Section 149 The Indian Contract Act, 1872
Section 149 of the Indian Contract Act, 1872 deals with the delivery of goods in a contract of bailment.
🔹 Section 149 – Delivery to bailee how made
The delivery to the bailee may be made by doing anything which has the effect of putting the goods bailed in the possession of the intended bailee or of any person authorized to hold them on his behalf.
🔍 Explanation:
This section defines how possession is transferred from the bailor (the person delivering the goods) to the bailee (the person receiving the goods) in a contract of bailment.
Delivery can be:
Actual Delivery – Physically handing over the goods.
Constructive Delivery – Doing something that legally transfers possession, even if the goods are not physically moved (e.g., handing over keys to a godown where goods are stored).
🧑⚖️ Illustration:
Actual Delivery: A gives his watch to B for repair. B physically receives the watch – this is actual delivery.
Constructive Delivery: A stores his goods in a warehouse and tells the warehouse manager to hold the goods for B. Even if B doesn’t take the goods immediately, constructive delivery is complete.
📌 Key Points:
The essence of bailment lies in the transfer of possession, not ownership.
Delivery must be such that the bailee has control or custody of the goods.
Delivery can be through any means that results in possession.
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