Indian Contract Act, 1872
Indian Contract Act, 1872
IV · Section 58

Alternative promise, one branch being illegal.

Synced on 13 Aug 2026Text as per India Code

In the case of an alternative promise, one

branch of which is legal and the other illegal, the legal branch alone can be enforced.

Illustration

A and B agree that A shall pay B 1,000 rupees, for which B shall afterwards deliver to A either rice or smuggled opium.

This is a valid contract to deliver rice, and a void agreement as to the opium.

Judgments on Section 58