Section 14 The Indian Contract Act, 1872
📘 Section 14 – The Indian Contract Act, 1872
Title: "Free Consent"
🔹 Bare Act Language:
Section 14 of the Indian Contract Act, 1872 defines “Free Consent” as follows:
"Consent is said to be free when it is not caused by —
(1) Coercion, as defined in section 15, or
(2) Undue influence, as defined in section 16, or
(3) Fraud, as defined in section 17, or
(4) Misrepresentation, as defined in section 18, or
(5) Mistake, subject to the provisions of sections 20, 21 and 22.Consent is said to be not free when it is caused by any of the factors listed above.
🧾 Explanation:
Section 14 explains that for a contract to be valid, the consent of the parties must be free. If the consent is obtained by any of the following five factors, it is not considered free, and the contract may be voidable:
| Factor | Section Reference | Effect on Contract |
|---|---|---|
| Coercion | Section 15 | Contract is voidable at the option of the aggrieved party |
| Undue Influence | Section 16 | Same as above |
| Fraud | Section 17 | Same as above |
| Misrepresentation | Section 18 | Same as above |
| Mistake | Sections 20–22 | May render the contract void or voidable depending on the nature of mistake |
🔍 Example:
A threatens B to sign a contract to sell his land. B signs under threat.
This is not free consent because of coercion, and B can later void the contract.
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