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A employs B to beat C and promises to indemnify B against all consequences. B intentionally beats C and…

Section 224 makes an employer of an agent to do a criminal act not liable to indemnify the agent against its consequences, whether the promise is express or implied.…

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A employs B to beat C and promises to indemnify B against all consequences. B intentionally beats C and must pay damages to C. Under section 224 of the Indian Contract Act, 1872, is A liable to indemnify B for those damages?

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Answer and explanation

Correct answer C

Section 224 makes an employer of an agent to do a criminal act not liable to indemnify the agent against its consequences, whether the promise is express or implied. Illustration(a) states that A need not indemnify B for damages for the beating; lawful-act indemnity is a different rule.

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Option A

Section 224 excludes this criminal-act indemnity.

Option B

The provision gives no partial indemnity on these facts.

Option C

This is the result in illustration(a).

Option D

An express promise does not override section 224.

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