Indian Evidence Act, 1872 · Chapter VIII: Estoppel
Section 117: Estoppel of acceptor of bill of exchange, bailee or licensee
The Indian Evidence Act, 1872 was repealed and replaced by the Bharatiya Sakshya Adhiniyam, 2023 from 1 July 2024. It still applies to matters and proceedings from before that date, as the repealing law provides.
In plain words
An acceptor of a bill of exchange cannot deny that the drawer had authority to draw or endorse it, and a bailee or licensee cannot deny that the bailor or licensor had authority when the bailment or licence began.
- The acceptor can deny that the bill was really drawn by the person it appears to be drawn by.
- A bailee who delivered the goods to someone else can prove that person had a better right than the bailor.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
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. 1. Subs. by Act 13 of 2013, s. 26 (w.e.f. 3-2-2013). Earlier it was inserted by Act 43 of 1983, s. 6, (w.e.f. 25-12-1983).
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. 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.