Penalty for executing, etc., instrument not duly stamped
Section 62 of the Indian Stamp Act, 1899 deals with penalty for executing, etc., instrument not duly stamped. Any person-- (a) drawing, making, issuing, endorsing or transferring, or signing otherwise than as a witness, or presenting for acceptance or payment, or accepting, paying or receiving payment of, or in any manner negotiating, any bill of exchange [payable otherwise than on demand] or promissory not The Act came into force on 01 Jul 1899.
(1) Any person--
(a) drawing, making, issuing, endorsing or transferring, or signing otherwise than as a witness, or presenting for acceptance or payment, or accepting, paying or receiving payment of, or in any manner negotiating, any bill of exchange 1[payable otherwise than on demand] 2*** or promissory note without the same being duly stamped; or
(b) executing or signing otherwise than as a witness any other instrument chargeable with duty without the same being duly stamped; or
(c) voting or attempting to vote under any proxy not duly stamped;
shall for every such offence be punishable with fine which may extend to five hundred rupees:
Provided that, when any penalty has been paid in respect of any instrument under section 35, section 40 or section 61, the amount of such penalty shall be allowed in reduction of the fine, (if any) subsequently imposed under this section in respect of the same instrument upon the person who paid such penalty.
(2) If a share-warrant is issued without being duly stamped, the company issuing the same, and also every person who, at the time when it is issued, is the managing director or secretary or other principal officer of the company, shall be punishable with fine which may extend to five hundred rupees.
STATE AMENDMENTS
Arunachal Pradesh.--
Amendment of sections 62.--In the Indian Stamp act, 1899 (2 of 1899) in its application to the state of Arunachal Pradesh.
(1) (i) in section 62, in clause (c), for the words "five hundred rupees", the words "two thousand rupees" shall be substituted.
(ii) in section 62, in sub-section (2), for the words "five hundred rupees", the words "five thousand rupees" shall be substituted.
[Vide Arunachal Pradesh Act 3 of 2010, s. 2]
Uttarakhand.--
Amendment of section 62.--In sub-section (1) of section 62 of the Principal Act for the words, "shall for every such offence, be punishable with fine which may extend to five hundred rupees", shall be substituted as follows, namely:--
"shall for every such offence, be punishable with fine which may extend to five thousand rupees".
[Vide Uttarakhand Act 1 of 2016, s. 10]
Section 62, The Indian Stamp Act, 1899 (Act 2 of 1899).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 62
What does Section 62 of the Indian Stamp Act deal with?
Section 62 of the Indian Stamp Act is headed "Penalty for executing, etc., instrument not duly stamped". Any person-- (a) drawing, making, issuing, endorsing or transferring, or signing otherwise than as a witness, or presenting for acceptance or payment, or accepting, paying or receiving payment of, or in any manner negotiating, any bill of exchange [payable otherwise than on demand] or promissory not
How do I find court cases under Section 62 of the Indian Stamp 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: Stamp Act 62, section 62 Stamp Act, section 62 of the Indian Stamp Act. People searching for it also type indian stamp act article 62. 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 62 of the Indian Stamp Act, and has it changed?
Its own text turns on section 35 (Instruments not duly stamped inadmissible in evidence, etc), section 40 (Collector's power to stamp instruments impounded), section 61 (Revision of certain decisions of Courts regarding the sufficiency of stamps), so none of them can safely be read on its own. One instrument names it without being made under it, most recently Amendments to the Indian Stamp Act, 1899 (2019).
When did Section 62 of the Indian Stamp Act come into force?
Section 62 of the Indian Stamp Act, cited as Stamp Act 62, came into force on 01 Jul 1899, having been enacted on 27 Jan 1899. It is in force as at the date shown on this page.
Other sections of this Act
- 47. Power of payer to stamp bills, and promissory notes received by him unstamped4923 words
- 2. Definitions3110 words
- 3. Instruments chargeable with duty1916 words
- 10. Duties how to be paid1187 words
- 28. Direction as to duty in case of certain conveyances961 words
- 73. Books, etc., to be open to inspection932 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.