Chapter III - Parties to Notes, Bills and Cheques
Section 45A
Section 45A: Duplicate of a lost bill
Section 45A gives the former holder of a bill lost before it became overdue a route to obtain a replacement bill of the same tenor from the drawer.
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Need advice on Section 45A?
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
Where a bill of exchange has been lost before it is over-due, the person who was the holder of it may apply to the drawer to give him another bill of the same tenor, giving security to the drawer, if required, to indemnify him against all persons whatever in case the bill alleged to have been lost shall be found again.
If the drawer on request as aforesaid refuses to give such duplicate bill, he may be compelled to do so.
Key rule and applicability
The former holder may apply for the duplicate. If required, security must be given to indemnify the drawer against claims if the original reappears. A refusal after the stated request may be met by compelling the drawer to issue the duplicate.
Limits and related provisions
This is specifically a bill lost before it was overdue; do not extend it automatically to every lost instrument or erase the indemnity protection. A duplicate should have the same tenor rather than new commercial terms.
Hypothetical business example
Hypothetical: a holder loses a bill before it is overdue and asks the drawer for a replacement. The holder preserves the original terms and addresses any requested indemnity security against the original bill later being found.
Practical decision flow
Establish the former holding, loss and pre-overdue timing.
Request a bill of the same tenor from the drawer.
Address the requested indemnity security and preserve the request and response records.
Practical checklist
Do
- Establish the former holding, loss and pre-overdue timing.
- Request a bill of the same tenor from the drawer.
- Address the requested indemnity security and preserve the request and response records.
Avoid
- This is specifically a bill lost before it was overdue; do not extend it automatically to every lost instrument or erase the indemnity protection. A duplicate should have the same tenor rather than new commercial terms.
Glossary
- Same tenor
- The same terms and character of the lost bill for the replacement purpose.
- Indemnity security
- Security protecting the drawer against the stated risk if the original is found again.
Frequently asked questions
Does the section refer to a loss after the bill is overdue?
Its express condition is loss before the bill is overdue.
Can the drawer request protective security?
Yes. The provision states security, if required, to indemnify against the described claims.
What if the drawer refuses the qualifying request?
The section states that the drawer may be compelled to give the duplicate bill.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026