Chapter IX - Of Noting and Protest
Section 101
Section 101: Required contents of a protest
Section 101 is the contents checklist for a protest made under Section 100, including the instrument, demand, response, timing and notarial signature.
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Need advice on Section 101?
This article is for general information. Refer to the Negotiable Instruments Act, 1881 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
A protest under section 100 must contain—
(a) either the instrument itself, or a literal transcript of the instrument and of everything written or printed thereupon;
(b) the name of the person for whom and against whom the instrument has been protested;
(c) a statement that payment or acceptance, or better security, as the case may be, has been demanded of such person by the notary public; the terms of his answer, if any, or a statement that he gave no answer, or that he could not be found;
(d) when the note or bill has been dishonoured, the place and time of dishonour, and, when better security has been refused, the place and time of refusal;
(e) the subscription of the notary public making the protest;
(f) in the event of an acceptance for honour or of a payment for honour, the name of the person by whom, of the person for whom, and the manner in which, such acceptance or payment was offered and effected.
A notary public may make the demand mentioned in clause (c) of this section either in person or by his clerk or, where authorized by agreement or usage, by registered letter.
Key rule and applicability
A protest contains the instrument itself or a literal transcript of everything written or printed on it; the persons for and against whom it is made; the notarial demand and answer, absence of answer or inability to find the person; relevant place and time; and the notary's signature. Where acceptance or payment for honour occurs, it also records who acted, for whom, and how the offer and act occurred.
Limits and related provisions
A selective summary of the instrument does not replace the required instrument or complete literal transcript. The notarial demand may be made personally or by the notary's clerk; registered-letter demand requires agreement or usage. This checklist does not independently prove that dishonour occurred or that every other condition for liability has been met.
Hypothetical business example
Hypothetical: A notary prepares a protest after a bill is dishonoured. Before using it, the holder checks that the back-side indorsements are included in the transcript and that the demand, response, place, time and signature are recorded, rather than relying on a certificate containing only the amount.
Practical decision flow
Supply the original instrument or a complete record of all its written and printed matter, including indorsements.
Check the parties, demand, response or search outcome, relevant place and time, and the notary's signature.
Where honour acceptance or payment occurred, verify the additional names and manner of the transaction and retain the supporting demand records.
Practical checklist
Do
- Supply the original instrument or a complete record of all its written and printed matter, including indorsements.
- Check the parties, demand, response or search outcome, relevant place and time, and the notary's signature.
- Where honour acceptance or payment occurred, verify the additional names and manner of the transaction and retain the supporting demand records.
Avoid
- A selective summary of the instrument does not replace the required instrument or complete literal transcript. The notarial demand may be made personally or by the notary's clerk; registered-letter demand requires agreement or usage. This checklist does not independently prove that dishonour occurred or that every other condition for liability has been met.
Glossary
- Literal transcript
- A complete reproduction of the instrument and everything written or printed on it.
- Payment for honour
- A statutory honour-payment process whose relevant particulars must be recorded when applicable.
Frequently asked questions
Can the certificate omit writing on the back?
Not where a transcript is used: the section requires everything written or printed on the instrument.
Must the notary personally make every demand?
The demand may be made personally or by the notary's clerk, and by registered letter where agreement or usage authorizes it.
What extra details apply to payment for honour?
The protest records the person acting, the person for whom the act was done, and how it was offered and effected.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026