Question
Under Section 23 of the Indian Contract Act, 1872, an
agreement is declared void if its consideration or object is:ÂSolution
Section 23 states: "The consideration or object of an agreement is unlawful if—(i) it is forbidden by law; or (ii) it is of such a nature that if permitted, it would defeat the provisions of any law; or (iii) it is fraudulent; or (iv) it involves or implies injury to the person or property of another; or (v) the Court regards it as immoral or opposed to public policy." This section embodies the principle "ex turpi causa non oritur actio" (from a dishonourable cause no action arises). The focus is not merely on disadvantage but on conduct that violates legal norms, public policy, or morality. In S. Narayanan v. Jayaveeri Investments (2004), the Supreme Court clarified that agreements opposed to public policy cover a broad range of transactions that conflict with accepted principles of justice and public welfare.
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