Chapter IX - Of Bailment
Section 152
Section 152: Care and responsibility for loss
A bailee who took the care required by section 151 is ordinarily not responsible for loss, destruction or deterioration, subject to any special contract.
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Need advice on Section 152?
This article is for general information. Refer to the Indian Contract Act, 1872 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
The bailee, in the absence of any special contract, is not responsible for the loss, destruction or deterioration of the thing bailed, if he has taken the amount of care of it described in section 151.
Rule and business relevance
This protection is expressly framed in the absence of a special contract. The bailee should be able to show the precautions required by the statutory standard.
Limits and related provisions
Check specific responsibility rules, including unauthorised use or default in return, rather than using reasonable care as a universal answer to every claim.
Hypothetical business example
Hypothetical example: Goods deteriorate despite documented appropriate storage. The parties must examine the care taken, special terms and any other relevant breach.
Practical decision flow
Read any special contract allocating risk.
Compare actual precautions with section 151.
Check whether another bailment provision changes the analysis.
Check the applicable legal framework
This guide explains the central provision. Applicable State amendments, the agreement, transaction date and other governing laws can affect its application. Check the current legal framework before relying on it for a commercial decision.
Practical checklist
Do
- Read any special contract allocating risk.
- Compare actual precautions with section 151.
- Check whether another bailment provision changes the analysis.
Avoid
- Check specific responsibility rules, including unauthorised use or default in return, rather than using reasonable care as a universal answer to every claim.
Glossary
- Special contract
- Terms relevant to responsibility beyond this default rule.
- Deterioration
- A worsening in the condition of the bailed thing.
Frequently asked questions
Is this protection unconditional?
No. Required care and the special-contract qualification matter.
Which care standard applies?
The standard in section 151.
Can another specific duty still be relevant?
Yes, including duties concerning authorised use and timely return.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026