Sections 101-102 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 101 says what a protest made under Section 100 must contain, in clauses (a) to (f). Section 102 says that where a note or bill is required by law to be protested, notice of the protest is given instead of notice of dishonour. This follows the consolidated text consulted for this series.
A protest must contain six things: the instrument or a literal transcript of it, the names of the person for whom and against whom it is protested, a statement of the demand made and the answer, the place and time of dishonour or refusal, the notary's subscription, and (where relevant) particulars of acceptance or payment for honour. A notary may make the demand in person, by his clerk or, where authorized by agreement or usage, by registered letter. Where protest is required, notice of protest replaces notice of dishonour, and the notary may give it.
Background
Under Section 100, a protest is the notary's certificate after dishonour has been noted and certified, or the certificate after a demand for better security. Section 101 prescribes its contents. Because a protest is a formal document, a protest that leaves out a required item is open to challenge on that ground; the text does not say what the consequence of an omission is, and it is silent on that point. Because the notice that follows a protest is also a formal paper, legal notice drafting help is often sought at this stage.
A note on spelling: the Act uses "indorser" and "indorsement"; "endorse" is the common spelling.
Section 101: what a protest must contain
The text says a protest under Section 100 "must contain" the following.
| Clause | Required content |
|---|---|
| (a) | either the instrument itself, or a literal transcript of the instrument and of everything written or printed upon it |
| (b) | the name of the person for whom and against whom the instrument has been protested |
| (c) | a statement that payment or acceptance, or better security, as the case may be, has been demanded of such person by the notary public; the terms of his answer, if any, or a statement that he gave no answer, or that he could not be found |
| (d) | when the note or bill has been dishonoured, the place and time of dishonour, and, when better security has been refused, the place and time of refusal |
| (e) | the subscription of the notary public making the protest |
| (f) | in the event of an acceptance for honour or of a payment for honour, the name of the person by whom, of the person for whom, and the manner in which, such acceptance or payment was offered and effected |
Reading the clauses
Clause (a), the instrument or a literal transcript. The notary either attaches or incorporates the instrument itself, or reproduces it word for word together with everything written or printed on it. "Everything written or printed thereupon" takes in indorsements, stamps and notes on the back, so a careless summary will not do.
Clause (b), "for whom and against whom". The protest names the person at whose request it is made and the person against whom it is made.
Clause (c), the demand and the answer. The protest records that the notary demanded payment or acceptance, or better security, as the case may be. It must then give the terms of the answer, or state that no answer was given, or that the person could not be found. Even a failed demand is recorded.
Clause (d), place and time. The protest records where and when the dishonour occurred or, for better security, where and when it was refused.
Clause (e), the notary's subscription. The notary signs. The text uses the word "subscription".
Clause (f), honour. Where the bill was accepted or paid for honour, the protest names who offered it, for whom, and how it was offered and effected. See Sections 108 to 112 and Sections 113 to 116.
How the notary makes the demand
A closing paragraph of Section 101 says a notary public "may make the demand mentioned in clause (c) of this section either in person or by his clerk or, were authorized by agreement or usage, by registered letter." The word "were" is a printing slip for "where"; it is quoted as printed. So the demand need not be made personally, and a registered letter is a permitted mode only where agreement or usage authorizes it. The text does not describe how an agreement or usage is to be shown.
Section 102: notice of protest
Section 102 reads in substance: 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". The notice may be given by the notary public who makes the protest.
Three consequences follow from the text.
- Substitution. For an instrument that must be protested, the holder gives notice of protest, not a separate notice of dishonour.
- Same rules. The manner of giving notice and the conditions that apply to notice of dishonour apply to notice of protest as well. The rules on who gives notice and how are in Sections 93 and 94.
- The notary may give it. The party who would have to give notice may leave the task to the notary who made the protest.
Timing is governed by the "reasonable time" rules of Sections 105 to 107. The exceptions that remove the need for notice of dishonour are in Section 98; Section 102 does not itself say whether they apply to notice of protest, so the text should be read as a whole before relying on them.
A practical example
Example. Sunita Chemicals holds a bill accepted by Verma Plastics. On maturity it is presented and dishonoured, and a notary public is asked to protest it. The notary attaches a literal transcript of the bill and everything endorsed on it (clause (a)), names Sunita Chemicals as the person for whom, and Verma Plastics as the person against whom, the bill is protested (clause (b)), records that payment was demanded and that Verma Plastics gave no answer (clause (c)), states the place and time of dishonour (clause (d)) and signs (clause (e)). Because the bill has to be protested, notice of the protest is then given instead of a separate notice of dishonour, and the notary may send it.
What the text does not say
- It gives no prescribed form or format of protest.
- It states no notary fee and no time in days.
- It does not say what happens if a required item is left out.
Because of these gaps, take the notary's advice on current practice and check the official text.
Need help drafting a notice?
A notice that follows the wording of the Act is easier to prove later. If you need a notice of protest or dishonour prepared or reviewed, you can learn more about our legal notice drafting service and share the instrument and the notary's papers with us.
Key takeaways
- Section 101 lists six required contents of a protest, clauses (a) to (f).
- The notary may demand in person, by his clerk, or by registered letter where agreement or usage authorizes it.
- Notice of protest replaces notice of dishonour where protest is required (Section 102).
- The notary who makes the protest may give the notice of protest.
- The text prescribes no form and no fee.
Read next
- Sections 99 and 100: noting and protest by a notary public
- Sections 103, 104 and 104A: protest for non-payment, foreign bills and noting as protest
- Sections 93 and 94: notice of dishonour, who gives it and how
- Bill of exchange in export trade: drawing, acceptance, dishonour and protest
Disclaimer: Based on a consolidated text of the Negotiable Instruments Act, 1881 stating the position as of 26 December 2015 and on the Negotiable Instruments (Amendment) Act, 2018, as consulted on 2 October 2026. Later amendments and current criminal procedure law should be checked. This article is general information, not legal advice; check the official text before acting.