Section 265 The Indian Contract Act, 1872
Certainly. Let’s go a little deeper into why Section 265 of the Indian Contract Act, 1872 does not exist, and what that means:
🔹 Structure of the Indian Contract Act, 1872
The Indian Contract Act, 1872 is one of the oldest and most important pieces of legislation in Indian commercial law. However, despite its name, it does not have 265 sections.
Originally, the Act was designed to cover various types of contracts under one law. Over time, some parts of it were repealed or split off into separate laws. Here's how it's structured now:
✅ Present Valid Sections:
The Indian Contract Act currently contains only 75 sections, divided into 2 parts:
Part 1: General Principles Relating to Contracts (Sections 1–75)
These include:
Offer and acceptance
Consideration
Capacity to contract
Free consent
Legality of object
Void agreements
Contingent contracts
Performance of contract
Breach of contract
Remedies (e.g., damages, injunction, etc.)
Part 2: Special Kinds of Contracts
These sections are still part of the Act and relate to:
Contract of Indemnity and Guarantee (Sections 124–147)
Contract of Bailment and Pledge (Sections 148–181)
Contract of Agency (Sections 182–238)
🚫 Repealed or Transferred Parts:
Earlier, the Act also included:
Contracts relating to Sale of Goods — moved to The Sale of Goods Act, 1930
Contracts relating to Partnership — moved to The Indian Partnership Act, 1932
So, while sections from 1 to 75 and 124 to 238 still apply, section numbers like 265 are not valid under this Act.
❓ Why Might You See “Section 265”?
If you’ve seen “Section 265, Indian Contract Act, 1872” written somewhere, there are a few possibilities:
Typographical error or confusion with another law (like the Indian Penal Code or a local state law).
Misreferencing — sometimes books or websites make mistakes in citations.
Hypothetical/fictional citations used in mock trials or law school exercises.
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