Section 70 of the Indian Contract Act, 1872 (obligation of person enjoying benefit of non-gratuitous act) does NOT apply in the case of a:

Section 70 of the Indian Contract Act, 1872 obliges a person who enjoys the benefit of something lawfully done or delivered for him, not intended to be gratuitous, to compensate the doer or restore the thing. A Full Bench of the Patna High Court held in Bankey Behari Prasad v. Mahendra Prasad (1940) that a minor cannot be sued under the section, because the claim is contractual in nature and a minor has no capacity to contract; a supplier to a minor recovers only for necessaries, out of the minor’s property, under section 68. The Supreme Court held in State of West Bengal v. B.K. Mondal & Sons (AIR 1962 SC 779) that the section applies to the Government. Nothing in the section excludes a public corporation or a pardanashin woman.