Negotiable Instruments Act, 1881 · Chapter IV: Of Negotiation · O f p r e s e n t m e n t
Section 76: When presentment unnecessary
In plain words
Presentment for payment is not needed, and the instrument is dishonoured on the due date, in certain cases.
- If the maker, drawee or acceptor deliberately prevents presentment, closes their business during business hours, does not attend the specified place, or cannot be found.
- Against a party who has agreed to pay despite non-presentment.
- Against a party who, after maturity and knowing it was not presented, pays part, promises to pay, or otherwise waives the default.
- Against the drawer, if the drawer could not be harmed by the lack of presentment.
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 presentment for payment is necessary, and the instrument is dishonoured at the due date for presentment, in any of the following cases:—
(a) if the maker, drawee or acceptor intentionally prevents the presentment of the instrument, or,
if the instrument being payable at his place of business, he closes such place on a business day during the usual business hours, or,
if the instrument being payable at some other specified place, neither he nor any person authorized to pay it attends at such place during the usual business hours, or,
if the instrument not being payable at any specified place, he cannot after due search be found;
(b) as against any party sought to be charged therewith, if he has engaged to pay notwithstanding non-presentment;
(c) as against any party if, after maturity, with knowledge that the instrument has not been presented—
he makes a part payment on account of the amount due on the instrument,
or promises to pay the amount due thereon in whole or in part,
or otherwise waives his right to take advantage of any default in presentment for payment;
(d) as against the drawer, if the drawer could not suffer damage from the want of such presentment.
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 76
No Supreme Court judgment in our database cites this section yet.