Alternative promise, one branch being illegal
Section 58 of the Indian Contract Act, 1872 deals with alternative promise, one branch being illegal. In the case of an alternative promise, one branch of which is legal and the other illegal, the legal branch alone can be enforced. The Act came into force on 01 Sep 1872.
In the case of an alternative promise, one branch of which is legal and the other illegal, the legal branch alone can be enforced.
Illustration
A and B agree that A shall pay B 1,000 rupees, for which B shall afterwards deliver to A either rice or smuggled opium.
This is a valid contract to deliver rice, and a void agreement as to the opium.
Section 58, The Indian Contract Act, 1872 (Act 9 of 1872).
Questions about Section 58
What does Section 58 of the Indian Contract Act deal with?
Section 58 of the Indian Contract Act is headed "Alternative promise, one branch being illegal". In the case of an alternative promise, one branch of which is legal and the other illegal, the legal branch alone can be enforced.
How do I find court cases under Section 58 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 58, section 58 Contract Act, section 58 of the Indian Contract Act. People searching for it also type insurance contracts act 58. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When did Section 58 of the Indian Contract Act come into force?
Section 58 of the Indian Contract Act, cited as Contract Act 58, 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 17 Oct 2026. This page is not a substitute for legal advice.