Attachment of movable property, other than agricultural produce, in possession of judgment-debtor.
43A. Custody of movable property.
44. Attachment of agricultural produce.
45. Provisions as to agricultural produce under attachment.
46. Attachment of debt, share and other property not in possession of judgment-debtor.
46A. Notice to garnishee.
46 B . Order against garnishee.
46 C. Trial of disputed questions.
46 D. Procedure where debt, belongs to third person.
46 E. Order as regards third person.
46 F. Payment by garnishee to be valid discharge.
46 G. Costs.
46 H. Appeals.
46 I. Application to negotiable instruments.
47. Attachment of share in movables.
48. Attachment of salary or allowances of servant of the Government or railway company or local authority.
48 A. Attachment of salary or allowances of private employees.
49. Attachment of partnership property.
50. Execution of decree against firm.
51. Attachment of negotiable instruments.
52. Attachment of property in custody of Court or public officer.
53. Attachment of decrees.
54. Attachment of immovable property.
55. Removal of attachment after satisfaction of decree.
56. Order for payment of coin or currency notes to party entitled under decree.
57. Determination of attachment.
Adjudication of claims and objections
58. Adjudication of claims to, or objections to attachment of property.
59. Stay of sale.
Sale generally
64. Power to order property attached to be sold and proceeds to be paid to person entitled.
65. Sales by whom conducted and how made.
66. Proclamation of sales by public auction.
67. Mode of making proclamation.
68. Time of sale.
69. Adjournment or stoppage of sale.
70. [Repealed.]
71. Defaulting purchaser answerable for loss on re-sale.
72. Decree-holder not to bid for or buy property without permission.
Where decree-holder purchases, amount of decree may be taken as payment.
72A. Mortgagee not to bid at sale without the leave of the Court.
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RULES
73. Restriction on bidding or purchase by officers.
Sale of movable property
74. Sale of agricultural produce.
75. Special provisions relating to growing crops.
76. Negotiable instruments and shares in corporations.
77. Sale by public auction.
78. Irregularity not to vitiate sale, but any person injured may sue.
79. Delivery of movable property, debts and shares.
80. Transfer of negotiable instruments and shares.
81. Vesting order in case of other property.
Sale of immovable property.
82. What Courts may order sales.
83. Postponement of sale to enable judgment-debtor to raise amount of decree.
84. Deposit by purchaser and re-sale on default.
85. Time for payment in full of purchase-money.
86. Procedure in default of payment.
87. Notification on re-sale.
88. Bid of co-sharer to have preference.
89. Application to set aside sale on deposit.
90. Application to set aside sale on ground of irregularity or fraud.
91. Application by purchaser to set aside sale on ground of judgment-debtor having no saleable interest.
92. Sale when to become absolute or be set aside.
93. Return of purchase-money in certain cases.
94. Certificate to purchaser.
95. Delivery of property in occupancy of judgment-debtor.
96. Delivery of property in occupancy of tenant.
Resistance to delivery of possession to decree-holder or purchaser
97. Resistance or obstruction to possession of immovable property.
98. Orders after adjudication.
99. Dispossession by decree-holder or purchaser.
100. Order to be passed upon application complaining of dispossession.
101. Question to be determined.
102. Rules not applicable to transferee pendente lite.
103. Orders to be treated as decrees.
104. Order under rule 101 or rule 103 to be subject to the result of pending suit.
105. Hearing of application.
106. Setting aside orders passed ex parte, etc.
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ORDER XXII
Death, Marriage and Insolvancy of Parties
1. No abatement by party’s death, if right to sue survives.
2. Procedure where one of several plaintiffs or defendants dies and right to sue survives.
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RULES
3. Procedure in case of death of one of several plaintiffs or of sole plaintiff.
4. Procedure in case of death of one of several defendants or of sole defendant.
4A. Procedure where there is no legal representative.
5. Determination of question as to legal representative.
6. No abatement by reason of death after hearing.
7. Suit not abated by marriage of female party.
8. When plaintiffs insolvency bars suit.
Procedure where assignee fails to continue suit or give security.
9. Effect of abatement or dismissal.
10. Procedure in case of assignment before final order in suit.
10A. Duty of pleader to communicate to Court death of a party.
11. Application of Order to appeals.
12. Application of Order to proceedings.
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ORDER XXIII
Wi