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.
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
Five stated factors
Coercion, undue influence, fraud, misrepresentation and mistake can affect free consent, with the referenced sections defining their scope.
Causation required
The statutory test asks whether consent would have been given without the identified factor.
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?
Contact BizeneedLast updated 9 October 2026