Section 184 of Indian Contract Act 1872: Who May Be an Agent
Section 184 of the Indian Contract Act, 1872 deals with the capacity of a person to act as an agent. It distinguishes between a person's ability to act for a principal in dealings with third parties and that person's capacity to be responsible to the principal.
Text of Section 184 - Who may be an agent
184. As between the principal and third persons any person may become an agent, but no person who is not of the age of majority and of sound mind can become an agent, so as to be responsible to his principal according to the provisions in that behalf herein contained.
Meaning and scope of Section 184
The first part of Section 184 is broad: as between the principal and third persons, any person may become an agent. The provision therefore focuses on representation. An agent acts on behalf of the principal in relation to third persons.
The second part deals with the agent's responsibility to the principal. A person who has not attained majority or who is not of sound mind cannot become an agent in the sense of being personally responsible to the principal under the provisions governing agency.
Who is an agent under the Indian Contract Act?
Section 182 of the Indian Contract Act, 1872 defines an agent as a person employed to do any act for another, or to represent another in dealings with third persons. The person for whom the act is done, or who is represented, is called the principal.
Who may appoint an agent?
Section 183 provides that a person who is of the age of majority according to the law to which the person is subject, and who is of sound mind, may employ an agent. Section 184 addresses the corresponding question of who may act as an agent.
Age of majority
For persons domiciled in India, Section 3 of the Majority Act, 1875 generally provides that majority is attained on completing 18 years of age. This is relevant to the requirement in Section 184 that an agent must be of the age of majority in order to be responsible to the principal.
Practical effect of Section 184
- A person may act as an agent between the principal and third persons even though that person may not have full contractual capacity.
- To incur responsibility to the principal as an agent under the Act, the agent must be of the age of majority and of sound mind.
- The capacity of the principal to appoint an agent is separately dealt with by Section 183.
- Under Section 185, consideration is not necessary to create an agency.
Related provisions
Sections 182 to 185 form the opening provisions of Chapter X of the Indian Contract Act, 1872 on agency. They define the agent and principal, state who may employ an agent, state who may be an agent, and clarify that consideration is not necessary to create an agency.
Official legal sources
For the authoritative statutory text and current legislative material, refer to the Government of India's India Code portal:
Indian Contract Act, 1872 - official India Code text
Majority Act, 1875 - official India Code text
This page is intended for general legal information. The application of agency law depends on the facts, the authority conferred on the agent, and other applicable statutory provisions.