Chapters of The Negotiable Instruments Act 1881 [PDF]

  1. Preliminary
    Defines key terms and sets the framework for the Act. It includes definitions of negotiable instruments and provides general principles for their usage.
  2. Of Notes, Bills, and Cheques
    Describes what constitutes a negotiable instrument, specifically promissory notes, bills of exchange, and cheques. It outlines their form, characteristics, and legal requirements.
  3. Parties to Notes, Bills, and Cheques
    Identifies the parties involved in a negotiable instrument, such as the maker, drawer, payee, drawee, and endorser. It also explains the rights and duties of each party.
  4. Of Negotiation
    Explains how a negotiable instrument can be transferred (negotiated) from one party to another. It includes rules on endorsement and delivery.
  5. Of Presentment
    Covers the process of presenting a negotiable instrument for payment or acceptance. It includes requirements for the time, place, and manner of presentment.
  6. Of Payment and Interest
    Deals with the payment of negotiable instruments and the conditions under which interest is payable on overdue amounts.
  7. Of Discharge from Liability on Notes, Bills, and Cheques
    Explains the various ways in which a person can be released from liability under a negotiable instrument, such as through payment or agreement.
  8. Of Notice of Dishonour
    Discusses the requirement for notifying parties when a negotiable instrument is dishonoured (e.g., when a cheque bounces or a bill isn’t accepted).
  9. Of Noting and Protest
    Describes the procedures of noting (recording) and protesting a dishonoured instrument. This is important for future legal actions related to dishonoured instruments.
  10. Of Reasonable Time
    Sets out the concept of “reasonable time” for the presentment, acceptance, and payment of negotiable instruments, offering guidelines for what constitutes a reasonable period.
  11. Of Acceptance and Payment for Honour and Reference in Case of Need
    Deals with special circumstances where a third party may step in to accept or pay a negotiable instrument to protect the interests of the holder.
  12. Of Compensation
    Explains the rights to compensation if there is a wrongful dishonour of a negotiable instrument or failure to fulfil a legal obligation.
  13. Special Rules of Evidence
    Lists exceptions to the normal rules of evidence in court cases related to negotiable instruments, focusing on the admissibility of certain documents and practices.
  14. Of Crossed Cheque
    Describes the process and implications of crossing a cheque, i.e., writing two parallel lines across a cheque to ensure it is deposited into a bank rather than cashed directly.
  15. Of Bills in Sets
    Discusses the issuance and handling of bills of exchange in sets, where multiple identical instruments are issued to facilitate trade and payment.
  16. Of International Law
    Addresses issues related to international trade, including the application of negotiable instrument law across borders and between different jurisdictions.
  17. Of Penalties in Case of Dishonour of Certain Cheques for Insufficiency of Funds in the Accounts
    Specifies penalties for dishonouring cheques due to insufficient funds in the account, including fines and potential legal consequences.

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राष्‍ट्रीय अन्वेषण अभिकरण अधिनियम, 2008

Chapter No. Negotiable Instruments Act 1881Chapter Name Negotiable Instruments Act 1881
1PRELIMINARY
2OF NOTES, BILLS AND CHEQUES
3PARTIES TO NOTES, BILLS AND CHEQUES
4OF NEGOTIATION
5OF PRESENTMENT
6OF PAYMENT AND INTEREST
7OF DISCHARGE FROM LIABILITY ON NOTES, BILLS AND CHEQUES
8OF NOTICE OF DISHONOUR
9OF NOTING AND PROTEST
10OF REASONABLE TIME
11OF ACCEPTANCE AND PAYMENT FOR HONOUR AND REFERENCE IN CASE OF NEED
12OF COMPENSATION
13SPECIAL RULES OF EVIDENCE
14OF CROSSED CHEQUE
15OF BILLS IN SETS
16OF INTERNATIONAL LAW
17OF PENALTIES IN CASE OF DISHONOUR OF CERTAIN CHEQUES FOR INSUFFICIENCY OF FUNDS IN THE ACCOUNTS

1. What is a negotiable instrument? A negotiable instrument is a written document that promises or orders payment of money, such as cheques, promissory notes, and bills of exchange.

2. What are the types of negotiable instruments?

  • Promissory Notes
  • Bills of Exchange
  • Cheques

3. Who are the parties involved?

  • Drawer: The person who creates the instrument.
  • Drawee: The person or entity to whom the instrument is addressed.
  • Payee: The person receiving the payment.
  • Endorser: The person transferring the instrument.
  • Endorsee: The person receiving it.

4. What is dishonour of a cheque? It occurs when a cheque cannot be paid due to insufficient funds or other issues like incorrect signature.

5. What is a crossed cheque? A cheque marked with two parallel lines, which must be deposited into a bank account and cannot be cashed directly.

6. What are penalties for dishonouring a cheque? Under Section 138, the drawer may face fines or imprisonment for dishonouring a cheque due to insufficient funds.

7. What is “noting and protest”? Noting is recording a dishonoured instrument, and protest is an official declaration of dishonour, often required for bills of exchange.

8. What does “discharge from liability” mean? It refers to being freed from the obligation to pay on a negotiable instrument, typically through payment or mutual agreement.

9. What are bills in sets? Bills of exchange issued in multiple identical parts. Only the first part is valid for payment.

10. What is the role of the court? Courts resolve disputes related to dishonoured negotiable instruments and can take criminal or civil action depending on the case.

All 155 Sections of the Negotiable Instruments Act 1881

Sec. 1 – 148
Sec. 1 Short title → Sec. 2 [Repealed.] → Sec. 3 Interpretation-clause → Sec. 4 ''Promissory note'' → Sec. 5 ''Bill of exchange'' → Sec. 6 ''Cheque'' → Sec. 7 ''Drawer.'' → Sec. 8 ''Holder'' → Sec. 9 ''Holder in due course'' → Sec. 10 ''Payment in due course'' → Sec. 11 Inland instrument → Sec. 12 Foreign instrument → Sec. 13 ''Negotiable instrument'' → Sec. 14 Negotiation → Sec. 15 Indorsement → Sec. 16 Indorsement ''in blank'' and ''in full'' → Sec. 17 Ambiguous instruments → Sec. 18 Where amount is stated differently in figures and words → Sec. 19 Instruments payable on demand → Sec. 20 Inchoate stamped instruments → Sec. 21 ''At sight'' → Sec. 22 ''Maturity'' → Sec. 23 Calculating maturity of bill or note payable so many months after date or sight → Sec. 24 Calculating maturity of bill or note payable so many days after date or sight → Sec. 25 When day of maturity is a holiday → Sec. 26 Capacity to make, etc., promissory notes, etc → Sec. 27 Agency → Sec. 28 Liability of agent signing → Sec. 29 Liability of legal representative signing → Sec. 30 Liability of drawer → Sec. 31 Liability of drawee of cheque → Sec. 32 Liability of maker of note and acceptor of bill → Sec. 33 Only drawee can be acceptor except in need or for honour → Sec. 34 Acceptance by several drawees not partners → Sec. 35 Liability of indorser → Sec. 36 Liability of prior parties to holder in due course → Sec. 37 Maker, drawer and acceptor principals → Sec. 38 Prior party a principal in respect of each subsequent party → Sec. 39 Suretyship → Sec. 40 Discharge of indorser's liability → Sec. 41 Acceptor bound, although, indorsement forged → Sec. 42 Acceptance of bill drawn in fictitious name → Sec. 43 Negotiable instrument made, etc., without consideration → Sec. 44 Partial absence or failure of money-consideration → Sec. 45 Partial failure of consideration not consisting of money → Sec. 45A Holder's right to duplicate of lost bill → Sec. 46 Delivery → Sec. 47 Negotiation by delivery → Sec. 48 Negotiation by indorsement → Sec. 49 Conversion of indorsement in blank into indorsement in full → Sec. 50 Effect of indorsement → Sec. 51 Who may negotiate → Sec. 52 Indorser who excludes his own liability or makes it conditional → Sec. 53 Holder deriving title from holder in due course → Sec. 54 Instrument indorsed in blank → Sec. 55 Conversion of indorsement in blank into indorsement in full → Sec. 56 Indorsement for part of sum due → Sec. 57 Legal representative cannot by delivery only negotiate instrument indorsed by deceased → Sec. 58 Instrument obtained by unlawful means or for unlawful consideration → Sec. 59 Instrument acquired after dishonour or when overdue → Sec. 60 Instrument negotiable till payment or satisfaction → Sec. 61 Presentment for acceptance → Sec. 62 Presentment of promissory note for sight → Sec. 63 Drawee's time for deliberation → Sec. 64 Presentment for payment → Sec. 65 Hours for presentment → Sec. 66 Presentment for payment of instrument payable after date or sight → Sec. 67 Presentment for payment of promissory note payable by instalments → Sec. 68 Presentment for payment of instrument payable at specified place and not elsewhere → Sec. 69 Instrument payable at specified place → Sec. 70 Presentment where no exclusive place specified → Sec. 71 Presentment when maker, etc., has no known place of business or residence → Sec. 72 Presentment of cheque to charge drawer → Sec. 73 Presentment of cheque to charge any other person → Sec. 74 Presentment of instrument payable on demand → Sec. 75 Presentment by or to agent, representative of deceased, or assignee of insolvent → Sec. 75A Excuse for delay in presentment for acceptance or payment → Sec. 76 When presentment unnecessary → Sec. 77 Liability of banker for negligently dealing with bill presented for payment → Sec. 78 To whom payment should be made → Sec. 79 Interest when rate specified → Sec. 80 Interest when no rate specified → Sec. 81 Delivery of instrument on payment or indemnity in case of loss → Sec. 82 Discharge from liability → Sec. 83 Discharge by allowing drawee more than forty-eight hours to accept → Sec. 84 When cheque not duly presented and drawer damaged thereby → Sec. 85 Cheque payable to order → Sec. 85A Drafts drawn by one branch of a bank on another payable to order → Sec. 86 Parties not consenting discharged by qualified or limited acceptance → Sec. 87 Effect of material alteration → Sec. 88 Acceptor or indorser bound notwithstanding previous alteration → Sec. 89 Payment of instrument on which alteration is not apparent → Sec. 90 Extinguishment of rights of action on bill in acceptor's hands → Sec. 91 Dishonour by non-acceptance → Sec. 92 Dishonour by non-payment → Sec. 93 By and to whom notice should be given → Sec. 94 Mode in which notice may be given → Sec. 95 Party receiving must transmit notice of dishonour → Sec. 96 Agent for presentment → Sec. 97 When party to whom notice given is dead → Sec. 98 When notice of dishonour is unnecessary → Sec. 99 Noting → Sec. 100 Protest → Sec. 101 Contents of protest → Sec. 102 Notice of protest → Sec. 103 Protest for non-payment after dishonour by non-acceptance → Sec. 104 Protest of foreign bills → Sec. 104A When noting equivalent to protest → Sec. 105 Reasonable time → Sec. 106 Reasonable time of giving notice of dishonour → Sec. 107 Reasonable time for transmitting such notice → Sec. 108 Acceptance for honour → Sec. 109 How acceptance for honour must be made → Sec. 110 Acceptance not specifying for whose honour it is made → Sec. 111 Liability of acceptor for honour → Sec. 112 When acceptor for honour may be charged → Sec. 113 Payment for honour → Sec. 114 Right of payer for honour → Sec. 115 Drawee in case of need → Sec. 116 Acceptance and payment without protest → Sec. 117 Rules as to compensation → Sec. 118 Presumptions as to negotiable instruments → Sec. 119 Presumption on proof of protest → Sec. 120 Estoppel against denying original validity of instrument → Sec. 121 Estoppel against denying capacity of payee to indorse → Sec. 122 Estoppel against denying signature or capacity of prior party → Sec. 123 Cheque crossed generally → Sec. 124 Cheque crossed specially → Sec. 125 Crossing after issue → Sec. 126 Payment of cheque crossed generally → Sec. 127 Payment of cheque crossed specially more than once → Sec. 128 Payment in due course of crossed cheque → Sec. 129 Payment of crossed cheque out of due course → Sec. 130 Cheque bearing ''not negotiable'' → Sec. 131 Non-liability of banker receiving payment of cheque → Sec. 131A Application of Chapter to drafts → Sec. 132 Set of bills → Sec. 133 Holder of first acquired part entitled to → Sec. 134 Law governing liability of maker, acceptor or indorser of foreign instrument → Sec. 135 Law of place of payment governs dishonour → Sec. 136 Instrument made, etc., out of India, but in accordance with the law of India → Sec. 137 Presumption as to foreign law → Sec. 138 Dishonour of cheque for insufficiency, etc., of funds in the account → Sec. 139 Presumption in favour of holder → Sec. 140 Defence which may not be allowed in any prosecution under section 138 → Sec. 141 Offences by companies → Sec. 142 Cognizance of offences → Sec. 142A Validation for transfer of pending cases → Sec. 143 Power of Court to try cases summarily → Sec. 143A Power to direct interim compensation → Sec. 144 Mode of service of summons → Sec. 145 Evidence on affidavit → Sec. 146 Bank's slip prima facie evidence of certain facts → Sec. 147 Offences to be compoundable → Sec. 148 Power of Appellate Court to order payment pending appeal against conviction →

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