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The Indian Contract Act, 1872: page 10
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THE INDIAN CONTRACT ACT, 1872
ACT NO. 9 OF 18721
[25th April, 1872.]
Preamble—WHEREAS it is expedient to define and amend certain parts of the law relating to
contracts;
It is hereby enacted as follows:—
PRELIMINARY
1. Short title.—This Act may be called the Indian Contract Act, 1872.
Extent, Commencement.—It extends to the whole of India 2[ 3***]; and it shall come into force on
the first day of September, 1872.
Saving—4*** Nothing herein contained shall affect the provisions of any Statute, Act or Regulation
not hereby expressly repealed, nor any usage or custom of trade, nor any incident of any contract, not
inconsistent with the provisions of this Act.
2. Interpretation-clause.—In this Act the following words and expressions are used in the following
senses, unless a contrary intention appears from the context:— e
od
(a) When one person signifies to another his willingness to do or to abstain from doing anything,
with a view to obtaining the assent of that other to such act or abstinence, he is said to make a
proposal; aC
di
In
1. For the Statement of Objects and Reasons for the Bill which was based on a a report of Her Majesty’s Commissioners
appointed to prepare a body of substantive law for India, dated 6th July, 1866, see Gazette of India, 1867 Extraordinary, p. 34; for
the Report of the Select Committee, see ibid., Extraordinary, dated 28th March, 1872; for discussions in Council, see ibid., 1867,
Supplement, p. 1064; ibid., 1871, p. 313, and ibid., 1872, p. 527. It has been amended in C.P. by C.P. Act 1 of 1915 and in C.P.
and Berar by C.P. and Berar Act 15 of 1938.
The Chapters and sections of the Transfer of Property Act, 1882 (4 of 1882), which relate to contracts are, in places in which
that Act is in force, to be taken as part of this Act—see Act 4 of 1882, s. 4.
This Act has been extended to Berar by the Berar Laws Act, 1941 (4 of 1941) to Dadra and Nagar Haveli by Reg. 6 of 1963,
s. 2 and Sch. I to Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and Sch., (w.e.f. 1-10-1965) to Laccadive, Minicoy and
Amindivi Islands by
Reg. 8 of 1965, s. 3 and Sch., to Pondicherry by Act 26 of 1968, s. 3 and Sch. and has been declared to be in force in—
the Sonthal Parganas—see Sonthal Parganas Settlement Regulation, 1872 (3 of 1872), s. 3, as amended by the Sonthal
Parganas Justice and Laws Regulation, 1899 (3 of 1899), s. 3.
Panth Piploda—see the Panth Piploda Law Regulation, 1929 (1 of 1929), s. 2.
It has been declared, by notification under s. 3(a) of the Scheduled Districts Act, 1874 (14 of 1874), to be in force in—
The Tarai of the Province of Agra—see Gazette of India, 1876, Pt. I, p. 505;
the Districts of Hazari bagh, Lohardaga and Manbhum, and Pargana Dhalbhum and the Kolhan in the District of Singhbhum—
see Gazette of India, 1881, pt. I, p. 504.—The District of Lohardaga included at this time the present District of Palamau which
was separated in 1894. The District of Lohardaga is now called the Ranchi District—see Calcutta Gazette, 1899, pt. I, p. 44.
2. Subs. by Act 3 of 1951, s. 3 and Sch., for “except Part B States.”
3. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule
(w.e.f. 31-10- 2019).
4. The words “The enactments mentioned in the Schedule hereto are repealed to the extent specified in the third column thereof,
but” rep. by Act 10 of 1914, s. 3 and the Second Schedule.
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