Section 41 of Indian Contract Act, 1872: Effect of Accepting Performance from Third Person

Section 41 explains the legal consequence when a promisee accepts performance of a contractual promise from a person other than the original promisor.

Updated: 20 September 2026

Text of Section 41

41. Effect of accepting performance from third person. - When a promisee accepts performance of the promise from a third person, he cannot afterwards enforce it against the promisor.

Meaning of Section 41

A promisee is the person to whom a proposal has been made and who accepts it, as understood from the definitions in Section 2 of the Indian Contract Act, 1872. A promisor is the person making the proposal after it has been accepted.

Section 41 applies where the promisee actually accepts performance of the contractual obligation from a third person. Once that performance has been accepted, the promisee cannot subsequently demand the same performance from the original promisor. In practical terms, accepted performance by the third person discharges the promisor in respect of that promise.

Essential Requirements

There must be an existing contractual promise.
Performance must be rendered by a third person rather than by the promisor.
The promisee must accept that performance.
After such acceptance, the promisee cannot enforce the same promise against the original promisor.

Relationship with Section 40

Section 40 of the Indian Contract Act, 1872 deals with the person by whom a promise is to be performed. Where the nature of the contract shows that personal performance by the promisor was intended, the promisor must perform it personally. In other cases, a competent person may be employed for performance. Section 41 addresses the separate consequence of the promisee accepting performance from a third person.

Simple Example

A owes B a contractual payment. C pays the amount to B on A's obligation, and B accepts that payment as performance of the promise. B cannot thereafter enforce the same payment obligation against A under Section 41.

Why Section 41 Matters

The provision prevents a promisee who has accepted performance of a promise from a third person from seeking the same performance again from the original promisor. The important factual question is whether the third person's act was accepted as performance of the contractual promise.

Official Text

The Indian Contract Act, 1872 is Central Act No. 9 of 1872. For the authoritative statutory text and current central legislation record, refer to the official India Code portal.

Official Indian Contract Act, 1872 - India Code

Legal note: This page explains the statutory provision in general terms. Application of Section 41 depends on the contract and the facts showing whether performance by the third person was in fact accepted by the promisee.