Lien is a right to keep possession of property belonging to another person until a debt owed by that person is discharged. A particular lien under section 170 of the Indian Contract Act 1872, is one in which the person has a right to retain the possession of goods for which the charges are due. A bailee is entitled to a particular lien only.
Under 171 of the Act, when the bailee is entitled to retain any goods bailed to him for any amount due to him in respect of those goods or any other goods, it is called General Lien. A general lien is available to bankers, factors, and attorneys of High Court and policy brokers.
The key difference between general lien and particular lien is as follows:
1) Section: Particular Lien defined under section 170 of the Indian Contract Act 1872 whereas General Lien defined under section 171 of the Indian Contract Act 1872.
2) Explanation: The particular lien can be understood as the right of an individual to keep specific goods bailed, until the dues relating to those goods are discharged. On the contrary, General Lien can be described as the right granted to a person to retain the possession of goods belonging to another person against the general balance of the account.
3) Availability: The particular lien is available only against the goods in respect of which bailee has expensed skill and labor. Conversely, A general lien is available for any goods, in respect of which the claims are not satisfied.
4) Automatic: Particular lien is automatic. Whereas, General Lien is not automatic but is recognized through an agreement.
5) Right to sale goods: In the case of particular lien the bailee cannot sell the goods to realize his/her debts, however, in special conditions, the right is conferred. General Lien is most commonly exercised by bankers, On the other hand, The holder of goods has no right to sell the goods to discharge the amount unpaid, in the case of general lien.
6) Exercised By: Particular lien is employed by a bailee, unpaid seller, finder of goods, pledgee, partner, agent, etc. As against this, general lien applied for the fire fingers, factors, policy brokers, attorneys, etc.
