Section10
The Negotiable Instruments Act, 1881

''Payment in due course''

In force From 01 Mar 1882 Act 26 of 1881 As on 14 Oct 2026

Act 26 of 1881 Ministry Finance Enacted 09 Dec 1881 In force 01 Mar 1882

Section 10 of the Negotiable Instruments Act, 1881 deals with ''Payment in due course''. "Payment in due course" means payment in accordance with the apparent tenor of the instrument in good faith and without negligence to any person in possession thereof under circumstances which do not afford a reasonable ground for believing that he is not entitled to receive payment of the amount th The Act came into force on 01 Mar 1882.

"Payment in due course" means payment in accordance with the apparent tenor of the instrument in good faith and without negligence to any person in possession thereof under circumstances which do not afford a reasonable ground for believing that he is not entitled to receive payment of the amount therein mentioned.

Section 10, The Negotiable Instruments Act, 1881 (Act 26 of 1881).

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.

  1. Pradeep Kumar vs Post Master General

    Supreme Court of India 07 Feb 2022 Binding (Supreme Court) Reportable (2022) SCC Online SC [Citation to be assigned upon official reporting]

    Court's Decision & Legal Precedent

    When a negotiable instrument (including Kisan Vikas Patras) is presented for encashment at a post office, the post office must verify that the person presenting the instrument is the 'holder' as defined under Section 8 of the Negotiable Instruments Act, 1881, by following the prescribed rules and procedures including verification of identity slip and obtaining written application from the actual holder. Payment made to a person in possession of the instrument but not entitled to receive payment in his name is not a valid discharge under Section 78 or Section 82(c) of the NI Act. Such payment constitutes negligence and violates the requirement of 'payment in due course' under Section 10 of the NI Act. The post office is vicariously liable for fraudulent acts of its employees committed during the course of employment, and such liability cannot be avoided by claiming that the employee acted in individual capacity or that the fraud was committed by a third party.

    On this section: Defines 'Payment in due course' - payment must be in accordance with apparent tenor, in good faith and without negligence. The Post Office failed to satisfy this requirement

    Read the full order on eCourts India

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.

Questions about Section 10

What have the courts held on Section 10 of the Negotiable Instruments Act?

Pradeep Kumar vs Post Master General (07 Feb 2022) is the leading judgment on this section among those set out below: Defines 'Payment in due course' - payment must be in accordance with apparent tenor, in good faith and without negligence. The Post Office failed to satisfy this requirement.

How do I find court cases under Section 10 of the Negotiable Instruments 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: NI Act 10, section 10 NI Act, section 10 of the Negotiable Instruments Act. People searching for it also type negotiable instrument act 10. 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 Pradeep Kumar vs Post Master General (07 Feb 2022).

When did Section 10 of the Negotiable Instruments Act come into force?

Section 10 of the Negotiable Instruments Act, cited as NI Act 10, came into force on 01 Mar 1882, having been enacted on 09 Dec 1881. It is in force as at the date shown on this page.

Other sections of this Act

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 14 Oct 2026. This page is not a substitute for legal advice.