Sections 46 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.
Sections 46 to 50 fill the gaps when a contract does not say, or does not say clearly, when, where and how a promise is to be performed. They cover a promise with no time fixed, a promise with a fixed day, who must apply for performance, where to perform when no place is fixed, and performance in the manner the promisee prescribes. If you are drafting delivery or service timelines, a clear service agreement avoids relying on these default rules.
Where no time is specified and no application is needed, performance must be within a reasonable time, which is a question of fact (s.46). A promise to be performed on a day may be performed at any time during the usual hours of business on that day and at the proper place (s.47). If the promisee must apply, it is his duty to apply at a proper place and within usual hours (s.48). Where no place is fixed, the promisor must ask the promisee to appoint a reasonable place (s.49). A promise may be performed in any manner, or at any time, which the promisee prescribes or sanctions (s.50).
Section 46: no time specified, no application to be made
"Where, by the contract, a promisor is to perform his promise without application by the promisee, and no time for performance is specified, the engagement must be performed within a reasonable time."
The Explanation: "The question 'what is a reasonable time' is, in each particular case, a question of fact." So the Act gives no number of days. What is reasonable depends on the facts.
Section 47: time specified, no application to be made
"When a promise is to be performed on a certain day, and the promisor has undertaken to perform it without application by the promisee, the promisor may perform it at any time during the usual hours of business on such day and at the place at which the promise ought to be performed."
The Act's illustration. A promises to deliver goods at B's warehouse on the first January. On that day A brings the goods, but after the usual hour for closing it, and they are not received. A has not performed his promise.
Section 48: application to be made on a certain day
"When a promise is to be performed on a certain day, and the promisor has not undertaken to perform it without application by the promisee, it is the duty of the promisee to apply for performance at a proper place and within the usual hours of business."
The Explanation repeats the s.46 idea: "what is a proper time and place" is, in each particular case, a question of fact.
So sections 47 and 48 are two halves of one question: does the promisor perform on his own initiative, or only when asked? The wording of the contract decides which section applies.
Section 49: no place fixed, no application to be made
"When a promise is to be performed without application by the promisee, and no place is fixed for the performance of it, it is the duty of the promisor to apply to the promisee to appoint a reasonable place for the performance of the promise, and to perform it at such place."
The Act's illustration. A undertakes to deliver a thousand maunds of jute to B on a fixed day. A must apply to B to appoint a reasonable place for receiving it, and must deliver it to him at that place.
Section 50: performance in manner or at time prescribed or sanctioned by the promisee
"The performance of any promise may be made in any manner, or at any time which the promisee prescribes or sanctions."
The Act gives four illustrations. The most instructive are:
| Illustration | Facts | Result |
|---|---|---|
| (a) | B owes A Rs. 2,000. A asks B to pay it to A's account with banker C. B, who also banks with C, orders the transfer and it is done. Before A knows, C fails. | There has been a good payment by B. |
| (d) | A asks B, who owes him Rs. 100, to send a note for Rs. 100 by post. | The debt is discharged as soon as B puts into the post a letter containing the note, duly addressed to A. |
The other two are (b) a settlement of mutual accounts by setting off one item against another, which amounts to payment by each of what they owed the other, and (c) the acceptance of some of A's goods in reduction of a debt, which operates as part payment.
The theme is that the promisee controls the mode. If he asks for payment into a certain account, or by post, performance in that way discharges the promise.
The five sections side by side
| Section | When it applies | What it says |
|---|---|---|
| 46 | No time specified; no application needed | Perform within a reasonable time (question of fact) |
| 47 | Day fixed; no application needed | Perform during usual hours of business on that day, at the proper place |
| 48 | Day fixed; promisee must apply | Promisee must apply at a proper place within usual hours |
| 49 | No place fixed; no application needed | Promisor asks the promisee to appoint a reasonable place, then performs there |
| 50 | Any promise | Any manner or time prescribed or sanctioned by the promisee |
A modern example (ours)
Sunrise Caterers agrees to deliver 300 meal boxes to Vega Tech on 15 March, with no time mentioned and no need for Vega to apply. Under s.47 the caterer may deliver at any time during the usual hours of business that day. If the van reaches Vega's office after the office has closed and the boxes are not received, the Act's own illustration to s.47 shows the promise has not been performed. If Vega's admin had asked the caterer to deliver to the nearby event hall instead, delivery there would be performance in the manner and place the promisee prescribed under s.50.
What can the parties change?
None of these sections uses the words "unless a contrary intention appears". They are gap-fillers: they apply where the contract does not fix the time, place or manner (or does not say whether application is needed). A contract that says "delivery by 4 p.m. at Gate 3" simply supplies its own answer. Section 50 itself allows the promisee to change the time or the manner.
Practical points
- Always fix the time and place. "Within a reasonable time" is a question of fact and can be argued either way.
- Define business hours. Section 47 uses "usual hours of business"; write them in.
- Say whether application is needed. The choice between ss.47 and 48 follows from that.
- Get the promisee's instruction in writing if he asks for a different mode or time, so it is clear that s.50 applies.
- Where both sides have duties to perform, the order of performance is dealt with in sections 51 to 53.
- Where time is of the essence, see section 55.
Need help fixing timelines in your contract?
Vague words like "promptly" or "as soon as possible" push disputes into the "reasonable time" question. Our service agreement drafting service can write clear delivery windows, place, hours and acceptance-mode clauses. Share your current terms and we will point out what the Act would otherwise fill in.
Key takeaways
- No time specified and no application needed: perform within a reasonable time, a question of fact (s.46).
- Day fixed and no application needed: perform during usual hours of business at the proper place (s.47).
- If the promisee must apply, it is his duty to do so at a proper place and within usual hours (s.48).
- No place fixed: the promisor asks the promisee to appoint a reasonable place (s.49).
- Performance in any manner or at any time the promisee prescribes or sanctions is good performance (s.50).
Read next
- Sections 42 to 45: joint promisors, contribution, release and joint rights
- Sections 51 to 53: reciprocal promises, order of performance and prevention
- Section 55: time as essence of contract and effect of late performance
Disclaimer: Based on the text of the Indian Contract Act, 1872 as consulted on 1 October 2026. Many questions under this Act turn on case law and on the wording of the particular contract, which this article does not cover. It is general information, not legal advice; check the official text and take advice before acting.