Chapter IX - Of Noting and Protest
Section 102
Section 102: notice of protest
Section 102 substitutes notice of protest for notice of dishonour when a note or bill must legally be protested.
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Need advice on Section 102?
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
When a promissory note or bill of exchange is required by law to be protested, notice of such protest must be given instead of notice of dishonour, in the same manner and subject to the same conditions; but the notice may be given by the notary public who makes the protest.
Applicability and limits
Applies when law requires a promissory note or bill to be protested; notice of protest then substitutes for notice of dishonour.
The provision does not itself say which instruments must be protested; Section 104 addresses foreign bills where the drawing-place law requires it.
Hypothetical example
Hypothetical: a foreign bill must be protested under the law where drawn. The notary completes protest and sends notice under the ordinary notice manner and conditions.
Steps and evidence
Confirm the legal protest requirement.
Complete protest through the notary.
Send or arrange notice of protest using dishonour-notice conditions; retain proof.
Practical checklist
Do
- Confirm that law requires protest of this note or bill.
- Give notice of protest under the same manner and conditions as dishonour notice.
- Record whether the notary sent the notice.
Avoid
- The provision does not itself say which instruments must be protested; Section 104 addresses foreign bills where the drawing-place law requires it.
Glossary
- Notice of protest
- Notice concerning the formal notarial protest.
- Notary public
- The official who makes the protest and may give the notice.
Frequently asked questions
Can the notary give notice of protest?
Yes. Section 102 expressly permits the notary public who makes the protest to give notice.
May the notary send notice?
Yes. Section 102 expressly permits the notary who makes the protest to give it.
Does any protest remove all notice duties?
No. Notice of protest must be given in the same manner and subject to the same conditions as dishonour notice.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026