What does section 17 of the Indian Contract Act define?

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Section 17 of the Indian Contract Act, 1872 defines fraud. It states that fraud is any act committed by a party to a contract (or their agent) with the intent to deceive or induce another party to enter into the agreement.

What is section 17 of the Indian Contract Act?

Section 17(1) of Indian Contract Act, 1872 states that when someone makes a false statement about a material fact or lends secrecy to it, it becomes fraud to the extent that it affects in some way the contract. For example, A sells land to B, saying that it isn't mortgaged, when in fact it is.

What legal issues involve Section 17?

Section 17(a) prohibits fraud in the offer or sale of securities. Overall, fraud—including material misrepresentations and material omissions—are prohibited in the offer, purchase, and sale of securities. At the same time, these provisions differ in several respects.

What is Section 17 and 19 of the contract Act?

Here's the brief explanation of some of the key terms used in section 19 of the Indian Contract Act, 1872: Coercion (Section 15): Forcing a party to agree under threats or undue pressure. Fraud (Section 17): Intentionally deceiving another party to induce them to act to their detriment.

What is Section 17 of the Restatement of contracts?

(1) Except as stated in Subsection (2), the formation of a contract requires a bargain in which there is a manifestation of mutual assent to the exchange and a consideration.

Fraud - section 17 || Effects & Elements || Does Silence Amount To Fraud

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What is the scope of Section 17?

Section 17 of the Arbitration and Conciliation Act, 1996 empowers arbitral tribunals to grant such reliefs in various situations. For instance, a tribunal may direct a party to furnish a bank guarantee or other security to safeguard the sum in dispute.

How to prove mutual mistake?

How do I prove a mutual mistake? You need to show that both parties had the same misunderstanding and that it significantly affected the contract.

What does section 19 of the Indian Contract Act say?

A party to a contract whose consent was caused by fraud or misrepresentation, may, if he thinks fit, insist that the contract shall be performed, and that he shall be put in the position in which he would have been if the representations made had been true.

What are the sections 176 and 177 of the Indian Contract Act, 1872?

Section 176. Pawnee's right where pawnor makes default. Section 177. Defaulting pawnor's right to redeem.

What is the most famous breach of contract case?

The most famous “breach of contract” case is the “Pepsi Points Case.” Pepsi launched a humorous commercial offering to redeem 7,000,000 Pepsi points for an AV-8 Harrier II jump jet.

Is section 17 serious?

Section 17 means your child will be taken away. Section 17 is supportive, not punitive. Its goal is to help families and keep children safe, not remove them. Section 17 is only for serious problems.

What is the importance of section 17?

Section 17(1) of the Income Tax Act describes what counts as 'salary' for income tax purposes. It lists all the payments you receive from your employer that are treated as salary and taxed accordingly. It is important to note that it does not define tax rates.

What are the 4 types of damages?

Damages include the following types: compensatory, nominal, liquidated, and consequential.

What are the three types of acceptance?

Acceptance can take different forms: it can be express (clear verbal or written agreement), conditional (a counteroffer with changes), or implied through conduct.

What makes a contract legally binding?

A legally binding contract is an agreement recognized by law that can be enforced in court. For a contract to be valid and enforceable, it must contain six essential elements: Offer, Acceptance, Consideration, Capacity, Legality, and Mutual Consent.

What is the legal definition of fraudulently?

In law, acting fraudulently means intentionally deceiving someone to gain an unlawful advantage or cause them financial harm. It involves deliberate tricks, lies, or the concealment of crucial facts to deprive a person or entity of money, property, or legal rights.

What is Section 171 of the Indian Contract Act with example?

For example, if you store goods with a banker and owe them money, they can hold onto your goods until you settle the debt. But a regular shopkeeper can't do this unless you both agreed to it beforehand.

Is there any amendment in the Indian Contract Act, 1872?

Amendments to the Indian Contract Act, 1872

Two major amendments are the Indian Contract (Amendment) Act, 1996 and the Indian Contract (Amendment) Bill, 2024 which have streamlined its applicability.

What are the 5 special contracts?

What are the 5 special contracts? The five special contracts under the Indian Contract Act are indemnity, guarantee, bailment, pledge, and agency. These contracts involve specific legal obligations and relationships between parties.

What does section 23 of the Indian Contract Act say?

Section 23 says that the consideration or object of the agreement is unlawful if it “is fraudulent”. If the plaintiff cannot make out his case except through an immoral transaction to which he was a party, he must fail. An agreement to pay a certain sum of money to a prostitute for cohabitation is void.

What is Section 34 of the Indian Contract Act in simple words?

If the future event on which a contract is contingent is the way in which a person will act at an unspecified time, the event shall be considered to become impossible when such person does anything which renders it impossible that he should so act within any definite time, or otherwise than under further contingencies.

What is Section 20 of the Indian Contract Act?

Where both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement the agreement is void. Explanation. —An erroneous opinion as to the value of the thing which forms the subject-matter of the agreement, is not to be deemed a mistake as to a matter of fact.

What are four types of mistakes that can invalidate a contract?

The distinction between the 'common mistake' and the 'mutual mistake' is important. Another breakdown in contract law divides mistakes into four traditional categories: unilateral mistake, mutual mistake, mistranscription, and misunderstanding.

What mistake is likely to be voidable?

In contract law, a mutual (bilateral) mistake of a material fact is most likely to be voidable. This happens when both parties are wrong about a fundamental assumption or a core fact regarding the agreement, meaning there was no true "meeting of the minds".

What are three things that can cause a contract to be void?

A contract will be void where:

  • the parties contract on the basis of a fundamental common mistake.
  • one party contracts on mistaken terms and the other party knows of the mistake.
  • one party is mistaken as to the other party's identity.
  • a party executes a document under a fundamental misapprehension.