Voidability of agreements without free consent

Q: When did Section 19 of the Indian Contract Act come into force?

Section 19 of the Indian Contract Act, cited as Contract Act 19, 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.

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 19 of the Indian Contract Act, 1872 deals with voidability of agreements without free consent. When consent to an agreement is caused by coercion, fraud or misrepresentation, the agreement is a contract voidable at the option of the party whose consent was so caused. The Act came into force on 01 Sep 1872.

When consent to an agreement is caused by coercion, ¹ *** fraud or misrepresentation, the agreement is a contract voidable at the option of the party whose consent was so caused.
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.
Exception.—If such consent was caused by misrepresentation or by silence, fraudulent within the meaning of section 17, the contract, nevertheless, is not voidable, if the party whose consent was so caused had the means of discovering the truth with ordinary diligence.
Explanation.—A fraud or misrepresentation which did not cause the consent to a contract of the party on whom such fraud was practised, or to whom such misrepresentation was made, does not render a contract voidable.
Illustrations
(a) A, intending to deceive B, falsely represents that five hundred maunds of indigo are made annually at As factory, and thereby induces B to buy the factory. The contract is voidable at the option of B.
(b) A, by a misrepresentation, leads B erroneously to believe that, five hundred maunds of indigo are made annually at As factory. B examines the accounts of the factory, which show that only four hundred maunds of indigo have been made. After this B buys the factory. The contract is not voidable on account of As misrepresentation.
(c) A fraudulently informs B that As estate is free from incumbrance. B thereupon buys the estate. The estate is subject to a mortgage. B may either avoid the contract, or may insist on its being carried out and the mortgage debt redeemed.
(d) B, having discovered a vein of ore on the estate of A, adopts means to conceal, and does conceal, the existence of the ore from A. Through As ignorance B is enabled to buy the estate at an under-value. The contract is voidable at the option of A.
(e) A is entitled to succeed to an estate at the death of B, B dies: C, having received intelligence of Bs death, prevents the intelligence reaching A, and thus induces A to sell him his interest in the estate. The sale is voidable at the option of A.
Section 19, 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

s. 17 "Fraud" defined

Referred to by 1

s. 178A Pledge by person in possession under voidable contract

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.

Prem Singh v. Birbal

Supreme Court of India 02 May 2006 Binding (Supreme Court) Reportable (2006) 5 SCC 353

Court's Decision & Legal Precedent

Judgment of Main Case order-8.pdf 2006-05-02 DATE VERIFIED. CA 2412/2006. Sinha/Balasubramanyan. Art 59 Limitation applies to voidable fraud/mistake transactions; a void ab initio deed needs no cancellation. Ningawwa: misrepresentation as to character = void, as to contents = voidable. A registered deed is presumed valid; a 1979 suit to set aside a 1961 sale was barred. Isolates Contract Act s.19 (voidability of agreements without free consent). Do not pad Limitation 59 (not in sections.csv as 59) or SRA 31.

On this section: A transaction induced by fraud or misrepresentation as to contents is voidable under s.19 and must be avoided within limitation; misrepresentation as to character is void ab initio (Prem Singh).

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 19

What have the courts held on Section 19 of the Indian Contract Act?

Prem Singh v. Birbal (02 May 2006) is the leading judgment on this section among those set out below: A transaction induced by fraud or misrepresentation as to contents is voidable under s.19 and must be avoided within limitation; misrepresentation as to character is void ab initio (Prem Singh).

How do I find court cases under Section 19 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 19, section 19 Contract Act, section 19 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 Prem Singh v. Birbal (02 May 2006).

What should I read with Section 19 of the Indian Contract Act, and has it changed?

Its own text turns on section 17 ("Fraud" defined), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.

When did Section 19 of the Indian Contract Act come into force?

Section 19 of the Indian Contract Act, cited as Contract Act 19, 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.