Free consent all you need to know about – 1

Dictionary meaning of word consent is to agree to something or to allow something to happen. “Two or more persons are said to consent when they agree upon the same thing in the same sense” is the definition of term consent in section 13 of the Indian Contract Act ,1872. As Section 10 of same act clearly specify that all agreements are contracts if they are made by the free consent of parties . It becomes extremely important to know what the term free consent means. According to section 14 of the Indian Contract Act 1872 “Consent is said to be free when it is not caused by—
(1) coercion, as defined in section 15, or
(2) undue influence, as defined in section 16, or
(3) fraud, as defined in section 17, or
(4) misrepresentation, as defined in section 18,
(5) mistake, subject to the provisions of sections 20, 21 and 22.
Consent is said to be so caused when it would not have been given but for the existence of such coercion, undue influence, fraud, misrepresentation or mistake.” Where the consent to an agreement is caused by coercion, undueinfluence, fraud or misrepresentation, the agreement is a contract voidable at the option of the party whose consent was was so wrongfully taken.

So now it becomes important to understand each of these terms in detail.

The term coercion is defined in section 15 as “committing, or threatening to commit, any act forbidden by the Indian Penal Code (45 of 1860) or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever, with the intention of causing any person to enter into an agreement.
Explanation.—It is immaterial whether the Indian Penal Code (45 of 1860) is or is not in force in the place where the coercion is employed.”

For example
X threatens Y on a gunpoint to sell his house at Rs 20,000. The consent is not free because it is obtained on the gunpoint.

Techniques of causing coercion

Consent is said to be caused by coercion when it is caused by the following

-Committing or threatening to commit any act that is forbidden by the IPC(Indian Penal) Code.
-Unlawfully detaining or threatening to detain property.

Important case

In Askari Mirza v. Bibi Jai kishori ,1912 16 IC 344
A criminal prosecution was instituted against a person and fearing the result of prosecution, he entered into an agreement in consideration of the other party abandoning the prosecution. It was held that the threat of criminal prosecution is not an act forbidden by the Indian Penal Code. Hence, consent is valid.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

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