Section 4 of the Negotiable Instruments Act 1881: Promissory Note

Section 4 defines a "promissory note" and states the legal elements that a written instrument must contain to qualify as a promissory note under the Negotiable Instruments Act, 1881.

ProvisionSection 4, Negotiable Instruments Act, 1881
SubjectDefinition of "Promissory note"
ChapterChapter II - Of Notes, Bills and Cheques
Central ActAct No. 26 of 1881

What is a Promissory Note under Section 4?

A promissory note is a written instrument by which its maker gives an unconditional undertaking to pay a certain sum of money only to, or to the order of, a certain person, or to the bearer of the instrument. A bank-note or currency-note is expressly excluded from this definition.

Section 4 - "Promissory note"

A "promissory note" is an instrument in writing (not being a bank-note or a currency-note) containing an unconditional undertaking signed by the maker, to pay a certain sum of money only to, or to the order of, a certain person, or to the bearer of the instrument.

Essential requirements of a Promissory Note

The statutory definition in Section 4 identifies the basic requirements of a promissory note. The document should be read as a whole to determine whether these requirements are satisfied.

Statutory illustrations to Section 4

The illustrations in Section 4 show the distinction between an enforceable promise of the statutory kind and language that does not satisfy the definition.

IllustrationTerms of instrumentResult under Section 4
(a)"I promise to pay B or order Rs. 500."Promissory note
(b)"I acknowledge myself to be indebted to B in Rs. 1,000, to be paid on demand, for value received."Promissory note
(c)"Mr. B, I O U Rs. 1,000."Not a promissory note
(d)"I promise to pay B Rs. 500 and all other sums which shall be due to him."Not a promissory note
(e)"I promise to pay B Rs. 500, first deducting thereout any money which he may owe me."Not a promissory note
(f)"I promise to pay B Rs. 500 seven days after my marriage with C."Not a promissory note
(g)"I promise to pay B Rs. 500 on D's death, provided D leaves me enough to pay that sum."Not a promissory note
(h)"I promise to pay B Rs. 500 and to deliver to him my black horse on 1st January next."Not a promissory note

Why illustrations (a) and (b) qualify

Illustration (a) contains an express promise to pay a specified amount to B or order. Illustration (b), although framed as an acknowledgement of indebtedness, also states that the specified amount is "to be paid on demand." Section 4 itself declares both instruments to be promissory notes.

Why illustrations (c) to (h) do not qualify

The remaining illustrations demonstrate defects such as the absence of an undertaking to pay, uncertainty in the amount, a conditional promise, or an undertaking involving something in addition to money. Section 4 expressly states that instruments (c), (d), (e), (f), (g) and (h) are not promissory notes.

Legal context: Section 4 is the definition provision for a promissory note. Other provisions of the Negotiable Instruments Act may govern matters such as parties, payment, consideration, delivery, negotiation and enforcement. The legal effect of a particular document depends on its terms and the applicable facts.

Official source

The authoritative Central legislation may be checked on India Code, the Government of India legislative database.

India Code - Government of India