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Section18
The Indian Contract Act, 1872

"Misrepresentation" defined

In force From 01 Sep 1872 Act 9 of 1872 As on 15 Oct 2026

Act 9 of 1872 Ministry Law and Justice Enacted 25 Apr 1872 In force 01 Sep 1872 Cited by 1 provision

Section 18 of the Indian Contract Act, 1872 deals with "Misrepresentation" defined. "Misrepresentation" means and includes— (1) the positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true; The Act came into force on 01 Sep 1872.

"Misrepresentation" means and includes—

(1) the positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true;

(2) any breach of duty which, without an intent to deceive, gains an advantage to the person committing it, or any one claiming under him; by misleading another to his prejudice, or to the prejudice of any one claiming under him;

(3) causing, however innocently, a party to an agreement, to make a mistake as to the substance of the thing which is the subject of the agreement.

Section 18, 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.

Referred to by 1

  1. s. 14 "Free consent" defined

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.

  1. Ganga Retreat & Towers Ltd. v. State of Rajasthan

    Supreme Court of India 19 Dec 2003 Binding (Supreme Court) Reportable C.A. No. 5188 of 2001

    Court's Decision & Legal Precedent

    Judgment of Main Case order-7.pdf 2003-12-19 DATE VERIFIED. Lahoti/Bhan. CA 5188/2001. Isolates Contract 18/19: an innocent statement of existing law is not misrepresentation; a voidable contract must be promptly rescinded, and affirmation (building on FAR 1.75) extinguishes avoidance. Map contract-act 18 only. Do not pad 10/19/21/22/56 (19 and 56 already filled).

    On this section: An innocent statement of existing law is not misrepresentation under Contract 18; a voidable contract not promptly rescinded is affirmed (Ganga Retreat).

    Read the full order on eCourts India

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 18

What have the courts held on Section 18 of the Indian Contract Act?

Ganga Retreat & Towers Ltd. v. State of Rajasthan (19 Dec 2003) is the leading judgment on this section among those set out below: An innocent statement of existing law is not misrepresentation under Contract 18; a voidable contract not promptly rescinded is affirmed (Ganga Retreat).

How do I find court cases under Section 18 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 18, section 18 Contract Act, section 18 of the Indian Contract Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Ganga Retreat & Towers Ltd. v. State of Rajasthan (19 Dec 2003).

What should I read with Section 18 of the Indian Contract Act, and has it changed?

1 other provision in this corpus refers back to it.

When did Section 18 of the Indian Contract Act come into force?

Section 18 of the Indian Contract Act, cited as Contract Act 18, 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

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 15 Oct 2026. This page is not a substitute for legal advice.