Chapter IV - Of the Performance of Contracts
Section 47
Section 47: Time and place for performance of promise, where time is specified and no application to be made
Where the promisor must act on a specified day without a request, performance may occur in usual business hours at the proper place.
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Need advice on Section 47?
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
When a promise is to be performed on a certain day, and the promisor has undertaken to perform it without application by the promisee, the promisor may perform it at any time during the usual hours of business on such day and at the place at which the promise ought to be performed.
Illustration: A promises to deliver goods at B’s warehouse on the first January. On that day A brings the goods to B’s warehouse, but after the usual hour for closing it, and they are not received. A has not performed his promise.
Introduction
Section 47 applies when a day is fixed and the promisor must perform without a request. Performance may be made during usual business hours on that day at the proper place.
Key takeaways
Statutory scope
Section 47 applies when a day is fixed and the promisor must perform without a request. Performance may be made during usual business hours on that day at the proper place.
Key check
Identify the fixed date, proper place and usual business hours.
Apply the section
Identify the fixed date, proper place and usual business hours.
Check whether the promisor actually made performance available there within those hours.
Illustration
The Act’s warehouse illustration treats goods brought only after closing time as non-performance despite arrival on the named day.
Practical checklist
Do
- Schedule delivery within receiving hours.
- Retain timestamps and receiving-location evidence.
Avoid
- Do not assume arrival after ordinary closing time meets a fixed-day delivery promise.
Frequently asked questions
Can performance be offered at any hour on the fixed date?
No. Section 47 specifies usual hours of business.
Does the location matter?
Yes. Performance must be at the place where the promise ought to be performed.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026