Section 57 of the Indian Contract Act, 1872: Reciprocal Promises to Do Legal and Illegal Things
Section 57 deals with an agreement containing two sets of reciprocal promises: one set is lawful, while another set, intended to operate under specified circumstances, is unlawful. The lawful set may constitute a contract, but the unlawful set is a void agreement.
What does Section 57 provide?
Section 57 - Reciprocal promise to do things legal, and also other things illegal.
Where persons reciprocally promise, firstly, to do certain things which are legal, and, secondly, under specified circumstances to do certain other things which are illegal, the first set of promises is a contract, but the second is a void agreement.
Meaning and legal effect
The provision separates the lawful and unlawful sets of reciprocal promises where the structure of the agreement permits that distinction. The lawful promises remain contractual, while the promises directed to an illegal object are void and cannot acquire enforceability merely because they appear in the same arrangement.
A reciprocal promise is understood with reference to Section 2(f) of the Act: promises which form the consideration or part of the consideration for each other are called reciprocal promises. A void agreement, under Section 2(g), is an agreement not enforceable by law. Section 23 is also relevant because it identifies circumstances in which the consideration or object of an agreement is unlawful.
Illustration under Section 57
A and B agree that A shall sell B a house for 10,000 rupees, but that, if B uses it as a gambling house, B shall pay A 50,000 rupees for it.
The reciprocal promises to sell the house and pay 10,000 rupees are lawful and constitute a contract. The second set, involving use of the house as a gambling house, has an unlawful object and is a void agreement.
Key requirements of Section 57
Section 57 applies where the parties have reciprocal promises containing a lawful set and a separate unlawful set that is to operate under specified circumstances. Its statutory consequence is different for each set: the lawful promises may stand as a contract, while the illegal promises are void.
Section 57 and related provisions
Section 2(f) - Reciprocal promises
Section 2(f) defines reciprocal promises as promises which form the consideration or part of the consideration for each other.
Section 2(g) - Void agreement
Section 2(g) provides that an agreement not enforceable by law is said to be void.
Section 23 - Unlawful consideration or object
Section 23 sets out when the consideration or object of an agreement is unlawful, including where it is forbidden by law or is of such a nature that, if permitted, it would defeat the provisions of law.
Section 58 - Alternative promise, one branch being illegal
Section 58 addresses an alternative promise where one branch is legal and another illegal. In that situation, the legal branch alone can be enforced.
Official text of the Indian Contract Act, 1872
For the authoritative statutory text and current Central Act record, refer to the Indian Contract Act, 1872 on India Code. The statutory text should be checked whenever the provision is relied upon in legal proceedings.
Frequently asked questions
Is the whole arrangement automatically void if one set of promises is illegal?
Under the situation specifically described in Section 57, the first lawful set is a contract and the second illegal set is a void agreement.
Can the illegal promise be enforced?
No. Section 57 expressly treats the second set of promises, which concerns illegal acts, as a void agreement.
How is Section 57 different from Section 58?
Section 57 concerns two sets of reciprocal promises, one lawful and another unlawful under specified circumstances. Section 58 concerns an alternative promise with a legal branch and an illegal branch, and provides that the legal branch alone can be enforced.