Indian Contract Act, 1872
Indian Contract Act, 1872
VIII · Section 126

“Contract of guarantee”, “surety”, “principal debtor” and “creditor”.

Synced on 13 Aug 2026Text as per India Code

A “contract of

guarantee” is a contract to perform the promise, or discharge the liability, of a third person in case of his

default. The person who gives the guarantee is called the “surety”; the person in respect of whose default

the guarantee is given is called the “principal debtor”, and the person to whom the guarantee is given is

called the “creditor”. A guarantee may be either oral or written.

Judgments on Section 126