Pledge by person in possession under voidable contract
Section 178A of the Indian Contract Act, 1872 deals with pledge by person in possession under voidable contract. When the pawnor has obtained possession of the goods pledged by him under a contract voidable under section 19 or section 19A, but the contract has not been rescinded at the time of the pledge, the pawnee acquires a good title to the goods, provided he acts in good faith and without notice of the pa The Act came into force on 01 Sep 1872.
When the pawnor has obtained possession of the goods pledged by him under a contract voidable under section 19 or section 19A, but the contract has not been rescinded at the time of the pledge, the pawnee acquires a good title to the goods, provided he acts in good faith and without notice of the pawnor's defect of title.]
Section 178A, The Indian Contract Act, 1872 (Act 9 of 1872).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
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.
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… 176 of the Act, the pawnee has the right to sell the pledged goods, if the pawnor makes default in payment of the debt, or performance at the stipulated time or promise, in respect of which the goods were pledged. This civil right of the pawnee cannot be infringed upon by seizing the pledged goods. Further, as per Section 178A of the Indian Contract Act, the pawnee acquires a good title to the goods, provided he acts in good faith. In this case, the petitioner company acted in good faith, hence, jewel to be returned to the petitioner. The pledged jewel is Thali chain …
Questions about Section 178A
What does Section 178A of the Indian Contract Act deal with?
Section 178A of the Indian Contract Act is headed "Pledge by person in possession under voidable contract". When the pawnor has obtained possession of the goods pledged by him under a contract voidable under section 19 or section 19A, but the contract has not been rescinded at the time of the pledge, the pawnee acquires a good title to the goods, provided he acts in good faith and without notice of the pa
How do I find court cases under Section 178A 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 178A, section 178A Contract Act, section 178A of the Indian Contract Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 178A of the Indian Contract Act, and has it changed?
Its own text turns on section 19 (Voidability of agreements without free consent), section 19A (Power to set aside contract induced by undue influence), so none of them can safely be read on its own.
When did Section 178A of the Indian Contract Act come into force?
Section 178A of the Indian Contract Act, cited as Contract Act 178A, 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.