Discuss the provisions related to discharge of surety under the Indian Contract Act, 1872.

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2026
Discuss the provisions related to discharge of surety under the Indian Contract Act, 1872.

Answer & Explanation:

Under Indian Contract Act, 1872, a surety may be discharged from liability under the following circumstances: By notice of revocation in case of a continuing guarantee as regards future transaction (Section 130.) By the death of the surety as regards future transactions, in a continuing guarantee in the absence of a contract to the contrary (Section 131). Any variation in the terms of the contract between the creditor and the principal debtor, without the consent of the surety, discharges the surety as regards all transactions taking place after the variation (Section 133). A surety will be discharged if the creditor releases the principal debtor, or acts or makes an omission which results in the discharge of the principal debtor (Section 134). But where the creditor fails to sue the principal debtor within the limitation period, the surety is not discharged. Where the creditor, without the consent of the surety, makes an arrangement with the principal debtor for composition, or promises to give time or not to sue him, the surety will be discharged (Section 135). If the creditor does any act which is against the rights of the surety, or omits to do an act which his duty to the surety requires him to do, and the eventual remedy of the surety himself against the principal debtor is thereby impaired, the surety is discharged (Section 139). If the creditor loses or parts with any security which at the time of the contract the debtor had given in favour of the creditor, the surety is discharged to the extent of the value of the security, unless the surety consented to the release of such security by creditor in favour of the debtor. It is immaterial whether the surety was or is aware of such security or not (Section 141).

Topics: Indian Contract Act, 1872

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