Release of one co-surety does not discharge others
Section 138 of the Indian Contract Act, 1872 deals with release of one co-surety does not discharge others. Where there are co-sureties, a release by the creditor of one of them does not discharge the others; The Act came into force on 01 Sep 1872.
Where there are co-sureties, a release by the creditor of one of them does not discharge the others; neither does it free the surety so released from his responsibility to the other sureties1 .
Section 138, The Indian Contract Act, 1872 (Act 9 of 1872).
Questions about Section 138
What does Section 138 of the Indian Contract Act deal with?
Section 138 of the Indian Contract Act is headed "Release of one co-surety does not discharge others". Where there are co-sureties, a release by the creditor of one of them does not discharge the others;
How do I find court cases under Section 138 of the Indian Contract Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Contract Act 138, section 138 Contract Act, section 138 of the Indian Contract Act. People searching for it also type 138 contract act and is 138 ni act bailable. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When did Section 138 of the Indian Contract Act come into force?
Section 138 of the Indian Contract Act, cited as Contract Act 138, came into force on 01 Sep 1872, having been enacted on 25 Apr 1872. It is in force as at the date shown on this page.
Other sections of this Act
- 73. Compensation for loss or damage caused by breach of contract1822 words
- 23. What considerations and objects are lawful, and what not596 words
- 74. Compensation for breach of contract where penalty stipulated for577 words
- 28. Agreements in restraint of legal proceeding void512 words
- 25. Agreement without consideration, void, unless it is in writing and registered, or is a promise to compensate for something done, or is a promise to pay a debt barred by limitation law423 words
- 16. "Undue influence" defined397 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.