Chapter III - Of Contingent Contracts
Section 33
Section 33: Enforcement of contracts contingent on an event not happening
Where a contract depends on an uncertain event not happening, it becomes enforceable when that event’s occurrence becomes impossible.
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Need advice on Section 33?
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
Contingent contracts to do or not to do anything if an uncertain future event does not happen can be enforced when the happening of that event becomes impossible, and not before.
Illustration: A agrees to pay B a sum of money if a certain ship does not return. The ship is sunk. The contract can be enforced when the ship sinks.
Introduction
Section 33 addresses the opposite condition: an uncertain future event must not happen.
Such a contract becomes enforceable when the event’s happening becomes impossible, and not before.
Key takeaways
Negative event
The condition is non-occurrence of the specified future event.
Trigger
Enforcement begins when occurrence becomes impossible.
Apply the rule
Identify the event that the agreement says must not happen.
Preserve evidence establishing when that event became impossible.
Illustration
The Act’s ship illustration treats sinking as the point when the ship’s return becomes impossible and the promise can be enforced.
Practical checklist
Do
- Identify the event that must not happen.
- Document when occurrence becomes impossible.
Avoid
- Do not treat a delayed event as impossible without evidence.
Frequently asked questions
Is waiting a long time enough?
The statutory trigger is impossibility of the event happening, not mere delay.
How does this differ from Section 32?
Section 32 addresses an event happening; Section 33 addresses it not happening.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026