Chapter III - Of Contingent Contracts
Section 36
Section 36: Agreement contingent on impossible events void
An agreement conditional on an impossible event happening is void, whether or not the parties knew the impossibility.
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Need advice on Section 36?
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 agreements to do or not to do anything, if an impossible event happens, are void, whether the impossibility of the event is known or not to the parties to the agreement at the time when it is made.
Illustration (a): A agrees to pay B 1,000 rupees if two straight lines should enclose a space. The agreement is void.
Illustration (b): A agrees to pay B 1,000 rupees if B will marry A’s daughter C. C was dead at the time of the agreement. The agreement is void.
Introduction
Section 36 voids an agreement contingent on an impossible event happening, whether or not the parties knew of the impossibility when they agreed.
The Act’s illustrations include a logically impossible event and a condition that was already impossible when made.
Key takeaways
Impossible trigger
A condition requiring an impossible event to happen makes the agreement void.
Knowledge irrelevant
The parties’ awareness of impossibility does not change the result under this section.
Apply the rule
Write down the exact triggering event.
Determine whether it was impossible when the agreement was made, without relying only on the parties’ beliefs.
Illustration
A bonus promised only if an event that had already become impossible occurs is void under Section 36, if the event fits its statutory condition.
Practical checklist
Do
- Test whether the triggering event was impossible when agreed.
- Document the objective basis for that conclusion.
Avoid
- Do not assume the parties’ ignorance of impossibility saves the agreement.
Frequently asked questions
Does good-faith ignorance save the agreement?
No. Section 36 applies whether the parties knew of the impossibility or not.
Is this the same as later impossibility under Section 32?
No. Section 32 also addresses a future event that later becomes impossible.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026