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{{use dmy dates|date=July 2016}}
{{use Indian English|date=July 2016}}
{{Infobox legislation
| short_title = The Negotiable Instruments Act, 1881
| imagesize = 100
| imagealt = Negotiable Instruments Act, 1881
| long_title = An Act to define and Law relating to negotiable instruments which are Promissory Notes, Bills of Exchange and cheques
| citation = [http://www.vakilno1.com/bareacts/negoinstruact/chapter1/s1.htm Act No. 26 of 1881]
| enacted_by = [[Imperial Legislative Council (India)]]
| date_enacted = 9 December 1881
| date_commenced = 1 March 1882
| status = in force
}}
'''Negotiable Instruments Act, 1881''' is an act in India dating from the British colonial rule, that is still in force largely unchanged.

== History ==
The history of the present Act is a long one. The Act was originally drafted in 1866 by the 3rd Indian Law Commission and introduced in December 1867 in the Council and it was referred to a Select Committee. Objections were raised by the mercantile community to the numerous deviations from the English Law in which it contained. The Bill had to be redrafted in 1877. After the lapse of a sufficient period for criticism by the Local Governments, the High Courts and the chambers of commerce, the Bill was revised by a Select Committee. In spite of this Bill could not reach the final stage. In 1880 by the Order of the Secretary of State, the Bill had to be referred to a new [[Law Commission]]. On the recommendation of the new Law Commission, the Bill was re-drafted and again it was sent to a Select Committee which adopted most of the additions recommended by the new Law Commission. The draft thus prepared for the fourth time was introduced in the Council and was passed into law in 1881 being the Negotiable Instruments Act, 1881 (Act No.26 of 1881)<ref>{{cite web |url=http://lawcommissionofindia.nic.in/1-50/Report11.pdf|title=11th Report - Law Commission of India | year= 1958}}</ref>

The most important class of Credit Instruments that evolved in India were termed [[Hundi]]. Their use was most widespread in the twelfth century and has continued till today. In a sense, they represent the oldest surviving form of credit instrument. These were used in trade and credit transactions; they were used as remittance instruments for the purpose of transfer of funds from one place to another. In Modern era [[Hundi]] served as [[traveller's cheques]].<ref>{{cite web | url=http://www.rbi.org.in/scripts/PublicationsView.aspx?id=155 | title=Reserve Bank of India - Publications | publisher=Reserve Bank of India}}</ref>

According to Section 13 of the Negotiable Instruments Act, "A ''negotiable instrument'' means a promissory note, bill of exchange or cheque payable either to order or to bearer.'<ref name=goiact>{{cite web | url=http://indiacode.nic.in/fullact1.asp?tfnm=188126 |title=Section 13 - Negotiable Instruments Act, 1881 - Government of India}}</ref> But in Section 1, it is also described that '''Local extent, Saving of usage relating to hundis, etc., Commencement.''' -It extends to the whole of India but nothing herein contained affects the Indian Paper Currency Act, 1871, Section 21, or affects any local usage relating to any instrument in an oriental language. Provided that such usages may be excluded by any words in the body of the instrument, which indicate an intention that the legal relations of the parties thereto shall be governed by this Act; and it shall come

Main Types of Negotiable Instruments are:

# Inland Instruments
# Foreign Instruments
# Bank
#Finance companies(listed) Draft<ref>https://www.youtube.com/watch?v=lGZ7L1GkyEk</ref>

== Modern day==
We prefer to carry a small piece of paper known as [[Cheque]] rather than carrying the currency worth the value of the [[Cheque]]. Before 1988 there being no provision to restrain the person issuing the [[Cheque]] without having sufficient funds in his account. Of course on [[Dishonoured cheque]] there is a civil liability accrued. In order to ensure promptitude and remedy against the defaulters of the Negotiable Instrument a criminal remedy of penalty was inserted in Negotiable Instruments Act, 1881 by amending it with Negotiable Instruments Act, 1988.<ref name=goiact/>

With the insertion of these provisions in the Act the situation certainly improved and the instances of dishonour have relatively come down but on account of application of different interpretative techniques by different High Courts on different provisions of the Act it further compounded and complicated the situation although on dishonour of cheques the trends of the verdicts of the [[Supreme Court of India]]

Parliament enacted the Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002 (55 of 2002), which is intended to plug the loopholes. This amendment Act inserts five new sections from 143 to 147 touching various limbs of the parent Act and [[Cheque truncation]] through digitally were also included and the amendment Act was into force on February 6, 2003.<ref name=goiact/>

== Review and Reform ==
In June 2020, the Finance Ministry in the Government of India proposed the decriminalisation of a number of white-collar crimes, including cheque bouncing under Section 138 of the Negotiable Instruments Act, in order to improve the ease of doing business as well as to reduce imprisonment rates.<ref>{{Cite news|others=PTI|date=2020-06-10|title=Union Finance Ministry proposes to decriminalise host of minor offences under 19 legislations|language=en-IN|work=The Hindu|url=https://www.thehindu.com/business/union-finance-ministry-proposes-to-decriminalise-host-of-minor-offences-under-19-legislations/article31795592.ece|access-date=2020-07-22|issn=0971-751X}}</ref><ref>{{Cite web|last=Ministry of Finance, Government of India|first=Department of Economic Affairs|date=12 June 2020|title=Statement of Reasons- Decriminalization of Minor Offences for Improving Business Sentiment and Unclogging Court Processes|url=https://dea.gov.in/sites/default/files/consultation%20paper%20decriminalisation_0.pdf|url-status=live|archive-url=https://web.archive.org/web/20200727034005/https://dea.gov.in/sites/default/files/consultation%20paper%20decriminalisation_0.pdf|archive-date=27 July 2020|access-date=27 July 2020}}</ref> The proposal has been opposed by a number of trade and business associations, including the Confederation of All-India Traders (CAIT),<ref>{{Cite news|title=Decriminalising bounced cheques will nullify their sanctity, says CAIT to Fin Min|work=The Economic Times|url=https://economictimes.indiatimes.com/news/economy/policy/decriminalising-bounced-cheques-will-nullify-their-sanctity-says-cait-to-fin-min/articleshow/77071312.cms|access-date=2020-07-22}}</ref> the [[Indian Banks' Association]] and Finance Industry Development Council (FIDC),<ref>{{Cite web|last=Kumar|first=K. Ram|title=Banks oppose Finance Ministry move to decriminalise cheque-bounce offence|url=https://www.thehindubusinessline.com/money-and-banking/banks-oppose-finance-ministry-move-to-decriminalise-cheque-bounce-offence/article32147355.ece|access-date=2020-07-22|website=@businessline|language=en}}</ref> and the Federation of Industrial and Commercial Organisation (FICO).<ref>{{Cite web|date=2020-06-19|title=FICO opposes finance ministry's proposal to decriminalise cheque bounce offences|url=https://www.hindustantimes.com/chandigarh/fico-opposes-finance-ministry-s-proposal-to-decriminalise-cheque-bounce-offences/story-zbpYMDKwdCnvmr9197ZvNL.html|access-date=2020-07-22|website=Hindustan Times|language=en}}</ref>

== References ==
{{Reflist|30em}}

== External links ==
*[http://devgan.in/negotiable_instruments_act/ N.I.A (Mobile Friendly)]

{{Indian legislations}}

[[Category:Law in India]]
[[Category:Pakistani law]]
[[Category:1881 in law]]
[[Category:Negotiable instrument law]]
[[Category:Legislation in British India]]
[[Category:1881 in British law]]
[[Category:1881 in India]]

Negotiable Instruments Act, 1881 - Revision history

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