Free Consent

In order to make a valid contract not only consent of

the parties is needed but also the consent should be
free

Consent is said to be free when it is not caused by :

•Coercion
•Undue influence
•Fraud
•Misrepresentation
•Mistake
Coercion

Includes :

•Physical discomfort
•Fear
•Threat of physical
•Financial harm
•Any Unlawful act such as rape ,molestation,
dacoity,physical torture etc.
Define

According to sec-15 of the Indian Contract Act,

“Coercion is committing or threatening to commit any
act forbidden by the Indian Penal Code.”

•Committing an act forbidden by Indian Penal Code:

A widow of 13 years was forced to adopt a boy by her

husband’s relatives before they allowed her to cremate
the body of her dead husband.
The court held that her consent was not free but caused
by coercion because preventing the cremation of a dead
body is an offence as per Indian Penal Code
,consequently the adoption was step aside.
• Threatening to commit any act forbidden by Indian Penal
Code.

A person is being threatened by a B person that his wife and

son would be killed if he’ll not sign the property papers in B’s
name.

• Unlawful Detention of property :

Detaining any property by unlawful means amounts to
coercion.
Question for all

Is threatening to commit suicide is coercion ?