Section 15 The Indian Contract Act, 1872
Here is the detailed explanation of:
🔹 Section 15 – The Indian Contract Act, 1872
📘 Section Title: "Coercion" defined
🔍 Text of the Section:
"Coercion is the committing, or threatening to commit, any act forbidden by the Indian Penal Code (45 of 1860), or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever, with the intention of causing any person to enter into an agreement."
Explanation.—It is immaterial whether the IPC is or is not in force in the place where the coercion is employed.
✅ Key Elements of Coercion:
Act or Threat: Includes both actual acts and threats of:
Acts forbidden by the Indian Penal Code (IPC).
Unlawful detention of property.
With Intention: The purpose must be to force a person to enter into a contract.
To the Prejudice of Any Person: The act or threat can be against any person, not necessarily the person entering the contract.
Territorial Scope: Even if IPC is not in force in a particular area, such acts are still considered coercion under this section.
📌 Legal Effect (as per Section 19):
If consent to an agreement is obtained through coercion, the contract is voidable at the option of the party whose consent was so caused.
📚 Example:
A threatens to file a false police complaint against B unless B sells his car to A at a low price. B agrees out of fear.
👉 This is coercion, and the contract is voidable at B's option.
RELATED Blog
0 comments