Chapter VIII - Of Notice of Dishonour
Section 93
Section 93: by and to whom notice should be given
Section 93 identifies who gives notice of dishonour and which parties need it to support liability.
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Need advice on Section 93?
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, bill of exchange or cheque is dishonoured by non-acceptance or non-payment, the holder thereof, or some party thereto who remains liable thereon, must give notice that the instrument has been so dishonoured to all other parties whom the holder seeks to make severally liable thereon, and to some one of several parties whom he seeks to make jointly liable thereon.
Nothing in this section renders it necessary to give notice to the maker of the dishonoured promissory note or the drawee or acceptor of the dishonoured bill of exchange or cheque.
Applicability and limits
After non-acceptance or non-payment, the holder or another liable party gives dishonour notice to parties whose several or joint liability is sought.
Notice is not needed under this section for the note maker or the bill or cheque drawee/acceptor; other statutory exceptions may apply.
Hypothetical example
Hypothetical: a bill passes through two indorsers and is dishonoured. The holder maps the chain and gives notice to the parties it seeks to charge.
Evidence and decision flow
Confirm the dishonour type and liable parties.
Separate several and joint liability targets.
Give notice accordingly and retain dispatch evidence.
Practical checklist
Do
- Identify the holder or another party who remains liable.
- List parties whose liability will be asserted.
- Send notice to all severally liable targets and at least one jointly liable target, subject to the section’s exceptions.
Avoid
- Do not assume one statutory step replaces a separate presentment, dishonour or notice requirement.
Glossary
- Several liability
- Liability pursued against a party individually.
- Joint liability
- Liability pursued against parties together.
Frequently asked questions
Must the maker of the dishonoured note receive Section 93 notice?
No. The section says such notice is not necessary for the maker of that note.
Must every person on the instrument receive notice?
Section 93 targets those whose liability is sought and states specific parties for whom notice is unnecessary.
Who may give notice?
The holder or a party to the instrument who remains liable may do so.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026