Chapter IV - Of the Performance of Contracts
Section 46
Section 46: Time for performance of promise, when no application is to be made and no time is specified
Where the promisee need not request performance and the contract specifies no time, the promisor must perform within a reasonable time.
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Need advice on Section 46?
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, by the contract, a promisor is to perform his promise without application by the promisee, and no time for performance is specified, the engagement must be performed within a reasonable time.
Explanation.—The question “what is a reasonable time” is, in each particular case, a question of fact.
Introduction
If the promisor must perform without a request and the contract fixes no time, Section 46 requires performance within a reasonable time. What counts as reasonable is a question of fact for each case.
Key takeaways
Statutory scope
If the promisor must perform without a request and the contract fixes no time, Section 46 requires performance within a reasonable time. What counts as reasonable is a question of fact for each case.
Key check
Confirm there is no agreed time and no need for the promisee to request performance.
Apply the section
Confirm there is no agreed time and no need for the promisee to request performance.
Record transaction context, communications and circumstances bearing on reasonable time.
Illustration
A supplier agrees to send a component but the contract fixes no delivery date. The reasonable-time question depends on the surrounding facts, not a statutory fixed number of days.
Practical checklist
Do
- Set a clear timetable in future contracts.
- Keep dated correspondence showing what timing the parties contemplated.
Avoid
- Do not invent a universal deadline under Section 46.
Frequently asked questions
Does the Act prescribe a fixed number of days?
No. Reasonable time is fact-dependent under the explanation.
Does this apply when the buyer must first request delivery?
Section 46 addresses a promise to be performed without application by the promisee.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026