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Chapter IX - Of Bailment

Section 169

Section 169: When a finder may sell goods

A finder’s power to sell lost goods is restricted by both owner-related and goods-or-charges conditions.

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Need advice on Section 169?

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.

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Statutory text

Bare law

When a thing which is commonly the subject of sale is lost, if the owner cannot with reasonable diligence be found, or if he refuses, upon demand, to pay the lawful charges of the finder, the finder may sell it—

(1) when the thing is in danger of perishing or of losing the greater part of its value, or,

(2) when the lawful charges of the finder, in respect of the thing found, amount to two-thirds of its value.

Rule and business relevance

The thing must commonly be the subject of sale. The owner must be unfindable with reasonable diligence or refuse lawful charges on demand; additionally, the goods must risk perishing or losing most value, or lawful charges must reach two-thirds of value.

Limits and related provisions

Do not treat the two-thirds threshold alone as sufficient while ignoring the owner-related condition. Keep valuation and search evidence.

Hypothetical business example

Hypothetical example: A finder cannot locate the owner despite reasonable diligence and the commonly traded goods are about to perish. The statutory sale conditions require a documented assessment.

Practical decision flow

Establish reasonable owner-search efforts or refusal after demand.

Check the goods are commonly sold.

Document perishability or value-loss risk, or lawful charges reaching two-thirds of value.

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

  • Establish reasonable owner-search efforts or refusal after demand.
  • Check the goods are commonly sold.
  • Document perishability or value-loss risk, or lawful charges reaching two-thirds of value.

Avoid

  • Do not treat the two-thirds threshold alone as sufficient while ignoring the owner-related condition. Keep valuation and search evidence.

Glossary

Lawful charges
Charges legally due to the finder in respect of the goods.
Two-thirds threshold
The alternative charge-to-value condition stated in clause (2).

Frequently asked questions

Is the charge threshold enough by itself?

No. The opening owner-related conditions also apply.

Is imminent loss of most value relevant?

Yes, as an alternative goods-condition in clause (1).

Must owner-search efforts be reasonable?

Yes. The provision expressly requires reasonable diligence where the owner cannot be found.

Need help applying this provision to your situation?

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Last updated 10 October 2026