KSLU Corner™ New AIBE previous QP

pledge

English · Contract and commercial

Meaning. Bailment of goods as security for payment of a debt or performance of a promise.

Section 172 of the Indian Contract Act, 1872 defines a pledge as the bailment of goods as security. The person who delivers the goods is the pawnor; the creditor who receives them is the pawnee. Delivery of possession, actual or constructive, is essential; without it there is at most a hypothecation.

The pawnee may retain the goods for the debt, interest and expenses (section 173). If the pawnor defaults, the pawnee may sue on the debt and keep the goods as collateral security, or sell them after giving reasonable notice (section 176). A pledge differs from a mortgage, which concerns immovable property, and from a lien, which is only a right to retain.

Example

Since the jeweller had delivered the gold bars to the bank as security, the transaction was a pledge, not a hypothecation.

In Indian law

  • s.172, Indian Contract Act, 1872 (definition)
  • ss.173 and 176, Indian Contract Act, 1872 (pawnee's right of retention and sale)

See also

bailment · lien · mortgage · guarantee

Read more in the study notes

← Back to the dictionary