Section 44 Indian Contract Act 1872 - Effect of Release of One Joint Promisor

Section 44 of the Indian Contract Act, 1872 explains what happens when a promisee releases one person from a joint promise. The release does not, merely by itself, discharge the other joint promisors. It also does not extinguish the released promisor's responsibility toward the other joint promisors.

Text of Section 44 - Effect of Release of One Joint Promisor

Section 44. Where two or more persons have made a joint promise, a release of one of such joint promisors by the promisee does not discharge the other joint promisor or joint promisors; neither does it free the joint promisor so released from responsibility to the other joint promisor or joint promisors.

The provision forms part of the rules governing performance of joint promises under the Indian Contract Act, 1872. In practical terms, a promisee may release one joint promisor without automatically releasing the remaining joint promisors from the contractual obligation.

Meaning of Section 44

A joint promise arises where two or more persons undertake the same promise together. The persons making the promise are joint promisors, while the person to whom the promise is made is the promisee.

A release, in the context of Section 44, refers to the promisee releasing a joint promisor from liability to the promisee. Section 44 expressly preserves two consequences: the other joint promisors remain liable, and the released joint promisor may still remain responsible to the other joint promisors in their internal relationship.

Releasing one joint promisor does not automatically discharge the remaining joint promisors.
The released joint promisor is not necessarily freed from responsibility toward the other joint promisors.
The provision should be read with Section 42 and Section 43, which deal with joint liabilities and contribution among joint promisors.

How Section 44 Works

Suppose A, B and C jointly promise to pay a contractual debt to D. If D releases A, Section 44 provides that the release of A does not by itself discharge B and C. D may continue to enforce the surviving liability in accordance with the contract and the applicable provisions of the Act.

At the same time, the second part of Section 44 protects the internal rights of joint promisors. A release granted by the promisee does not automatically eliminate the released promisor's responsibility toward the other joint promisors. This is important where contribution or adjustment between the joint promisors becomes relevant.

Relationship with Section 43

Section 43 of the Indian Contract Act, 1872 deals with the promisee's right, in the absence of an express agreement to the contrary, to compel any one or more joint promisors to perform the whole promise. It also provides rules concerning contribution among joint promisors.

Section 44 complements that rule by making clear that a promisee's release of one joint promisor does not automatically release the others and does not automatically destroy the released promisor's responsibility toward co-promisors.

Section 44 and Release of a Surety

Section 44 deals generally with joint promisors. A contract of guarantee is separately governed by the provisions concerning suretyship. In particular, Section 138 of the Indian Contract Act, 1872 states that where there are co-sureties, a release by the creditor of one of them does not discharge the others and does not free the released surety from responsibility to the other sureties.

Legal note: The effect of a release can depend on the terms of the contract, the nature of the parties' obligations and other applicable provisions of the Indian Contract Act, 1872. Section 44 should therefore be applied to the facts and contractual documents of the particular case.

Official Text of the Indian Contract Act, 1872

For the authoritative statutory text and current central legislation database, refer to the Government of India's official legal resources:

Indian Contract Act, 1872 - official India Code PDF
India Code - Government of India
Legislative Department, Ministry of Law and Justice

Frequently Asked Questions

Does release of one joint promisor release all joint promisors?

No. Section 44 expressly provides that release of one joint promisor by the promisee does not discharge the other joint promisor or joint promisors.

Is the released joint promisor completely free from liability?

Not necessarily. Although the promisee has released that promisor, Section 44 states that the release does not free the released joint promisor from responsibility to the other joint promisor or joint promisors.

Which provisions should be read with Section 44?

For joint promises, Sections 42, 43, 44 and 45 provide the immediate statutory framework. Section 138 contains a corresponding rule concerning release of one co-surety.