Section 169: When finder of thing commonly on sale may sell it

In plain words

If a lost item of a kind commonly sold cannot be returned because the owner cannot be found with reasonable diligence, or refuses to pay the finder's lawful charges, the finder can sell it in two cases.

When it is in danger of perishing or of losing most of its value.
When the finder's lawful charges for it reach two-thirds of its value.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Official text

When a thing which is commonly the subject of sale is lost, if the owner cannot with reasonable diligence be found, or if he refuses, upon demand, to pay the lawful charges of the finder, the finder may sell it—

(1) when the thing is in danger of perishing or of losing the greater part of its value, or,

(2) when the lawful charges of the finder, in respect of the thing found, amount to two-thirds of its value.

Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the section 169

No Supreme Court judgment in our database cites this section yet.