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Section 47 of Negotiable Instruments Act 1881: Negotiation by Delivery

Section 47 (Negotiation by delivery) under Chapter IV (Of Negotiation) of the Negotiable Instruments Act, 1881 —

❝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.❞



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Notes:

(1) List of Amending Acts and Adaptation Orders

The Negotiable Instruments Act, 1881 (Act No. 26 of 1881) was amended by:

01. Negotiable Instruments Act, 1885 (Act No. 02 of 1885);
02. Amending Act, 1891 (Act No. 12 of 1891);
03. Negotiable Instruments (Amendment) Act, 1897 (Act No. 06 of 1897);
04. Decentralization Act, 1914 (Act No. 04 of 1914);
05. Negotiable Instruments (Amendment) Act, 1914 (Act No. 05 of 1914);
06. Negotiable Instruments (Amendment) Act, 1919 (Act No. 08 of 1919);
07. Negotiable Instruments (Amendment) Act, 1920 (Act No. 25 of 1920);
08. Negotiable Instruments (Amendment) Act, 1921 (Act No. 12 of 1921);
09. Negotiable Instruments (Amendment) Act, 1922 (Act No. 18 of 1922);
10. Negotiable Instruments (Amendment) Act, 1926 (Act No. 30 of 1926);
11. Negotiable Instruments (Amendment) Act, 1930 (Act No. 25 of 1930);
12. Negotiable Instruments (Amendment) Act, 1934 (Act No. 17 of 1934);
13. Government of India (Adaptation of Indian Laws) Order, 1937;
14. Negotiable Instruments (Amendment) Act, 1947 (Act No. 33 of 1947);
15. Indian Independence (Adaptation of Central Acts and Ordinances) Order, 1948;
16. Adaptation of Laws Order, 1950;
17. Part B States (Laws) Act, 1951 (Act No. 03 of 1951);
18. Negotiable Instruments (Amendment) Act, 1952 (Act No. 53 of 1952);
19. Negotiable Instruments (Amendment) Act, 1955 (Act No. 37 of 1955);
20. Jammu and Kashmir (Extension of Laws) Act, 1956 (Act No. 62 of 1956);
21. Repealing and Amending Act, 1957 (Act No. 36 of 1957);
22. Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988 (Act No. 66 of 1988);
23. The Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002 (Act No. 55 of 2002);
24. The Negotiable instruments (Amendment) Act, 2015 (Act No. 26 of 2015);
25. The Negotiable Instruments (Amendment) Act, 2018 (Act No. 20 of 2018).

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