Chapter X - Agency
Section 191
Section 191: Meaning of sub-agent
A sub-agent works in the agency business under the original agent’s employment and control.
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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
A “sub-agent” is a person employed by, and acting under the control of, the original agent in the business of the agency.
Rule and business relevance
Both the employment relationship and control by the original agent help identify a sub-agent. Proper appointment and responsibility are addressed in the following provisions.
Limits and related provisions
Do not label a person the principal’s direct agent or sub-agent solely for convenience. The actual appointment and control determine the relevant analysis.
Hypothetical business example
Hypothetical example: A sales agent employs an assistant under the agent’s control to help conduct the entrusted agency business. That role is assessed against the definition.
Practical decision flow
Identify who employed the person.
Determine who controls the agency work.
Review authority for the appointment under the surrounding provisions.
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
- Identify who employed the person.
- Determine who controls the agency work.
- Review authority for the appointment under the surrounding provisions.
Avoid
- Do not label a person the principal’s direct agent or sub-agent solely for convenience. The actual appointment and control determine the relevant analysis.
Glossary
- Sub-agent
- The person employed by and acting under the original agent’s control.
- Original agent
- The agent who employs and controls the sub-agent.
Frequently asked questions
Is control relevant?
Yes. The definition expressly includes it.
Does the definition alone prove appointment was authorised?
No. Proper appointment is a separate issue.
Where are consequences of proper appointment addressed?
Section 192.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026