Chapter IV - Of the Performance of Contracts
Section 57
Section 57: Legal and illegal reciprocal promises
Section 57 separates specified legal reciprocal promises from a second set involving illegal conduct under stated circumstances. It gives different legal treatment to the two sets.
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Need advice on Section 57?
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
Where persons reciprocally promise, firstly, to do certain things which are legal, and, secondly, under specified circumstances, to do certain other things which are illegal, the first set of promises is a contract, but the second is a void agreement.
Illustration
A and B agree that A shall sell B a house for 10,000 rupees, but that, if B uses it as a gambling house, he shall pay A 50,000 rupees for it. The first set of reciprocal promises, namely, to sell the house and to pay 10,000 rupees for it, is a contract. The second set is for an unlawful object, namely, that B may use the house as a gambling house, and is a void agreement.
Rule and business relevance
Where the arrangement matches the section, the first lawful set is a contract and the second illegal set is void. The statutory illustration separates an ordinary house sale price from an added promise connected with unlawful gambling-house use.
Limits and related provisions
This is not permission to preserve every unlawful bargain by relabelling it as two parts. The actual promise structure, lawfulness and Section 24's rule on partly unlawful consideration or objects must be considered.
Hypothetical business example
Hypothetical: an otherwise lawful sale includes a separate promised payment if the property is used for an unlawful operation. The adviser analyses the distinct reciprocal sets rather than enforcing the illegal condition with the ordinary sale promises.
Practical decision flow
Identify the first and second sets of reciprocal promises and their conditions.
Check each set's lawfulness and the relationship between their consideration and objects.
Assess the legal set and void set under the applicable provisions without assuming artificial separation is effective.
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
- Identify the first and second sets of reciprocal promises and their conditions.
- Check each set's lawfulness and the relationship between their consideration and objects.
- Assess the legal set and void set under the applicable provisions without assuming artificial separation is effective.
Avoid
- This is not permission to preserve every unlawful bargain by relabelling it as two parts. The actual promise structure, lawfulness and Section 24's rule on partly unlawful consideration or objects must be considered.
Glossary
- Reciprocal sets
- The distinct sets of promises described in this provision.
- Void illegal set
- The second set which cannot be enforced as a contract in the stated circumstances.
Frequently asked questions
Does the illegal second set necessarily make the first set void here?
Section 57 treats the lawful first set as a contract in its specified structure.
Can parties simply label an unlawful bargain 'separate' to save it?
No. The substance and related provisions, including Section 24, must be examined.
Can the illegal set be enforced because the lawful set is valid?
No. The section expressly treats the second set as a void agreement.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026