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Chapter II - Of Contracts, Voidable Contracts and Void Agreements

Section 24

Section 24: Partly unlawful consideration or object

Section 24 addresses an agreement where the specified consideration/object arrangement is unlawful in part. It prevents the lawful portion from automatically saving the whole bargain described by the section.

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Need advice on Section 24?

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

If any part of a single consideration for one or more objects, or any one or any part of any one of several considerations for a single object, is unlawful, the agreement is void.

Illustration

A promises to superintend, on behalf of B, a legal manufacture of indigo, and an illegal traffic in other articles. B promises to pay to A a salary of 10,000 rupees a year. The agreement is void, the object of A’s promise, and the consideration for B’s promise, being in part unlawful.

Rule and business relevance

The provision covers any unlawful part of a single consideration for one or more objects, and any unlawful one or part of several considerations for a single object. The statutory illustration combines lawful and unlawful work for one salary and treats the agreement as void.

Limits and related provisions

Do not assume that deleting a label or splitting an invoice makes the unlawful element legally separable. At the same time, Section 24 should not be restated as a rule that every independent lawful promise in any document always falls with an unrelated unlawful promise; the actual structure and other relevant provisions need analysis.

Hypothetical business example

Hypothetical: one consulting fee covers both legitimate management and an unlawful trading operation. The parties examine the combined consideration and objects rather than assuming the legitimate work automatically saves the entire fee agreement.

Practical decision flow

Map each promised performance, consideration and object of the transaction.

Identify the unlawful component using Section 23 and the governing law.

Assess the precise Section 24 structure and any genuine separability issue before enforcing the remaining terms.

Check the applicable legal framework

This guide explains the central provision. Applicable State amendments, the agreement, transaction date and other governing laws can affect its application. Check the current legal framework before relying on it for a commercial decision.

Practical checklist

Do

  • Map each promised performance, consideration and object of the transaction.
  • Identify the unlawful component using Section 23 and the governing law.
  • Assess the precise Section 24 structure and any genuine separability issue before enforcing the remaining terms.

Avoid

  • Do not assume that deleting a label or splitting an invoice makes the unlawful element legally separable. At the same time, Section 24 should not be restated as a rule that every independent lawful promise in any document always falls with an unrelated unlawful promise; the actual structure and other relevant provisions need analysis.

Glossary

Single consideration
One consideration supporting the object or objects identified in the section.
Partial unlawfulness
An unlawful component within the specified consideration/object arrangement.

Frequently asked questions

Does some lawful work automatically save a combined unlawful bargain?

No. The section's illustration shows a combined salary agreement becoming void where its object and consideration are partly unlawful.

Is every separate lawful promise necessarily void too?

The actual contractual structure and relevant provisions must be examined; do not generalise beyond Section 24's wording.

Where is lawfulness defined for this inquiry?

Section 23 sets out the principal categories of unlawful consideration or object.

Need help applying this provision to your situation?

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Last updated 10 October 2026