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Chapter II - Of Contracts, Voidable Contracts and Void Agreements

Section 14

Section 14: when consent is free

Section 14 says consent is free when it was not caused by coercion, undue influence, fraud, misrepresentation or relevant mistake. The causal link matters: the person would not have consented but for the factor.

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Need advice on Section 14?

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.

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Statutory text

Bare law

Consent is said to be free when it is not caused by— (1) coercion, as defined in section 15, or (2) undue influence, as defined in section 16, or (3) fraud, as defined in section 17, or (4) misrepresentation, as defined in section 18, or (5) mistake, subject to the provisions of sections 20, 21 and 22.

Consent is said to be so caused when it would not have been given but for the existence of such coercion, undue influence, fraud, misrepresentation or mistake.

Key takeaways

1

Five stated factors

Coercion, undue influence, fraud, misrepresentation and mistake can affect free consent, with the referenced sections defining their scope.

2

Causation required

The statutory test asks whether consent would have been given without the identified factor.

3

Consequences need separate provisions

Sections 19, 19A and 20–22 address the effects of different defects; Section 14 alone is a definition.

Identify the specific factor

Do not use 'lack of free consent' as an unexplained label. Identify which of Sections 15–18 or 20–22 may apply and the particular conduct or mistake involved.

Check whether it caused the decision

Compare the information and circumstances actually available when the person agreed. Section 14's second paragraph requires a link between the factor and the consent.

Assess the legal consequence separately

A finding that consent was affected does not itself state the remedy. Check the applicable consequences in Sections 19, 19A and 20–22 before describing whether an agreement is voidable or void.

Practical checklist

Do

  • Keep accurate disclosures and negotiation records.
  • Record any correction of a material representation before agreement.
  • Analyse both the factor and its causal effect on consent.

Avoid

  • Do not assume every error automatically invalidates a contract.
  • Do not treat coercion, undue influence, fraud and mistake as interchangeable legal tests.

Frequently asked questions

Does a false statement always mean consent was not free?

Section 14 requires that the relevant factor caused the consent. The type of statement and the legal consequence also require analysis under the referenced provisions.

Need help applying this provision to your situation?

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Last updated 9 October 2026