Section 1 The Indian Contract Act, 1872

๐Ÿ“˜ Section 1 โ€“ The Indian Contract Act, 1872

๐Ÿ”น Bare Text of Section 1:

1. Short title, extent, and commencement
(1) This Act may be called the Indian Contract Act, 1872.
(2) It extends to the whole of India except the State of Jammu and Kashmir [Note: After abrogation of Article 370 in 2019, it now applies to J&K also].
(3) It shall come into force on the 1st day of September, 1872.

๐Ÿงพ Explanation:

Section 1 is a formal provision that provides:

Title of the Act:

Officially known as the Indian Contract Act, 1872.

Extent of Applicability:

Originally applied to whole of India except Jammu & Kashmir.

Now, it applies throughout India, including J&K (after 5 August 2019).

Date of Enforcement:

The Act came into force on September 1, 1872.

๐Ÿ” Importance of Section 1:

Defines the jurisdiction and applicability of the law.

Tells us when the law started functioning.

Establishes its identity in legal and academic references.

๐Ÿ“š Background Note:

The Indian Contract Act, 1872 was originally a comprehensive Act covering:

Contracts (General Principles โ€“ Sections 1โ€“75),

Contracts relating to Partnership, Sale of Goods, Contracts relating to Indemnity, Guarantee, Bailment, Agency, etc.

Over time, some parts were repealed and codified separately, e.g.:

Sale of Goods Act, 1930

Indian Partnership Act, 1932

Now, the Indian Contract Act, 1872 primarily includes:

General Principles of the Law of Contract (Sections 1โ€“75)

Special kinds of contracts like:

Contract of indemnity and guarantee,

Bailment and pledge,

Agency

LEAVE A COMMENT

0 comments