Indian Contract Act, 1872 · Chapter IX: Of Bailment · Bailments of pledges
Section 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.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 176
- Ptc India Financial Services Limited v. Venkateswarlu Kari and Another
- All India Power Engineer Federation & Ors. v. Sasan Power Ltd. & Ors. Etc.
- Infrastructure Leasing & Financial Services Limited v. B.P.L. Limited
- Maharashtra State Co-Operative Bank Ltd. v. The Assistant Provident Fund Commissioner and Ors.
- Central Bank of India v. Siriguppa Sugars & Chemicals Ltd. & Ors.
- Federal Bank Ltd. and Ors. v. State of Kerala and Ors.
- O. Konavalov v. Commander, Coast Guard Region and Ors.
- Mardia Chemicals Ltd. Etc. Etc. v. Union of India and Ors. Etc. Etc.
- Vimal Chandra Grover v. Bank of India
- Karnataka Pawn Brokers Asson. and Ors. Etc. v. State of Karnataka and Ors.