Chapter IX - Of Noting and Protest
Section 104
Section 104: protest of foreign bills
Section 104 makes protest of a foreign bill depend on the law of the place where the bill was drawn.
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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
Foreign bills of exchange must be protested for dishonour when such protest is required by the law of the place where they are drawn.
Applicability and limits
Applies to a foreign bill of exchange after dishonour when the law of the place of drawing requires protest.
The Act does not impose a blanket protest rule on every foreign bill; the drawing-place law controls the condition.
Hypothetical example
Hypothetical: a bill drawn in another country is dishonoured in India. The holder verifies that country’s protest rule before deciding whether protest is mandatory.
Steps and evidence
Determine where the bill was drawn.
Identify the applicable protest requirement in that jurisdiction.
If required, arrange timely notarial protest and related notice.
Practical checklist
Do
- Confirm the instrument is a foreign bill.
- Identify the place where it was drawn.
- Verify whether that place’s law requires protest.
Avoid
- The Act does not impose a blanket protest rule on every foreign bill; the drawing-place law controls the condition.
Glossary
- Foreign bill
- A bill of exchange treated as foreign under the Act’s classification.
- Protest
- A notarial certificate of dishonour under the Act.
Frequently asked questions
Does every foreign bill have to be protested?
Section 104 requires protest when the law of the drawing place requires it.
Which jurisdiction’s law matters?
Section 104 points to the law of the place where the bill was drawn.
Does an Indian place of payment decide this requirement?
Section 104 instead specifies the place of drawing for the protest condition.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026