Chapter IV - Of the Performance of Contracts
Section 44
Section 44: Effect of release of one joint promisor
Releasing one joint promisor does not automatically discharge the others.
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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
Where two or more persons have made a joint promise, a release of one of such joint promisors by the promisee does not discharge the other joint promisor or joint promisors; neither does it free the joint promisors so released from responsibility to the other joint promisor or joint promisors.
Introduction
Releasing one person from a joint promise does not discharge the other joint promisors under Section 44. The released person also remains responsible to the other joint promisors as the section states.
Key takeaways
Statutory scope
Releasing one person from a joint promise does not discharge the other joint promisors under Section 44. The released person also remains responsible to the other joint promisors as the section states.
Key check
Identify every joint promisor and the promisee.
Apply the section
Identify every joint promisor and the promisee.
Read the release wording and keep the remaining joint obligations and contribution position separate.
Illustration
A creditor releases one of three joint vendors from the creditor’s claim; the other joint vendors are not automatically discharged by that release.
Practical checklist
Do
- Record exactly who received the release.
- Preserve documents showing the joint promise and internal contribution terms.
Avoid
- Do not assume a release of one joint promisor releases everyone else.
Frequently asked questions
Are the remaining joint promisors discharged?
No. Section 44 says release of one does not discharge the others.
Is the released promisor free from co-promisor responsibility?
No. The section says the release does not free that person from responsibility to the other joint promisors.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026