ICA Section 63: Promisee may dispense with or remit performance of promise
Indian Contract Act, 1872 · Chapter 4: Performance of Contracts
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63. Promisee may dispense with or remit performance of promise . Every promisee may dispense with or remit, wholly or in part, the performance of the promise made to him, or may extend the time for such performance, or may accept instead of it any satisfaction which he thinks fit.
Illustrations
(a) A promises to paint a picture for B. B afterwards forbids him to do so. A is no longer bound to perform the promise.
(b) A owes B 5,000 rupees. A pays to B, and B accepts, in satisfaction of the whole debt, 2,000 rupees paid at the time and place at which the 5,000 rupees were payable. The whole debt is discharged.
(c) A owes B 5,000 rupees. C pays to B 1,000 rupees, and B accepts them, in satisfaction of his claim on A. This payment is a discharge of the whole claim.
(d) A owes B, under. a contract, a sum of money, the amount of which has not been ascertained. A' without ascertaining the amount, gives to B, and B, in satisfaction thereof, accepts, the sum of 2,000 rupees. This is a discharge of the whole debt, whatever may be its amount.
(e) A owes B 2,000 rupees, and is also indebted to other creditors. A makes an arrangement with his creditors, including B, to pay them a composition of eight annas in the rupee upon their respective demands. Payment to B of 1,000 rupees is a discharge of B's demand.
Official reference: India Code, Legislative Department — checked: 29 September 2026.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 37. Obligation of parties to contracts
- 38. Effect of refusal to accept offer of performance
- 39. Effect of refusal of party to perform promise wholly
- 40. Person by whom promise is to be performed
- 41. Effect of accepting performance from third person
- 42. Devolution of joint liabilities
- 43. Any one of joint promisors may be compelled to perform
- 44. Effect of release of one joint promisor
- 45. Devolution of joint rights
- 46. Time for performance of promise, when no application is to be made and no time is specified
- 47. Time and place for performance of promise, where time is specified and no application to be made
- 48. Application for performance on certain day to be at proper time and place
- 49. Place for performance of promise, where no application to be made and no place fixed for performance
- 50. Performance in manner or at time prescribed or sanctioned by promisee
- 51. Promisor not bound to perform, unless reciprocal promisee ready and willing to perform
- 52. Order of performance of reciprocal promises
- 53. Liability of party preventing event on which the contract is to take effect
- 54. Effect of default as to that promise which should be first performed, in contract consisting of reciprocal promises
- 55. Effect of failure to perform at fixed time, in contract in which time is essential
- 56. Agreement to do impossible act. An agreement to do an act impossible in itself is void. Contract to do act afterwards becoming impossible or unlawful
- 57. Reciprocal promise to do things legal and also other things illegal
- 58. Alternative promise, one branch being illegal
- 59. Application of payment where debt to be discharged is indicated
- 60. Application of payment where debt to be discharged is not indicated
- 61. Application of payment where neither party appropriates
- 62. Effect of novation, rescission, and alteration of contract
- 64. Consequences of rescission of voidable contract
- 65. Obligation of person who has received advantage under void agreement, or contract that becomes void
- 66. Mode of communicating or revoking rescission of voidable contract
- 67. Effect of neglect of promisee to afford promisor reasonable facilities for performance