Section 152 The Indian Contract Act, 1872
Section 152 – Indian Contract Act, 1872
Title: Bailee not responsible on loss, destruction or deterioration of thing bailed, if he has taken reasonable care
Bare Act Language:
Section 152.
The bailee, in the absence of any special contract, is not responsible for the loss, destruction, or deterioration of the thing bailed, if he has taken the amount of care of it which a man of ordinary prudence would, under similar circumstances, take of his own goods of the same bulk, quality, and value.
🔍 Explanation:
This section protects the bailee (person temporarily holding goods for someone else) from liability, provided:
There is no special contract increasing his liability, and
He has taken reasonable care—same as he would for his own goods.
✅ Key Points:
The bailee is not an insurer of the goods.
The standard is ordinary prudence (reasonable man test).
If loss occurs despite proper care, bailee is not liable.
🧑⚖️ Example:
A gives his gold watch to B for safe custody. B locks it in his personal safe. Despite this, a thief breaks in and steals it.
➡️ B is not liable, as he took reasonable care, unless there was a special contract to the contrary.
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