Section 68 of Indian Contract Act 1872: Necessaries Supplied to Person Incapable of Contracting

Section 68 of the Indian Contract Act, 1872 provides a right of reimbursement where a person who is incapable of entering into a contract, or a person whom such incapable person is legally bound to support, is supplied with necessaries suited to that person's condition in life. The reimbursement is recoverable from the property of the incapable person.

In brief: Section 68 does not make an incapable person personally liable as if a valid contract had been made. Instead, it permits the supplier of qualifying necessaries to seek reimbursement from that person's property.

What does Section 68 of the Indian Contract Act provide?

Section 68 - Claim for necessaries supplied to person incapable of contracting, or on his account.

If a person, incapable of entering into a contract, or anyone whom he is legally bound to support, is supplied by another person with necessaries suited to his condition in life, the person who has furnished such supplies is entitled to be reimbursed from the property of such incapable person.

Section 68 appears in Chapter V of the Indian Contract Act, 1872, dealing with certain relations resembling those created by contract. The provision applies even though an enforceable contractual promise by the incapable person may not exist. Its purpose is to allow reimbursement for genuine necessaries supplied in the circumstances specified by the section.

Essential requirements of Section 68

For a claim under Section 68, the following features are important:

The recipient must be a person incapable of entering into a contract, or a person whom the incapable person is legally bound to support.
The goods, services or supplies must qualify as "necessaries".
The necessaries must be suited to the incapable person's condition in life.
The claimant must have furnished the necessaries.
The statutory remedy is reimbursement from the property of the incapable person.

Meaning of a person incapable of contracting

Section 11 of the Indian Contract Act lays down who is competent to contract. Broadly, contractual competence requires majority according to the law applicable to the person, soundness of mind, and absence of any legal disqualification from contracting. Section 68 operates where the person receiving the benefit is incapable of entering into a contract.

This makes Section 68 especially relevant to supplies made for persons who lack contractual capacity, provided the supplies are genuine necessaries suited to their condition in life.

What are "necessaries" under Section 68?

The Act does not provide an exhaustive list of necessaries. Whether a particular supply is necessary depends on the facts, including the person's circumstances and condition in life. The expression is therefore wider than bare survival needs, but the claimant must still establish that the supply was reasonably necessary and appropriate to the recipient's situation.

Depending on the circumstances, necessaries may include items or services required for ordinary living, maintenance, health, education or similar essential needs. A luxury or an unnecessary duplicate would not become recoverable merely because it was supplied to a person lacking contractual capacity.

Liability is against property, not ordinary personal contractual liability

A significant feature of Section 68 is the form of the remedy. The supplier is entitled to reimbursement from the property of the incapable person. The section does not state that the incapable person becomes personally liable on a contract.

This distinction reflects the nature of Chapter V: the obligation is imposed by law in circumstances resembling a contractual relationship, rather than arising from an ordinary enforceable agreement made by a competent contracting party.

Necessaries supplied to persons legally supported by the incapable person

Section 68 is not confined to necessaries delivered directly to the incapable person. It also covers necessaries supplied to someone whom that person is legally bound to support. The statutory condition remains that the supplies must be necessaries suited to the relevant condition in life.

Illustrations in Section 68

The official text contains two illustrations explaining the operation of the section:

(a) A supplies B, a lunatic, with necessaries suitable to his condition in life. A is entitled to be reimbursed from B's property.

(b) A supplies the wife and children of B, a lunatic, with necessaries suitable to their condition in life. A is entitled to be reimbursed from B's property.

Terminology note: The word "lunatic" appears in the historical statutory illustrations reproduced in the official text of the Indian Contract Act, 1872. In explanatory discussion, modern terminology such as a person incapable of contracting or a person lacking contractual capacity is preferable.

Section 68 and quasi-contractual obligations

Sections 68 to 72 form Chapter V of the Indian Contract Act under the heading "Of Certain Relations Resembling Those Created by Contract". These provisions are commonly discussed as obligations resembling contracts or quasi-contractual obligations. They provide remedies in specified situations even where the usual elements of an ordinary contract are absent.

Section 68 should therefore be read as a statutory reimbursement provision. The claimant must bring the case within the conditions stated in the section rather than merely show that some benefit was conferred.

Practical points for a claim under Section 68

Identify why the recipient was legally incapable of contracting at the relevant time.
Show what was supplied and why it amounted to necessaries.
Establish that the supplies were suited to the recipient's condition in life.
Keep bills, invoices, payment records, delivery records and other evidence of the supplies.
Where supplies were made to another person, establish that the incapable person was legally bound to support that person.
Frame the relief consistently with the statutory right of reimbursement from the property of the incapable person.

Related provisions

Section 68 is the first provision in Chapter V. The following sections address other relations resembling those created by contract: Section 69 - reimbursement of a person paying money due by another, Section 70 - benefit of a non-gratuitous act, Section 71 - responsibility of finder of goods, and Section 72 - money paid or thing delivered by mistake or under coercion.

Official source

For the authoritative statutory text and the current consolidated version of the Indian Contract Act, 1872, refer to the official India Code text of the Indian Contract Act, 1872.

This page is intended as general legal information. The application of Section 68 depends on the facts and applicable law in each case.