Central · Act 26 of 1881

Section 5 — ''Bill of exchange''.

The Negotiable Instruments Act, 1881

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A "bill of exchange" is an instrument in writing containing an unconditional order, signed by the maker, directing a certain person 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 promise or order to pay is not "conditional", within the meaning of this section and section 4, by reason of the time for payment of the amount or any instalment thereof being expressed to be on the lapse of a certain period after the occurrence of a specified event which, according to the ordinary expectation of mankind, is certain to happen, although the time of its happening may be uncertain.

The sum payble may be "certain", within the meaning of this section and section 4, although it includes future interest or is payable at an indicated rate of exchange, or is according to the course of exchange, and although the instrument provides that, on default of payment of an instalment, the balance unpaid shall become due.

The person to whom it is clear that the direction is given or that payment is to be made may be a "certain person", within the meaning of this section and section 4, although he is mis-named or designated by description only.

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Next · Section 6''Cheque''. →All sections / सभी धाराएँThe Negotiable Instruments Act, 1881 →
More sections of this actSection 1 · Short title.Section 2 · [Repealed.].Section 3 · Interpretation-clause.Section 4 · ''Promissory note''.Section 6 · ''Cheque''.Section 7 · ''Drawer.''Section 8 · ''Holder''.Section 9 · ''Holder in due course''.
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India Code, Government of India. Text fetched 09 Oct 2026. Source metadata reports last modification: 2018-04-16. Check the linked official text and subsequent notifications when applying a provision.

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