Indian Contract Act, 1872
भारतीय संविदा अधिनियम, 1872
When agreements become enforceable contracts, their performance, breach and its consequences; also indemnity, guarantee, bailment, pledge and agency.
- 192 sections
- 12 chapters
- Act No. 9 of 1872
Chapters and sections
1PreliminarySections 1 to 2
2Of the communication, acceptance and revocation of proposalsSections 3 to 9
3Of contracts, voidable contracts and void agreementsSections 10 to 30
- 10What agreements are contracts
- 11Who are competent to contract
- 12What is a sound mind for the purposes of contracting
- 13“Consent” defined
- 14“Free consent” defined
- 15“Coercion” defined
- 16“Undue influence” defined
- 17“Fraud” defined
- 18“Misrepresentation” defined
- 19Voidability of agreements without free consent
- 19APower to set aside contract induced by undue influence
- 20Agreement void where both parties are under mistake as to matter of fact
- 21Effect of mistakes as to law
- 22Contract caused by mistake of one party as to matter of fact
- 23What considerations and objects are lawful, and what not
- 24Agreement void, if considerations and objects unlawful in part
- 25Agreement without consideration, void, unless it is in writing and registered, or is a promise to compensate for something done, or is a promise to pay a debt barred by limitation law
- 26Agreement in restraint of marriage, void
- 27Agreement in restraint of trade, void
- 28Agreements in restraint of legal proceeding void
- 29Agreements void for uncertainty
- 30Agreements by way of wager, void
4Of contingent contractsSections 31 to 36
- 31“Contingent contract” defined
- 32Enforcement of contracts contingent on an event happening
- 33Enforcement of contracts contingent on an event not happening
- 34When event on which contract is contingent to be deemed impossible, if it is the future conduct of a living person
- 35When contracts become void which are contingent on happening of specified event within fixed time
- 36Agreement contingent on impossible events void
5Of the performance of contractsSections 37 to 67
- 37Obligation of parties to contracts
- 38Effect of refusal to accept offer of performance
- 39Effect of refusal of party to perform promise wholly
- 40Person by whom promise is to be performed
- 41Effect of accepting performance from third person
- 42Devolution of joint liabilities
- 43Any one of joint promisors may be compelled to perform
- 44Effect of release of one joint promisor
- 45Devolution of joint rights
- 46Time for performance of promise, when no application is to be made and no time is specified
- 47Time and place for performance of promise, where time is specified and no application to be made
- 48Application for performance on certain day to be at proper time and place
- 49Place for performance of promise, where no application to be made and no place fixed for performance
- 50Performance in manner or at time prescribed or sanctioned by promisee
- 51Promisor not bound to perform, unless reciprocal promisee ready and willing to perform
- 52Order of performance of reciprocal promises
- 53Liability of party preventing event on which the contract is to take effect
- 54Effect of default as to that promise which should be first performed, in contract consisting of reciprocal promises
- 55Effect of failure to perform at fixed time, in contract in which time is essential
- 56Agreement to do impossible act
- 57Reciprocal promise to do things legal, and also other things illegal
- 58Alternative promise, one branch being illegal
- 59Application of payment where debt to be discharged is indicated
- 60Application of payment where debt to be discharged is not indicated
- 61Application of payment where neither party appropriates
- 62Effect of novation, rescission, and alteration of contract
- 63Promisee may dispense with or remit performance of promise
- 64Consequences of rescission of voidable contract
- 65Obligation of person who has received advantage under void agreement, or contract that becomes void
- 66Mode of communicating or revoking rescission of voidable contract
- 67Effect of neglect of promisee to afford promisor reasonable facilities for performance
6Of certain relations resembling those created by contractSections 68 to 72
- 68Claim for necessaries supplied to person incapable of contracting, or on his account
- 69Reimbursement of person paying money due by another, in payment of which he is interested
- 70Obligation of person enjoying benefit of non-gratuitous act
- 71Responsibility of finder of goods
- 72Liability of person to whom money is paid, or thing delivered, by mistake or under coercion
7Of the consequences of breach of contractSections 73 to 75
8Sale of goods (repealed)Sections 76 to 123
- 76RepealedOmitted
- 77RepealedOmitted
- 78RepealedOmitted
- 79RepealedOmitted
- 80RepealedOmitted
- 81RepealedOmitted
- 82RepealedOmitted
- 83RepealedOmitted
- 84RepealedOmitted
- 85RepealedOmitted
- 86RepealedOmitted
- 87RepealedOmitted
- 88RepealedOmitted
- 89RepealedOmitted
- 90RepealedOmitted
- 91RepealedOmitted
- 92RepealedOmitted
- 93RepealedOmitted
- 94RepealedOmitted
- 95RepealedOmitted
- 96RepealedOmitted
- 97RepealedOmitted
- 98RepealedOmitted
- 99RepealedOmitted
- 100RepealedOmitted
- 101RepealedOmitted
- 102RepealedOmitted
- 103RepealedOmitted
- 104RepealedOmitted
- 105RepealedOmitted
- 106RepealedOmitted
- 107RepealedOmitted
- 108RepealedOmitted
- 109RepealedOmitted
- 110RepealedOmitted
- 111RepealedOmitted
- 112RepealedOmitted
- 113RepealedOmitted
- 114RepealedOmitted
- 115RepealedOmitted
- 116RepealedOmitted
- 117RepealedOmitted
- 118RepealedOmitted
- 119RepealedOmitted
- 120RepealedOmitted
- 121RepealedOmitted
- 122RepealedOmitted
- 123RepealedOmitted
9Of indemnity and guaranteeSections 124 to 147
- 124“Contract of indemnity” defined
- 125Rights of indemnity-holder when sued
- 126“Contract of guarantee”, “surety”, “principal debtor” and “creditor”
- 127Consideration for guarantee
- 128Surety‟s liability
- 129“Continuing guarantee”
- 130Revocation of continuing guarantee
- 131Revocation of continuing guarantee by surety‟s death
- 132Liability of two persons, primarily liable, not affected by arrangement between them that one shall be surety on other‟s default
- 133Discharge of surety by variance in terms of contract
- 134Discharge of surety by release or discharge of principal debtor
- 135Discharge of surety when creditor compounds with, gives time to, or agrees not to sue, principal debtor
- 136Surety not discharged when agreement made with third person to give time to principal debtor
- 137Creditor‟s forbearance to sue does not discharge surety
- 138Release of one co-surety does not discharge others
- 139Discharge of surety of creditor‟s act or omission impairing surety‟s eventual remedy
- 140Rights of surety on payment or performance
- 141Surety‟s right to benefit of creditor‟s securities
- 142Guarantee obtained by misrepresentation invalid
- 143Guarantee obtained by concealment invalid
- 144Guarantee on contract that creditor shall not act on it until co-surety joins
- 145Implied promise to indemnify surety
- 146Co-sureties liable to contribute equally
- 147Liability of co-sureties bound in different sums
10Of bailmentSections 148 to 181
- 148“Bailment”, “bailor” and “bailee” defined
- 149Delivery to bailee how made
- 150Bailor‟s duty to disclose faults in goods bailed
- 151Care to be taken by bailee
- 152Bailee when not liable for loss, etc., of thing bailed
- 153Termination of bailment by bailee‟s act inconsistent with conditions
- 154Liability of bailee making unauthorized use of goods bailed
- 155Effect of mixture, with bailor‟s consent, of his goods with bailee‟s
- 156Effect of mixture, without bailor‟s consent, when the goods can be separated
- 157Effect of mixture, without bailor‟s consent, when the goods cannot be separated
- 158Repayment, by bailor, of necessary expenses
- 159Restoration of goods lent gratuitously
- 160Return of goods bailed on expiration of time or accomplishment of purpose
- 161Bailee‟s responsibility when goods are not duly returned
- 162Termination of gratuitous bailment by death
- 163Bailor entitled to increase or profit from goods bailed
- 164Bailor‟s responsibility to bailee
- 165Bailment by several joint owners
- 166Bailee not responsible on re-delivery to bailor without title
- 167Right of third person claiming goods bailed
- 168Right of finder of goods
- 169When finder of thing commonly on sale may sell it
- 170Bailee‟s particular lien
- 171General lien of bankers, factors, wharfingers, attorneys and policy-brokers
- 172“Pledge”, “Pawnor” and “Pawnee” defined
- 173Pawnee‟s right of retainer
- 174Pawnee not to retain for debt or promise other than that for which goods pledged
- 175Pawnee‟s right as to extraordinary expenses incurred
- 176Pawnee‟s right where pawnor makes default
- 177Defaulting pawnor‟s right to redeem
- 178Pledge by mercantile agent
- 178APledge by person in possession under voidable contract
- 179Pledge where pawnor has only a limited interest
- 180Suit by bailor or bailee against wrong-doer
- 181Apportionment of relief or compensation obtained by such suits
11AgencySections 182 to 238
- 182“Agent” and “principal” defined
- 183Who may employ agent
- 184Who may be an agent
- 185Consideration not necessary
- 186Agent‟s authority may be expressed or implied
- 187Definitions of express and implied authority
- 188Extent of agent‟s authority
- 189Agent‟s authority in an emergency
- 190When agent cannot delegate
- 191“Sub-agent” defined
- 192Representation of principal by sub-agent properly appointed
- 193Agent‟s responsibility for sub-agent appointed without authority
- 194Relation between principal and person duly appointed by agent to act in business of agency
- 195Agent‟s duty in naming such person
- 196Right of person as to acts done for him without his authority
- 197Ratification may be expressed or implied
- 198Knowledge requisite for valid ratification
- 199Effect of ratifying unauthorized act forming part of a transaction
- 200Ratification of unauthorized act cannot injure third person
- 201Termination of agency
- 202Termination of agency, where agent has an interest in subject-matter
- 203When principal may revoke agent‟s authority
- 204Revocation where authority has been partly exercised
- 205Compensation for revocation by principal, or renunciation by agent
- 206Notice of revocation or renunciation
- 207Revocation and renunciation may be expressed or implied
- 208When termination of agent‟s authority takes effect as to agent, and as to third persons
- 209Agent‟s duty on termination of agency by principal‟s death or insanity
- 210Termination of sub-agent‟s authority
- 211Agent‟s duty in conducting principal‟s business
- 212Skill and diligence required from agent
- 213Agent‟s accounts
- 214Agent‟s duty to communicate with principal
- 215Right of principal when agent deals, on his own account, in business of agency without principal‟s consent
- 216Principal‟s right to benefit gained by agent dealing on his own account in business of agency
- 217Agent‟s right of retainer out of sums received on principal‟s account
- 218Agent‟s duty to pay sums received for principal
- 219When agent‟s remuneration becomes due
- 220Agent not entitled to remuneration for business misconducted
- 221Agent‟s lien on principal‟s property
- 222Agent to be indemnified against consequences of lawful acts
- 223Agent to be indemnified against consequences of acts done in good faith
- 224Non-liability of employer of agent to do a criminal act
- 225Compensation to agent for injury caused by principal‟s neglect
- 226Enforcement and consequences of agent‟s contracts
- 227Principal how far bound, when agent exceeds authority
- 228Principal not bound when excess of agent‟s authority is not separable
- 229Consequences of notice given to agent
- 230Agent cannot personally enforce, nor be bound by, contracts on behalf of principal
- 231Rights of parties to a contract made by agent not disclosed
- 232Performance of contract with agent supposed to be principal
- 233Right of person dealing with agent personally liable
- 234Consequence of inducing agent or principal to act on belief that principal or agent will be held exclusively liable
- 235Liability of pretended agent
- 236Person falsely contracting as agent not entitled to performance
- 237Liability of principal inducing belief that agent‟s unauthorized acts were authorized
- 238Effect, on agreement, of misrepresentation or fraud by agent
12Of partnership (repealed)Sections 239 to 266
- 239RepealedOmitted
- 240RepealedOmitted
- 241RepealedOmitted
- 242RepealedOmitted
- 243RepealedOmitted
- 244RepealedOmitted
- 245RepealedOmitted
- 246RepealedOmitted
- 247RepealedOmitted
- 248RepealedOmitted
- 249RepealedOmitted
- 250RepealedOmitted
- 251RepealedOmitted
- 252RepealedOmitted
- 253RepealedOmitted
- 254RepealedOmitted
- 255RepealedOmitted
- 256RepealedOmitted
- 257RepealedOmitted
- 258RepealedOmitted
- 259RepealedOmitted
- 260RepealedOmitted
- 261RepealedOmitted
- 262RepealedOmitted
- 263RepealedOmitted
- 264RepealedOmitted
- 265RepealedOmitted
- 266RepealedOmitted
Text: the updated official English text on India Code, with later amendments (through the open-laws dataset). Legaflix is checking it against the official copy; amendment notes and Schedules are not added yet.