Bailee's particular lien
Section 170 of the Indian Contract Act, 1872 deals with bailee's particular lien. Where the bailee has, in accordance with the purpose of the bailment, rendered any service involving the exercise of labour or skill in respect of the goods bailed, he has, in the absence of a contract to the contrary, a right to retain such goods until he receives due remuneration for the services The Act came into force on 01 Sep 1872.
Where the bailee has, in accordance with the purpose of the bailment, rendered any service involving the exercise of labour or skill in respect of the goods bailed, he has, in the absence of a contract to the contrary, a right to retain such goods until he receives due remuneration for the services he has rendered in respect of them.
Illustrations
(a) A delivers a rough diamond to B, a jeweller, to be cut and polished, which is accordingly done. B is entitled to retain the stone till he is paid for the services he has rendered.
(b) A gives, cloth to B, a tailor, to make into a coat. B promises A to deliver the coat as soon as it is finished, and to give a three months' credit for the price. B is not entitled to retain the coat until he is paid.
Section 170, The Indian Contract Act, 1872 (Act 9 of 1872).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Shipping Corpn. of India LTD vs C. L. Jain Woollen Mills
Court's Decision & Legal Precedent
The carrier and the container agency holding imported goods are bailees whose lien for demurrage and storage charges under Sections 170 and 171 of the Contract Act, read with the bill of lading and tariff, survives the customs authorities' detention of the goods; a court direction releasing goods after a confiscation order is set aside cannot compel the carrier to forgo those charges, the liability for which is to be borne by whoever caused the wrongful detention rather than wished away.
On this section: Applies the bailee's particular lien under Section 170 to a carrier/custodian holding imported goods, and holds the lien enforceable notwithstanding that the goods were immobilised by customs action.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
-
… Arura Mal Durga Das & Ors<sup>29</sup> , where the aforesaid position came to be reiterated in the following terms: > "The question which arises is, whether the Bank can claim to exercise the Banker's lien in these circumstances. Section 170 of the Indian Contract Act refers to general lien of Bankers and other in respect of goods bailed to them which runs as under:- <sup>&</sup>lt;sup>28</sup> (1929) SCC OnLine PC 18 <sup>&</sup>lt;sup>29</sup> (1960) SCC OnLine Punj 126 The …
-
… Arura Mal Durga Das & Ors<sup>29</sup> , where the aforesaid position came to be reiterated in the following terms: > "The question which arises is, whether the Bank can claim to exercise the Banker's lien in these circumstances. Section 170 of the Indian Contract Act refers to general lien of Bankers and other in respect of goods bailed to them which runs as under:- <sup>&</sup>lt;sup>28</sup> (1929) SCC OnLine PC 18 <sup>&</sup>lt;sup>29</sup> (1960) SCC OnLine Punj 126 The …
Questions about Section 170
What have the courts held on Section 170 of the Indian Contract Act?
Shipping Corpn. of India LTD vs C. L. Jain Woollen Mills is the leading judgment on this section among those set out below: Applies the bailee's particular lien under Section 170 to a carrier/custodian holding imported goods, and holds the lien enforceable notwithstanding that the goods were immobilised by customs action.
How do I find court cases under Section 170 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 170, section 170 Contract Act, section 170 of the Indian Contract Act. People searching for it also type 170 contract act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Shipping Corpn. of India LTD vs C. L. Jain Woollen Mills.
When did Section 170 of the Indian Contract Act come into force?
Section 170 of the Indian Contract Act, cited as Contract Act 170, 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.