Indian Contract Act 1872 / Section 13

Section 13 of Indian Contract Act 1872 - Consent Defined

Section 13 of the Indian Contract Act, 1872 defines when two or more persons are regarded as having consented to an agreement. The core requirement is a meeting of minds: the parties must agree upon the same thing in the same sense.

ProvisionSection 13, Indian Contract Act, 1872
SubjectMeaning of consent
Key testAgreement on the same thing in the same sense
Related provisionSection 14 - Free consent

Text of Section 13 - Consent Defined

Section 13. Two or more persons are said to consent when they agree upon the same thing in the same sense.

The statutory language focuses on genuine agreement between the parties. In contract law this idea is commonly described by the expression consensus ad idem, meaning that the parties understand and assent to the same subject matter and terms in the same sense.

What Does Consent Mean Under Section 13?

Consent exists when the parties have a common understanding about what they are agreeing to. If one party intends one thing while the other party reasonably understands a materially different thing, the requirement in Section 13 may not be satisfied.

For example, if A agrees to sell a particular car to B, both parties must be referring to the same car and must understand the transaction in the same sense. A material misunderstanding about the identity of the subject matter can prevent a true meeting of minds.

Consent and Free Consent Are Different

Section 13 asks whether consent exists. Section 14 asks whether that consent is free. Under Section 14, consent is free when it is not caused by coercion, undue influence, fraud, misrepresentation or mistake, subject to the provisions stated in that section.

Why Section 13 Matters in a Contract

Section 10 provides, among other requirements, that agreements become contracts when made by the free consent of parties competent to contract, for lawful consideration and with a lawful object, and when they are not expressly declared void. Section 13 therefore supplies the basic definition of consent that operates within the wider statutory framework governing valid contracts.

Practical Questions When Examining Consent

When a dispute concerns consent, relevant questions may include whether both parties identified the same subject matter, understood the essential terms in the same way, and assented to the same transaction. The answer depends on the agreement, communications, surrounding facts and the applicable provisions of the Contract Act.

Legal note: The effect of an absence of consent, or of consent affected by mistake, coercion, undue influence, fraud or misrepresentation, depends on the relevant statutory provision and facts of the case. Section 13 should therefore be read with Sections 10 and 14 to 22 where applicable.

Official Source

The official text of the Indian Contract Act, 1872 can be checked on India Code - Indian Contract Act, 1872. The official text confirms Section 13 as the provision defining consent and places it in Chapter II, dealing with contracts, voidable contracts and void agreements.

Reviewed for statutory accuracy: September 2026.