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TypeBare Act JurisdictionCentral Government

Negotiable Instruments Act, 1881

Complete Act - all sections

~11 min read
https://sooperkanoon.com/act/50934

Bare act · Research

About this act

Negotiable Instruments Act, 1881 is Central state legislation published on SooperKanoon in full. Use this page to read the bare act and jump to judgments that cite it.

Research copy - verify against official government publications before filing or court use.

Act Text

Section1 - Short title.—This Act may be called the Negotiable Instruments Act,
Section2 - The words “except the State of Jammu and Kashmir”, which were subs. by Act 3 of 1951, for “except Part B States”,
Section3 - Interpretation-clause.—In this Act—
Section4 - Definition of the word “India”, which was subs. by Act 3 of 1951, for the definition of the word “State”, omitted by
Section5 - Subs. by Act 37 of 1955, s. 2, for the definition of the word “banker”
Section6 - Omitted by Act 53 of 1952, s. 16
Section11 - Inland instrument.—A promissory note, bill of exchange or cheque drawn or made in 2[India] and made payable in, or
Section12 - Foreign instrument. —Any such instrument not so drawn, made or made payable shall be deemed to be a foreign instrument
Section14 - Negotiation.—When a promissory note, bill of exchange or cheque is transferred to any person, so as to constitute that
Section15 - Indorsement.—When the maker or holder of a negotiable instrument signs the same, otherwise than as such maker, for the
Section16 - Indorsement “in blank” and “in full”.— 5 [
Section17 - Ambiguous instruments.—Where an instrument may be construed either as a promissory note or bill of exchange, the holder
Section18 - Where amount is stated differently in figures and words.—If the amount undertaken or ordered to be paid is stated
Section19 - Instruments payable on demand.—A promissory note or bill of exchange, in which no time for payment is specified, and a
Section20 - Inchoate stamped instruments.—Where one person signs and delivers to another a paper stamped in accordance with the law
Section23 - Calculating maturity of bill or note payable so many months after date or sight.—In calculating the date at which a
Section24 - Calculating maturity of bill or note payable so many days after date or sight.—In calculating the date at which a
Section25 - When day of maturity is a holiday.—When the day on which a promissory note or bill of exchange is at maturity is a
Section26 - Capacity to make, etc., promissory notes, etc.—Every person capable of contracting, according to the law to which he is
Section27 - Agency.— Every person capable of binding himself or of being bound, as mentioned in section 26, may so bind himself or
Section28 - Liability of agent signing.—An agent who signs his name to a promissory note, bill of exchange or cheque without
Section29 - Liability of legal representative signing.—A legal representative of a deceased person who signs his name to a
Section30 - Liability of drawer.—The drawer of a bill of exchange or cheque is bound, in case of dishonour by the drawee or
Section31 - Liability of drawee of cheque.—The drawee of a cheque having sufficient funds of the drawer in his hands properly
Section32 - Liability of maker of note and acceptor of bill.—In the absence of a contract to the contrary, the maker of a
Section33 - Only drawee can be acceptor except in need or for honour.—No person except the drawee of a bill exchange, or all or
Section34 - Acceptance by several drawees not partners.—Where there are several drawees of a bill of exchange who are not partners,
Section35 - Liability of indorser.—In the absence of a contract to the contrary, whoever indorses and delivers a negotiable
Section36 - Liability of prior parties to holder in due course.—Every prior party to a negotiable instrument is liable thereon to a
Section37 - Maker, drawer and acceptor principals.—The maker of a promissory note or cheque, the drawer of a bill of exchange until
Section38 - Prior party a principal in respect of each subsequent party.—As between the parties so liable as sureties, each prior
Section39 - Suretyship.—When the holder of an accepted bill of exchange enters into any contract with the acceptor which, under
Section40 - Discharge of indorser's liability.—Where the holder of a negotiable instrument, without the consent of the indorser,
Section41 - Acceptor bound, although, indorsement forged.—An acceptor of a bill of exchange already indorsed is not relieved from
Section43 - Negotiable instrument made, etc., without consideration.—A negotiable instrument made, drawn, accepted, indorsed or
Section44 - Partial absence or failure of money-consideration.—When the consideration for which a person signed a promissory note,
Section45 - Partial failure of consideration not consisting of money.—Where a part of the consideration for which a person signed a
Section46 - Delivery.—The making, acceptance or indorsement of a promissory note, bill of exchange or cheque is completed by
Section47 - Negotiation by delivery.—Subject to the provisions of section 58, a promissory note, bill of exchange or cheque payable
Section48 - Negotiation by indorsement.—Subject to the provisions of section 58, a promissory note, bill of exchange or cheque
Section49 - Conversion of indorsement in blank into indorsement in full.—The holder of a negotiable instrument indorsed in blank
Section50 - Effect of indorsement.—The indorsement of a negotiable instrument followed by delivery transfers to the indorsee the
Section51 - Who may negotiate.—Every sole maker, drawer, payee or indorsee, or all of several joint makers, drawers, payees or
Section52 - Indorser who excludes his own liability or makes it conditional.—The indorser of a negotiable instrument may, by
Section53 - Holder deriving title from holder in due course.—A holder of a negotiable instrument who derives title from a holder in
Section54 - Instrument indorsed in blank.—Subject to the provisions hereinafter contained as to crossed cheques, a negotiable
Section55 - Conversion of indorsement in blank into indorsement in full.—If a negotiable instrument, after having been indorsed in
Section56 - Indorsement for part of sum due.—No writing on a negotiable instrument is valid for the purpose of negotiation if such
Section57 - Legal representative cannot by delivery only negotiate instrument indorsed by deceased.— The legal representative of a
Section58 - Instrument obtained by unlawful means or for unlawful consideration.—When a negotiable instrument has been lost, or has
Section59 - Instrument acquired after dishonour or when overdue.—The holder of a negotiable instrument, who has acquired it after
Section60 - Instrument negotiable till payment or satisfaction.—A negotiable instrument may be negotiated
Section61 - Presentment for acceptance.—A bill of exchange payable after sight must, if no time or place is specified therein for
Section62 - Presentment of promissory note for sight.—A promissory note, payable at a certain period after sight, must be presented
Section63 - Drawee’s time for deliberation.—The holder must, if so required by the drawee of a bill of exchange presented to him
Section64 - Presentment for payment.—3[
Section65 - Hours for presentment—Presentment for payment must be made during the usual hours of business and, if at a banker's
Section66 - Presentment for payment of instrument payable after date or sight—A promissory note or bill of exchange, made payable
Section67 - Presentment for payment of promissory note payable by instalments.—A promissory note payable by instalments must be
Section68 - Presentment for payment of instrument payable at specified place and not elsewhere.—A promissory note, bill of exchange
Section69 - Instrument payable at specified place.—A promissory note or bill of exchange made, drawn or accepted payable at a
Section70 - Presentment where no exclusive place specified.—A promissory note or bill of exchange, not made payable as mentioned in
Section71 - Presentment when maker, etc., has no known place of business or residence.—If the maker, drawee or acceptor of a
Section72 - Presentment of cheque to charge drawer.— 1[Subject to the provisions of section 84,] a cheque must, in order to charge
Section73 - Presentment of cheque to charge any other person.—A cheque must, in order to charge any person except the drawer, be
Section74 - Presentment of instrument payable on demand.—Subject to the provisions of section 31, a negotiable instrument payable
Section75 - Presentment by or to agent, representative of deceased, or assignee of insolvent.— Presentment for acceptance or
Section76 - When presentment unnecessary.—No presentment for payment is necessary, and the instrument is dishonoured at the due
Section77 - Liability of banker for negligently dealing with bill presented for payment.—When a bill of exchange, accepted payable
Section79 - Interest when rate specified.—When interest at a specified rate is expressly made payable on a promissory note or bill
Section80 - Interest when no rate specified.— When no rate of interest is specified in the instrument, interest on the amount due
Section81 - Delivery of instrument on payment or indemnity in case of loss.—3[
Section82 - Discharge from liability.—The maker, acceptor or indorser respectively of a negotiable instrument is discharged from
Section83 - Discharge by allowing drawee more than forty-eight hours to accept.—If the holder of a bill of exchange allows the
Section85 - Cheque payable to order.—3[
Section86 - Parties not consenting discharged by qualified or limited acceptance.—If the holder of a bill of exchange acquiesces in
Section87 - Effect of material alteration.—Any material alteration of a negotiable instrument renders the same void as against
Section88 - Acceptor or indorser bound notwithstanding previous alteration.—An acceptor or indorser of a negotiable instrument is
Section89 - Payment of instrument on which alteration is not apparent.—1[
Section90 - Extinguishment of rights of action on bill in acceptor's hands.—If a bill of exchange which has been negotiated is, at
Section91 - Dishonour by non-acceptance.—A bill of exchange is said to be dishonoured by non-acceptance when the drawee, or one of
Section92 - Dishonour by non-payment.—A promissory note, bill of exchange or cheque is said to be dishonoured by non-payment when
Section93 - By and to whom notice should be given.—When a promissory note, bill of exchange or cheque is dishonoured by
Section94 - Mode in which notice may be given.—Notice of dishonour may be given to a duly authorized agent of the person to whom it
Section95 - Party receiving must transmit notice of dishonour.—Any party receiving notice of dishonour must, in order to render any
Section96 - Agent for presentment.—When the instrument is deposited with an agent for presentment, the agent is entitled to the
Section97 - When party to whom notice given is dead.—when the party to whom notice of dishonour is dispatched is dead, but the
Section98 - When notice of dishonour is unnecessary.—No notice of dishonour is necessary—
Section99 - Noting.—When a promissory note or bill of exchange has been dishonoured by non-acceptance or non-payment, the holder
Section100 - Protest.—When a promissory note or bill of exchange has been dishonoured by non-acceptance or non-payment, the holder
Section101 - Contents of protest.—A protest under section 100 must contain—
Section102 - Notice of protest.—When a promissory note or bill of exchange is required by law to be protested, notice of such
Section103 - Protest for non-payment after dishonour by non-acceptance.—All bills of exchange drawn payable at some other place than
Section104 - Protest of foreign bills.—Foreign bills of exchange must be protested for dishonour when such protest is required by
Section105 - Reasonable time.—In determining what is a reasonable time for presentment for acceptance or payment, for giving notice
Section106 - Reasonable time of giving notice of dishonour.—If the holder and the party to whom notice of dishonour is given carry
Section107 - Reasonable time for transmitting such notice.—A party receiving notice of dishonour, who seeks to enforce his right
Section108 - Acceptance for honour.—When a bill of exchange has been noted or protested for non- acceptance or for better security,
Section109 - How acceptance for honour must be made.—A person desiring to accept for honour must, 2
Section110 - Acceptance not specifying for whose honour it is made.—Where the acceptance does not express for whose honour it is
Section111 - Liability of acceptor for honour.—An acceptor for honour binds himself to all parties subsequent to the party for whose
Section112 - When acceptor for honour may be charged.—An acceptor for honour cannot be charged unless the bill has at its maturity
Section113 - Payment for honour.—When a bill of exchange has been noted or protested for non-payment, any person may pay the same
Section114 - Right of payer for honour.—Any person so paying is entitled to all the rights in respect of the bill, of the holder at
Section115 - Drawee in case of need.—Where a drawee in case of need is named in a bill of exchange, or in any indorsement thereon,
Section116 - Acceptance and payment without protest.—A drawee in case of need may accept and pay the bill of exchange without
Section117 - Rules as to compensation.—The compensation payable in case of dishonour of a promissory note, bill of exchange or
Section118 - Presumptions as to negotiable instruments.—Until the contrary is proved, the following presumptions shall be made:—
Section119 - Presumption on proof of protest.—Ina suit upon an instrument which has been dishonoured, the Court shall, on proof of
Section120 - Estoppel against denying original validity of instrument.—No maker of a promissory note, and no drawer of a bill of
Section121 - Estoppel against denying capacity of payee to indorse.—No maker of a promissory note and no acceptor of a bill of
Section122 - Estoppel against denying signature or capacity of prior party.—No indorser of a negotiable instrument shall, in a suit
Section123 - Cheque crossed generally.—Where a cheque bears across its face an addition of the words “and company” or any
Section124 - Cheque crossed specially.—Where a cheque bears across its face an addition of the name of a banker, either with or
Section125 - Crossing after issue.—Where a cheque is uncrossed, the holder may cross it generally or specially
Section126 - Payment of cheque crossed generally.—Where a cheque is crossed generally, the banker on whom it is drawn shall not pay
Section127 - Payment of cheque crossed specially more than once.—Where a cheque is crossed specially to more than one banker, except
Section128 - Payment in due course of crossed cheque.—Where the banker on whom a crossed cheque is drawn has paid the same in due
Section129 - Payment of crossed cheque out of due course.—Any banker paying a cheque crossed generally otherwise than to a banker,
Section130 - Cheque bearing “not negotiable”.—A person taking a cheque crossed generally or specially, bearing in either case the
Section131 - Non-liability of banker receiving payment of cheque.—A banker who has in good faith and without negligence received
Section132 - Set of bills.—Bills of exchange may be drawn in parts, each part being numbered and containing a provision that it
Section133 - Holder of first acquired part entitled to all—As between holders in due course of different parts of the same set, he
Section134 - Law governing liability of maker, acceptor or indorser of foreign instrument.—In the absence of a contract to the
Section135 - Law of place of payment governs dishonour.—Where a promissory note, bill of exchange or cheque is made payable in a
Section136 - Instrument made, etc., out of India, but in accordance with the law of India.—If a negotiable instrument is made,
Section137 - Presumption as to foreign law.—The law of any foreign country 1*** regarding promissory notes, bills of exchange and
Section138 - Dishonour of cheque for insufficiency, etc., of funds in the account.—Where any cheque drawn by a person on an account
Section139 - Presumption in favour of holder.—It shall be presumed, unless the contrary is proved, that the holder of a cheque
Section140 - Defence which may not be allowed in any prosecution under section 138.—Itshall not be a defence in a prosecution for an
Section141 - Offences by companies.—
Section142 - Cognizance of offences.—1[
Section143A - (2) The amount referred to in sub-section
Section144 - Mode of service of summons.—
Section145 - Evidence on affidavit.—
Section146 - Bank’s slip prima facie evidence of certain facts.—The Court shall, in respect of every proceeding under this Chapter,
Section147 - Offences to be compoundable.—Notwithstanding anything contained in the Code of Criminal Procedure, 1973

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What is the Negotiable Instruments Act, 1881?

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