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A pays a government officer to disregard his official duty in A's favour. How does section 23 of the Indian Contract Act, 1872 treat their agreement?

Question and options

A pays a government officer to disregard his official duty in A's favour. How does section 23 of the Indian Contract Act, 1872 treat their agreement?

  1. It is valid, though the officer may face departmental action

  2. It is void, as its object is opposed to public policy

  3. It is voidable at the option of the officer's employer

  4. It is unenforceable only if the officer is later convicted

Answer and explanation

Correct answer: B - It is void, as its object is opposed to public policy

Section 23 of the Indian Contract Act, 1872 makes an agreement void where the court regards its object or consideration as immoral or opposed to public policy, and an agreement to induce a public servant to neglect his duty is a settled example. Its voidness does not depend on any criminal conviction or on the choice of the officer's employer.

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