Section 151 The Indian Contract Act, 1872
Section 151 – The Indian Contract Act, 1872
Title: Care to be taken by bailee
🔹 Bare Act Language:
Section 151 – "In all cases of bailment, the bailee is bound to take as much care of the goods bailed to him as a man of ordinary prudence would, under similar circumstances, take of his own goods of the same bulk, quality and value as the goods bailed."
🔍 Explanation:
This section defines the duty of care a bailee (person receiving goods in bailment) must take with respect to the goods entrusted to them.
✅ The bailee must:
Exercise the same level of care as a reasonable person would take of their own goods under similar conditions.
Not be negligent, even if the bailment is gratuitous (without reward).
📦 Example:
A leaves his laptop with B, a friend, for safekeeping.
B must take reasonable care of the laptop, just as he would for his own laptop.
If B is careless and the laptop gets damaged or stolen, B may be held liable.
⚖️ Key Case Law:
Shiv Narayan v. Emperor (1913):
The court held that a bailee must take reasonable care of the goods and can be held liable for negligence under Section 151.
🧠 Important Notes:
This standard is subjective to the nature of the goods (bulk, quality, value).
It does not make the bailee an insurer of the goods — only liable if due care is not taken.
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