"Free consent" defined
Section 14 of the Indian Contract Act, 1872 deals with "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 The Act came into force on 01 Sep 1872.
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.
Section 14, The Indian Contract Act, 1872 (Act 9 of 1872).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Manubhai Chhaganbhai Thakore v. Union Bank of India
Court's Decision & Legal Precedent
HC Final Order order-1.pdf 2007-04-03 DATE VERIFIED. Gujarat DB Kapadia/Puj. LPA 676/2006. Extracts Contract 13 (consent = agree upon the same thing in the same sense) and 14 (free consent is not caused by coercion, undue influence, fraud, misrepresentation or mistake). Resignation accepted and dues taken without demur was a conscious decision; no evidence that mental capacity was affected, so free consent was not vitiated. Map contract-act 14 only. Do not pad 13 (definitional only), 16 (already filled) or 19A.
On this section: Consent is free under s.14 only when it is not caused by coercion, undue influence, fraud, misrepresentation or mistake (Manubhai Chhaganbhai Thakore).
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Tresa Correia vs Chandralekha James Anthony and 2 ORS
Court's Decision & Legal Precedent
When a tenant or person claiming through a tenant takes the sole defense of denying the landlord's title during the continuation of tenancy, such defense is barred under Section 116 of the Indian Evidence Act, 1872 (now Section 122 of Bharatiya Sajshya Adhiniyam, 2023). In such circumstances, the bare denial of the landlord's case without raising any other substantial and valid defense amounts to deemed admission of the jural relationship between landlord and tenant, and the court is entitled to pass judgment on admission under Order XII Rule 6 of the Code of Civil Procedure, 1908, without requiring full trial.
On this section: Free consent - plaintiff argued that leave and license agreement lacked free consent as defendant no. 3 had no intention of staying in property
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 14
What have the courts held on Section 14 of the Indian Contract Act?
Manubhai Chhaganbhai Thakore v. Union Bank of India (03 Apr 2007) is the leading judgment on this section among those set out below: Consent is free under s.14 only when it is not caused by coercion, undue influence, fraud, misrepresentation or mistake (Manubhai Chhaganbhai Thakore). Another 1 judgment on this section is set out below. They run from 2007 to 2026.
How do I find court cases under Section 14 of the Indian Contract Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Contract Act 14, section 14 Contract Act, section 14 of the Indian Contract Act. People searching for it also type indian contract act 14. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Manubhai Chhaganbhai Thakore v. Union Bank of India (03 Apr 2007).
What should I read with Section 14 of the Indian Contract Act, and has it changed?
Its own text turns on section 15 ("Coercion" defined), section 16 ("Undue influence" defined), section 17 ("Fraud" defined), section 18 ("Misrepresentation" defined), and on 3 further provisions, so none of them can safely be read on its own.
When did Section 14 of the Indian Contract Act come into force?
Section 14 of the Indian Contract Act, cited as Contract Act 14, came into force on 01 Sep 1872, having been enacted on 25 Apr 1872. It is in force as at the date shown on this page.
Other sections of this Act
- 73. Compensation for loss or damage caused by breach of contract1822 words
- 23. What considerations and objects are lawful, and what not596 words
- 74. Compensation for breach of contract where penalty stipulated for577 words
- 28. Agreements in restraint of legal proceeding void512 words
- 25. Agreement without consideration, void, unless it is in writing and registered, or is a promise to compensate for something done, or is a promise to pay a debt barred by limitation law423 words
- 16. "Undue influence" defined397 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.