Chapter V - Of Presentment
Section 71
Section 71: Presentment where no fixed location is known
Section 71 permits personal presentment wherever the relevant party is found in the stated absence-of-location setting.
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Need advice on Section 71?
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
If the maker, drawee or acceptor of a negotiable instrument has no known place of business or fixed residence, and no place is specified in the instrument for presentment for acceptance or payment such presentment may be made to him in person wherever he can be found.
Key rule and applicability
The party has no known place of business or fixed residence, and the instrument specifies no place for acceptance or payment presentment. In that setting, presentment may be made to that person wherever found.
Limits and related provisions
Both location conditions matter. This is not a general permission to ignore a place expressly specified in the instrument, and it requires presentment to the relevant person rather than simply leaving papers with an unrelated person.
Hypothetical business example
Hypothetical: after checking the available records, the holder has no known business location or fixed residence for the relevant party and the instrument specifies no presentment place. The holder arranges personal presentment where that person is found.
Practical decision flow
Record the absence of a known business location or fixed residence.
Confirm that the instrument specifies no relevant presentment place.
Document personal presentment to the maker, drawee or acceptor wherever found.
Practical checklist
Do
- Record the absence of a known business location or fixed residence.
- Confirm that the instrument specifies no relevant presentment place.
- Document personal presentment to the maker, drawee or acceptor wherever found.
Avoid
- Both location conditions matter. This is not a general permission to ignore a place expressly specified in the instrument, and it requires presentment to the relevant person rather than simply leaving papers with an unrelated person.
Glossary
- Personal presentment
- Presentment to the relevant person themselves in the described setting.
- No specified place
- The absence of an instrument-designated place for the presentment.
Frequently asked questions
Can this rule override a stated presentment place automatically?
No. One condition is that no place is specified in the instrument.
Must presentment be to the relevant person?
Yes. The text says it may be made to him in person wherever found.
Does it cover acceptance as well as payment presentment?
Yes. Both are expressly mentioned.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026