Indian Contract Act, 1872 – Section wise Bare Act

Indian Contract Act, 1872


Section-1 Short title
Section-2 Interpretation-clause

Chapter-I Of The Communication, Acceptance and Revocation of Proposals

Section-3 Communication, acceptance and revocation of proposals
Section-4 Communication when complete
Section-5 Revocation of proposals and acceptances
Section-6 Revocation how made
Section-7 Acceptance must be absolute
Section-8 Acceptance by performing conditions, or receiving consideration
Section-9 Promises, express and implied

Chapter-II Of Contracts, Voidable Contracts and Void Agreements

Section-10 What agreements are contracts
Section-11 Who are competent to contract
Section-12 What is a sound mind for the purposes of contracting
Section-13 “Consent” defined
Section-14 “Free consent” defined
Section-15 “Coercion” defined
Section-16 “Undue influence” defined
Section-17 “Fraud” defined
Section-18 Misrepresentation” defined
Section-19 Voidability of agreements without free consent
Section-19A Power to set aside contract induced by undue influence
Section-20 Agreement void where both parties are under mistake as to matter of fact
Section-21 Effect of mistakes as to law
Section-22 Contract caused by mistake of one party as to matter of fact
Section-23 What considerations and objects are lawful, and what not
Section-24 Agreements void, if considerations and objects unlawful in part
Section-25 Agreement 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
Section-26 Agreement in restraint of marriage, void
Section-27 Agreement in restraint of trade, void
Section-28 Agreements in restraint of legal proceedings, void
Section-29 Agreements void for uncertainty
Section-30 Agreements by way of wager void

Chapter-III Of Contingent Contracts

Section-31 “Contingent contract” defined
Section-32 Enforcement of contracts contingent on an event happening
Section-33 Enforcement of contracts contingent on an event not happening
Section-34 When event on which contract is contingent to be deemed impossible, if it is the future conduct of a living person
Section-35 When contracts become void which are contingent on happening of specified event within fixed time
Section-36 Agreement contingent on impossible events void

Chapter-IV Of the Performance of Contracts

Section-37 Obligation of parties to contracts
Section-38 Effect of refusal to accept offer of performance
Section-39 Effect of refusal of party to perform promise wholly
Section-40 Person by whom promise is to be performed
Section-41 Effect of accepting performance from third person
Section-42 Devolution of joint liabilities
Section-43 Any one of joint promisors may be compelled to perform
Section-44 Effect of release of one joint promisor
Section-45 Devolution of joint rights
Section-46 Time for performance of promise, when no application is to be made and no time is specified
Section-47 Time and place for performance of promise, where time is specified and no application to be made
Section-48 Application for performance on certain day to be at proper time and place
Section-49 Place for performance of promise, where no application to be made and no place fixed for performance
Section-50 Performance in manner or at time prescribed or sanctioned by promisee
Section-51 Promisor not bound to perform, unless reciprocal promisee ready and willing to perform
Section-52 Order of performance of reciprocal promises
Section-53 Liability of party preventing event on which the contract is to take effect
Section-54 Effect of default as to that promise which should be first performed, in contract consisting of reciprocal promises
Section-55 Effect of failure to perform at fixed time, in contract in which time is essential
Section-56 Agreement to do impossible act
Section-57 Reciprocal promise to do things legal, and also other things illegal
Section-58 Alternative promise, one branch being illegal
Section-59 Application of payment where debt to be discharged is indicated
Section-60 Application of payment where debt to be discharged is not indicated
Section-61 Application of payment where neither party appropriates
Section-62 Effect of novation, rescission, and alteration of contract
Section-63 Promisee may dispense with or remit performance of promisee
Section-64 Consequences of rescission of voidable contract
Section-65 Obligation of person who has received advantage under void agreement, or contract that becomes void
Section-66 Mode of communicating or revoking rescission of voidable contract
Section-67 Effect of neglect of promisee to afford promisor reasonable facilities for performance

Chapter-V Of Certain Relations Resembling those created by Contract

Section-68 Claim for necessaries supplied to person incapable of contracting, or on his account
Section-69 Reimbursement of person paying money due by another, in payment of which he is interested
Section-70 Obligation of person enjoying benefit of non-gratuitous act
Section-71 Responsibility of finder of goods
Section-72 Liability of person to whom money is paid, or thing delivered, by mistake or under coercion

Chapter-VI Of the consequences of Breach of Contract

Section-73 Compensation for loss or damage caused by breach of contract
Section-74 Compensation for breach of contract where penalty stipulated for
Section-75 Party rightfully rescinding contract, entitled to compensation

Chapter-VII Sale of Goods

Section 76 to 123 Repealed

Chapter-VIII Of Indemnity and Guarantee

Section-124 “Contract of indemnity” defined
Section-125 Rights of indemnity-holder when sued
Section-126 “Contract of guarantee”, “surety”, “principal debtor” and “creditor”
Section-127 Consideration for guarantee
Section-128 Surety’s liability
Section-129 “Continuing guarantee”
Section-130 Revocation of continuing guarantee
Section-131 Revocation of continuing guarantee by surety’s death
Section-132 Liability of two persons, primarily liable, not affected by arrangement between them that one shall be surety on other’s default
Section-133 Discharge of surety by variance in terms of contract
Section-134 Discharge of surety by release or discharge of principal debtor
Section-135 Discharge of surety when creditor compounds with, gives time to, or agrees not to sue, principal debtor
Section-136 Surety not discharged when agreement made with third person to give time to principal debtor
Section-137 Creditor’s forbearance to sue does not discharge surety
Section-138 Release of one co-surety does not discharge others
Section-139 Discharge of surety by creditor’s act or omission impairing surety’s eventual remedy
Section-140 Rights of surety on payment or performance
Section-141 Surety’s right to benefit of creditor’s securities
Section-142 Guarantee obtained by misrepresentation invalid
Section-143 Guarantee obtained by concealment invalid
Section-144 Guarantee on contract that creditor shall not act on it until co-surety joins
Section-145 Implied promise to indemnify surety
Section-146 Co-sureties liable to contribute equally
Section-147 Liability of co-sureties bound in different sums

Chapter-IX Of Bailment

Section-148 “Bailment” “bailor” and “bailee” defined
Section-149 Delivery to bailee how made
Section-150 Bailor’s duty to disclose faults in goods bailed
Section-151 Care to be taken by bailee
Section-152 Bailee when not liable for loss, etc., of thing bailed
Section-153 Termination of bailment by bailee’s act inconsistent with conditions
Section-154 Liability of bailee making unauthorized use of goods bailed
Section-155 Effect of mixture, with bailor’s consent, of his goods with bailee’s
Section-156 Effect of mixture without bailor’s consent, when the goods can be separated
Section-157 Effect of mixture, without bailor’s consent, when the goods cannot be separated
Section-158 Repayment, by bailor, of necessary expenses
Section-159 Restoration of goods lent gratuitously
Section-160 Return of goods bailed, on expiration of time or accomplishment of purpose
Section-161 Bailee’s responsibility when goods are not duly returned
Section-162 Termination of gratuitous bailment by death
Section-163 Bailor entitled to increase or profit from goods bailed
Section-164 Bailor’s responsibility to bailee
Section-165 Bailment by several joint owners
Section-166 Bailee not responsible on re-delivery to bailor without title
Section-167 Right of third person claiming goods bailed
Section-168 Right of finder of goods, may sue for specific reward offered
Section-169 When finder of thing commonly on sale may sell it
Section-170 Bailee’s particular lien
Section-171 General lien of bankers, factors, wharfingers, attorneys and policy-brokers
Section-172 “Pledge”“pawnor”,and “pawnee” defined
Section-173 Pawnee’s right of retainer
Section-174 Pawnee not to retain for debt or promise other than that for which goods pledged. Presumption in case of subsequent advances
Section-175 Pawnee’s right as to extraordinary expenses incurred
Section-176 Pawnee’s right where pawnor makes default
Section-177 Defaulting pawner’s right to redeem
Section-178 Pledge by mercantile agent
Section-178A Pledge by person in possession under voidable contract
Section-179 Pledge where pawnor has only a limited interest
Section-180 Suit by bailor or bailee against wrong-doer
Section-181 Apportionment of relief or compensation obtained by such suits

Chapter-X Agency

Section-182 “Agent” and “principal” defined
Section-183 Who may employ agent
Section-184 Who may be an agent
Section-185 Consideration not necessary
Section-186 Agent’s authority may be expressed or implied
Section-187 Definitions of express and implied authority
Section-188 Extent of agent’s authority
Section-189 Agent’s authority in an emergency
Section-190 When agent cannot delegate
Section-191 “Sub-agent” defined
Section-192 Representation of principal by sub-agent properly appointed
Section-193 Agent’s responsibility for sub-agent appointed without authority
Section-194 Relation between principal and person duly appointed by agent to act in business of agency
Section-195 Agent’s duty in naming such person
Section-196 Right of person as to acts done for him without his authority. Effect of ratification
Section-197 Ratification may be expressed or implied
Section-198 Knowledge requisite for valid ratification
Section-199 Effect of ratifying unauthorized act forming part of a transaction
Section-200 Ratification of unauthorized act cannot injure third person
Section-201 Termination of agency
Section-202 Termination of agency, where agent has an interest in subject-matter
Section-203 When principal may revoke agent’s authority
Section-204 Revocation where authority has been partly exercised
Section-205 Compensation for revocation by principal, or renunciation by agent
Section-206 Notice of revocation or renunciation
Section-207 Revocation and renunciation may be expressed or implied
Section-208 When termination of agent’s authority takes effect as to agent, and as to third persons
Section-209 Agent’s duty on termination of agency by principal’s death or insanity
Section-210 Termination of sub-agent’s authority
Section-211 Agent’s duty in conducting principal’s business
Section-212 Skill and diligence required from agent
Section-213 Agent’s accounts
Section-214 Agent’s duty to communicate with principal
Section-215 Right of principal when agent deals, on his own account, in business of agency without principal’s consent
Section-216 Principal’s right to benefit gained by agent dealing on his own account in business of agency
Section-217 Agent’s right of retainer out of sums received on principal’s account
Section-218 Agent’s duty to pay sums received for principal
Section-219 When agent’s remuneration becomes due
Section-220 Agent not entitled to remuneration for business misconducted
Section-221 Agent’s lien on principal’s property
Section-222 Agent to be indemnified against consequences of lawful acts
Section-223 Agent to be indemnified against consequences of acts done in good faith
Section-224 Non-liability of employer of agent to do a criminal act
Section-225 Compensation to agent for injury caused by principal’s neglect
Section-226 Enforcement and consequences of agent’s contracts
Section-227 Principal how far bound, when agent exceeds authority
Section-228 Principal not bound when excess of agent’s authority is not separable
Section-229 Consequences of notice given to agent
Section-230 Agent cannot personally enforce, nor be bound by, contracts on behalf of principal
Section-231 Rights of parties to a contract made by agent not disclosed
Section-232 Performance of contract with agent supposed to be principal
Section-233 Right of person dealing with agent personally liable
Section-234 Consequence of inducing agent or principal to act on belief that principal or agent will be held exclusively liable
Section-235 Liability of pretended agent
Section-236 Person falsely contracting as agent not entitled to performance
Section-237 Liability of principal inducing belief that agent’s unauthorized acts were authorized
Section-238 Effect, on agreement, of misrepresentation of fraud, by agent

Chapter-XI Of Partnership

Section-239 to 266 and schedule

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