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Under section 23 of the Indian Contract Act, 1872, A promises B to drop a robbery prosecution that A…

Illustration (h) to section 23 of the Indian Contract Act, 1872 applies this rule to a promise to drop a robbery prosecution in return for restitution. The object of the…

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Under section 23 of the Indian Contract Act, 1872, A promises B to drop a robbery prosecution that A has instituted against B. In return, B promises to restore the value of the things taken. What is the legal effect of this bargain?

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Answer and explanation

Correct answer D

Illustration (h) to section 23 of the Indian Contract Act, 1872 applies this rule to a promise to drop a robbery prosecution in return for restitution. The object of the bargain is to suppress the prosecution. That object is unlawful, so the agreement is void.

Option feedback

Option A

Section 23 makes the bargain void. Its effect does not depend on B choosing to avoid it.

Option B

The parties exchanged promises. The defect is the unlawful object of the bargain.

Option C

B's promise to restore value does not make the bargain to suppress the prosecution lawful.

Option D

Illustration (h) to section 23 treats the agreement as void because its object is unlawful.

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