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Chapter I - Of the Communication, Acceptance and Revocation of Proposals

Section 6

Section 6: How proposals are revoked

Section 6 lists four ways in which a proposal is revoked. It covers communicated withdrawal, expiry, failure of a condition precedent and specified knowledge of the proposer's death or incapacity.

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Need advice on Section 6?

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

A proposal is revoked—

(1) by the communication of notice of revocation by the proposer to the other party;

(2) by the lapse of the time prescribed in such proposal for its acceptance, or, if no time is so prescribed, by the lapse of a reasonable time, without communication of the acceptance;

(3) by the failure of the acceptor to fulfil a condition precedent to acceptance; or

(4) by the death or insanity of the proposer, if the fact of his death or insanity comes to the knowledge of the acceptor before acceptance.

Rule and business relevance

Revocation can follow notice from the proposer, lapse of the prescribed acceptance time or a reasonable time where none is prescribed, failure to fulfil a condition precedent, or the proposer's death or insanity where that fact reaches the acceptor's knowledge before acceptance.

Limits and related provisions

The death/incapacity limb includes the acceptor's knowledge before acceptance; it should not be shortened into an unconditional statement based solely on an event date. A 'reasonable time' is not a fixed number of days in this section, and an actual condition precedent should be distinguished from a later performance term.

Hypothetical business example

Hypothetical: an offer requires an initial approval before acceptance and specifies a response deadline. The business checks whether the condition was met and the offer remained open before treating an attempted acceptance as contract formation.

Practical decision flow

Read the offer for an acceptance deadline and conditions precedent.

Check notice, elapsed time and any relevant knowledge of death or incapacity before acceptance.

Document which statutory mode is relied on and assess it with Sections 4 and 5.

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

  • Read the offer for an acceptance deadline and conditions precedent.
  • Check notice, elapsed time and any relevant knowledge of death or incapacity before acceptance.
  • Document which statutory mode is relied on and assess it with Sections 4 and 5.

Avoid

  • The death/incapacity limb includes the acceptor's knowledge before acceptance; it should not be shortened into an unconditional statement based solely on an event date. A 'reasonable time' is not a fixed number of days in this section, and an actual condition precedent should be distinguished from a later performance term.

Glossary

Condition precedent to acceptance
A condition required before the proposed acceptance can operate on the offer's terms.
Reasonable time
The context-dependent acceptance period where the proposal states no time.

Frequently asked questions

Does the section prescribe a universal reasonable-time period?

No. The circumstances determine what is reasonable where no time is prescribed.

Is the proposer's death always enough under clause (4)?

The clause requires the fact to come to the acceptor's knowledge before acceptance.

Can failure of a required acceptance condition revoke the proposal?

Yes. Clause (3) expressly includes failure to fulfil a condition precedent to acceptance.

Need help applying this provision to your situation?

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Last updated 10 October 2026