Effect of material alteration
Section 87 of the Negotiable Instruments Act, 1881 deals with effect of material alteration. Any material alteration of a negotiable instrument renders the same void as against anyone who is a party thereto at the time of making such alteration and does not consent thereto, unless it was made in order to carry out the common intention of the original parties; The Act came into force on 01 Mar 1882.
Any material alteration of a negotiable instrument renders the same void as against anyone who is a party thereto at the time of making such alteration and does not consent thereto, unless it was made in order to carry out the common intention of the original parties;
Alteration by indorsee.-- And any such alteration, if made by an indorsee, discharges his indorser from all liability to him in respect of the consideration thereof.
The provisions of this section are subject to those of sections 20, 49, 86 and 125.
Section 87, The Negotiable Instruments Act, 1881 (Act 26 of 1881).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
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.
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Veera Exports Th. Its Partner, Tamil Nadu vs T. Kalavathi
Court's Decision & Legal Precedent
Alteration of the date of a cheque by the drawer himself, or with his voluntary consent, in order to revalidate it beyond the six-month validity period is not a material alteration that avoids the instrument under Section 87; whether the change was made with consent is a disputed question of fact which cannot be decided while quashing a Section 138 complaint at the threshold.
On this section: Construes the 'unless made with consent of the parties' limb of Section 87 and holds that a consensual revalidation of a cheque's date does not render it void, restoring the complaint the High Court had quashed.
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Bir Singh v. Mukesh Kumar
Court's Decision & Legal Precedent
Reading ss.20, 87 and 139 together, a person who signs a cheque and makes it over to the payee remains liable unless he rebuts the presumption that it was issued for a debt or liability. It is immaterial that the cheque was filled in by someone other than the drawer. A signed blank cheque voluntarily presented towards some payment may be completed by the payee without invalidating the instrument; subsequent filling-in of amount/particulars is not a material alteration under s.87 where amount, date and payee are not changed from what was intended. Fiduciary relationship between payee and drawer does not by itself defeat the s.139 presumption absent evidence of undue influence or coercion. Revisional court cannot re-appreciate concurrent factual findings absent perversity or jurisdictional error.
On this section: Clarifies the s.87 material-alteration defence in the blank-cheque setting: completing blanks with the drawer's acquiescence is not an alteration that avoids liability.
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Ajaya Talwar vs Iqbal Sidique
Court's Decision & Legal Precedent
Where the date on the cheque had been changed from 21.08.2000 to 25.10.2004, the alteration appearing in a different ink and not shown to have been made with the drawer's consent, the instrument was materially altered and void under Section 87 against the party who did not consent, and the lender's recovery suit on it failed.
On this section: Illustrates the operative half of Section 87: an unconsented change of the date of a negotiable instrument is material and destroys its enforceability against the non-consenting party, notwithstanding the presumptions under Sections 118 and 139.
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.
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… Dalal [Hiten P. Dalal v. Bratindranath Banerjee, (2001) 6 SCC 16 : 2001 SCC (Cri) 960] . 33. A meaningful reading of the provisions of the Negotiable Instruments Act including, in particular, Sections 20, 87 and 139, makes it amply clear that a person who signs a cheque and makes it over to the payee remains liable unless he adduces evidence to rebut the presumption that the cheque had been issued for payment of a debt or in discharge of a liability. It is immaterial that the cheque may have been filled in by any person …
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… Dalal [Hiten P. Dalal v. Bratindranath Banerjee, (2001) 6 SCC 16 : 2001 SCC (Cri) 960] . 33. A meaningful reading of the provisions of the Negotiable Instruments Act including, in particular, Sections 20, 87 and 139, makes it amply clear that a person who signs a cheque and makes it over to the payee remains liable unless he adduces evidence to rebut the presumption that the cheque had been issued for payment of a debt or in discharge of a liability. It is immaterial that the cheque may have been filled in by any person …
Questions about Section 87
What have the courts held on Section 87 of the Negotiable Instruments Act?
Veera Exports Th. Its Partner, Tamil Nadu vs T. Kalavathi is the leading judgment on this section among those set out below: Construes the 'unless made with consent of the parties' limb of Section 87 and holds that a consensual revalidation of a cheque's date does not render it void, restoring the complaint the High Court had quashed. Another 2 judgments on this section are set out below, 2 of them from the Supreme Court. They run from 2011 to 2019.
How do I find court cases under Section 87 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 87, section 87 NI Act, section 87 of the Negotiable Instruments Act. People searching for it also type negotiable instrument act section 87. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Veera Exports Th. Its Partner, Tamil Nadu vs T. Kalavathi.
What should I read with Section 87 of the Negotiable Instruments Act, and has it changed?
Its own text turns on section 20 (Inchoate stamped instruments), section 49 (Conversion of indorsement in blank into indorsement in full), section 86 (Parties not consenting discharged by qualified or limited acceptance), section 125 (Crossing after issue), so none of them can safely be read on its own.
When did Section 87 of the Negotiable Instruments Act come into force?
Section 87 of the Negotiable Instruments Act, cited as NI Act 87, 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
- 138. Dishonour of cheque for insufficiency, etc., of funds in the account312 words
- 142A. Validation for transfer of pending cases299 words
- 143. Power of Court to try cases summarily297 words
- 143A. Power to direct interim compensation291 words
- 142. Cognizance of offences290 words
- 141. Offences by companies287 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.