Indian Contract Act 1872 Section 14: Free Consent Defined
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 so caused when it would not have been given but for the existence of such coercion, undue influence, fraud, misrepresentation, or mistake.”
Explanation to Section 14 Indian Contract Act 1872
Section 14 of the Indian Contract Act, 1872, defines free consent, a critical requirement for a valid contract under Section 10.
In simple terms, consent is free when it is given willingly, without being influenced by coercion (force or threats), undue influence (abusing trust or authority), fraud (deception), misrepresentation (false statements), or mistake (misunderstanding facts).
For consent to be considered not free, the agreement must have been caused by one of these factors, meaning the party would not have agreed without it.
This section ensures contracts are based on genuine, voluntary agreement, protecting parties from unfair or manipulated deals.
Key Points on Section 14 Indian Contract Act 1872
- Free consent means agreement without coercion, undue influence, fraud, misrepresentation, or mistake.
- Refers to definitions in Sections 15 (coercion), 16 (undue influence), 17 (fraud), 18 (misrepresentation), and 20-22 (mistake).
- Consent is not free if caused by any of these factors, making the contract voidable (Section 19).
- Essential for valid contracts under Section 10, ensuring voluntary agreement.
- Protects against exploitation or deception in contract formation.
Examples of Section 14 Indian Contract Act 1872
- A agrees to sell land to B for ₹10 lakh in 2025, with no pressure—Section 14 confirms free consent, forming a valid contract.
- B threatens to harm A’s family unless A signs a contract in 2024—Section 14 deems consent not free due to coercion (Section 15).
- A, B’s trusted advisor, persuades B to sell property cheaply in 2023—Section 14 finds no free consent due to undue influence (Section 16).
- B lies about a car’s condition to get A to buy it in 2025—Section 14 rules consent not free due to fraud (Section 17).
- A mistakenly believes a painting is original and buys it from B in 2024—Section 14 may invalidate consent due to mistake (Section 20).
Case Laws Section 14 Indian Contract Act 1872
- Chikkam Ammiraju v. Chikkam Seshamma (1917): Madras High Court held that a contract signed under a threat to life lacks free consent due to coercion, per Section 14 (ILR 41 Mad 33).
- Derry v. Peek (1889): English case, influential in India, clarified that fraud under Section 14 requires intentional deception, not mere negligence (14 App Cas 337, applied in Indian courts).