Indian Contract Act Section 46 — Time for performance of promise, when no application is to be made and no time is specified

CHAPTER IV OF THE PERFORMANCE OF CONTRACTS — Time and place for performance

Commercial / Corporate

Summary

If a contract says a promise must be performed without the other party asking for it, and the contract does not set a specific deadline, then the person making the promise must do it within a reasonable amount of time.

The explanation clarifies that what counts as a reasonable time is not fixed by law. Instead, it depends on the specific facts and circumstances of each individual case.

Official Text

Where, by the contract, a promisor is to perform his promise without application by the promisee, and no time for performance is specified, the engagement must be performed within a reasonable time.

Explanation.—The question “what is a reasonable time” is, in each particular case, a question of fact.