Chapter II - Of Contracts, Voidable Contracts and Void Agreements
Section 11
Section 11: who is competent to contract
Section 11 identifies three conditions for a person's capacity to contract: the age of majority under the applicable law, sound mind and no legal disqualification.
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Need advice on Section 11?
This article is for general information. Refer to the Indian Contract Act, 1872 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
Every person is competent to contract who is of the age of majority according to the law to which he is subject, and who is of sound mind, and is not disqualified from contracting by any law to which he is subject.
Key takeaways
Age of majority
The person must have reached majority under the law that applies to them; Section 11 does not itself set a single numeric age.
Sound mind
The person must have sound mind for contracting; Section 12 focuses on their ability at the time of making the contract.
Other disqualifications
A separate applicable law can disqualify a person from contracting despite age and sound mind.
Confirm the applicable majority rule
Verify the individual's date of birth and the applicable majority law before relying on their signature. Section 11 points to that other law rather than specifying a universal age in its own text.
Assess capacity at the contracting time
Section 12 explains sound mind by the person's ability to understand the contract and form a rational judgment about its effect on their interests when making it. A later change in condition does not, by itself, answer the Section 11 question.
Check separate legal restrictions
For individuals or representatives subject to a specific legal restriction, identify the law and authority for the transaction. Section 11 expressly preserves disqualifications imposed by other law.
Practical checklist
Do
- Verify the identity and age of an individual contracting party.
- Document authority where someone signs on another person's or organisation's behalf.
- Check for transaction-specific legal disqualifications.
Avoid
- Do not infer capacity solely from possession of a signature or identity document.
- Do not assume a person's later condition proves their state of mind when the agreement was made.
Frequently asked questions
Does Section 11 itself specify age 18?
No. It refers to the age of majority according to the law applicable to the person; that separate law must be checked.
Need help applying this provision to your situation?
Contact BizeneedLast updated 9 October 2026