Indian Contract Act, 1872 · Chapter IX: Of Bailment · Bailments of pledges
Section 172: "Pledge", "Pawnor" and "Pawnee" defined
In plain words
A pledge is a bailment of goods as security for payment of a debt or performance of a promise. The bailor is called the pawnor and the bailee the pawnee.
Example: Handing over gold jewellery to a lender as security for a loan is a pledge.
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.
Read the in-depth explanation, with key Supreme Court rulings ↓
Official text
The bailment of goods as security for payment of a debt or performance of a promise is called "pledge". The bailor is in this case called the "pawnor". The bailee is called the "pawnee".
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.
Understanding this section
Section 172 defines a pledge as a bailment of goods as security for payment of a debt or performance of a promise. The bailor is the pawnor and the bailee the pawnee.
The two essentials
- Delivery of possession, actual or constructive. Without delivery there is no pledge.
- The pawnee gets only a special property in the goods; ownership stays with the pawnor.
Pledge, hypothecation and mortgage
| Security | Possession | Typical use |
|---|---|---|
| Pledge | With the creditor | Gold loans, pledged shares, warehoused goods |
| Hypothecation | Stays with the debtor; creditor has a charge | Vehicle loans, stock and book debts |
| Mortgage | Usually with the debtor | Immovable property (Transfer of Property Act) |
Rights of the pawnee
- Retain the goods for the debt, interest and necessary expenses (section 173).
- Recover extraordinary expenses of preservation (section 175).
- On default, sue on the debt or sell after reasonable notice (section 176).
Dematerialised shares
Pledges of dematerialised securities are made through the depository system, but the Supreme Court has held that the Depositories Act operates in addition to the Contract Act, not in derogation of it, so the rules of pledge still apply.
Key Supreme Court rulings
Lallan Prasad v. Rahmat Ali AIR 1967 SC 1322
There is "no difference between the common law of England and the law with regard to pledge as codified in sections 172 to 176". The pawnee may retain the goods and sue on the debt, but must be able to return them on payment; a pawnee who cannot redeliver the goods must give credit for their value.
PTC India Financial Services Ltd. v. Venkateswarlu Kari 2022 INSC 562
The Depositories Act and the 1996 Regulations regulate how dematerialised securities are pledged but do not override the Contract Act's law of pledge; the pawnee has a special, not general, property in the pledged shares.
Common mistakes
- Calling hypothecation a pledge; without delivery of possession it is not one.
- Treating the pawnee as the owner of the pledged goods.
- Forgetting that the Contract Act still governs demat pledges.
Read with: Section 176 Indian Contract Act, 1872, Section 148 Indian Contract Act, 1872, Section 171 Indian Contract Act, 1872
Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.
Supreme Court judgments citing the section 172
- M/S Vistra Itcl (India) Ltd v. Mr. Dinkar
- Ptc India Financial Services Limited v. Venkateswarlu Kari and Another
- Infrastructure Leasing & Financial Services Limited v. B.P.L. Limited
- Maharashtra State Co-Operative Bank Ltd. v. The Assistant Provident Fund Commissioner and Ors.
- Union of India & Ors. v. Sicom Ltd. & Anr.
- Central Bank of India v. Siriguppa Sugars & Chemicals Ltd. & Ors.
- O. Konavalov v. Commander, Coast Guard Region and Ors.
- Associated Timber Industries and Ors. v. Central Bank of India and Anr.
- Vimal Chandra Grover v. Bank of India
- Standard Chartered Bank and Anr. Etc. v. Custodian and Another Etc.
- Karnataka Pawn Brokers Asson. and Ors. Etc. v. State of Karnataka and Ors.