Chapter V - Of Certain Relations Resembling Those Created by Contract
Section 68
Section 68: Necessaries for a person unable to contract
Section 68 allows reimbursement for necessaries supplied to a person incapable of contracting or to someone that person is legally bound to support. The recovery described is from the incapable person's property.
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Need advice on Section 68?
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
If a person, incapable of entering into a contract, or any one whom he is legally bound to support, is supplied by another person with necessaries suited to his condition in life, the person who has furnished such supplies is entitled to be reimbursed from the property of such incapable person.
Illustrations
(a) A supplies B, a lunatic, with necessaries suitable to his condition in life. A is entitled to be reimbursed from B’s property.
(b) A supplies the wife and children of B, a lunatic, with necessaries suitable to their condition in life. A is entitled to be reimbursed from B’s property.
Rule and business relevance
The supplies must be necessaries suited to the person's condition in life. The provision also covers supplies to persons whom that person is legally bound to support. It is a statutory reimbursement route despite contractual incapacity, rather than ordinary enforcement of every promise made by the recipient.
Limits and related provisions
Not every desirable or expensive purchase is a necessary. Establish suitability, actual supply and the relevant legal support obligation. Do not turn the property-based reimbursement wording into an unrestricted personal contractual debt of a minor or other incapable person.
Hypothetical business example
Hypothetical: essential supplies are provided to a person unable to contract. The supplier documents the nature, need and suitability of the supplies and examines reimbursement from that person's property rather than relying solely on an invalid promise to pay.
Practical decision flow
Establish the recipient's contractual incapacity or the relevant legal duty of support.
Document the necessaries supplied and why they suited the person's condition in life.
Assess the property-based reimbursement claim and evidence of value under the applicable law.
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
- Establish the recipient's contractual incapacity or the relevant legal duty of support.
- Document the necessaries supplied and why they suited the person's condition in life.
- Assess the property-based reimbursement claim and evidence of value under the applicable law.
Avoid
- Not every desirable or expensive purchase is a necessary. Establish suitability, actual supply and the relevant legal support obligation. Do not turn the property-based reimbursement wording into an unrestricted personal contractual debt of a minor or other incapable person.
Glossary
- Necessaries
- Supplies meeting the statutory standard and suited to the person's condition in life.
- Property-based reimbursement
- The recovery from the incapable person's property described by Section 68.
Frequently asked questions
Does the section validate every contract made by an incapable person?
No. It provides the specified reimbursement route for necessaries.
Can supplies to dependants be covered?
Yes, where the person is legally bound to support them and the other conditions are met.
Is the claim automatically an unlimited personal debt?
The statutory wording provides reimbursement from the incapable person's property.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026