In the Indian Contract Act, 1872, a minor is a person who has not attained the age of majority, which is 18 years old. The Act specifies that agreements entered into by minors are void ab initio,meaning they are void from the beginning and cannot be enforced against the minor. This provision is aimed at protecting minors from making agreements that they may not fully understand or that may not be in their best interest.However, there are certain exceptions and nuances regarding the contractual capacity of minors in the Act:
Necessaries: Section 68 of the Act states that a minor is liable topay for “necessaries” supplied to them. Necessaries refer to goods and services that are suitable to the condition in life of the minor and to their actual requirements at the time of supply. The minor is liable only for the value of the goods and services actually supplied and not for any damages or loss arising from the contract.
No ratification upon attaining majority:
Unlike in some jurisdictions, in India, a contract entered into by a minor does not become valid or binding upon the minor upon attaining majority. The contract remains void ab initio.Misrepresentation of age: If a minor misrepresents their age and enters into a contract, the contract is still voidable at the option of the minor. However, the minor must return any benefits receive dunder the contract if they choose to avoid it.
Guardian’s liability:
If a guardian or parent of a minor supplies goods or services that are not necessaries, the guardian or parent is not entitled to receive payment from the minor unless the contract is for the minor’s benefit.Estoppel: A minor cannot be estopped from pleading their minority to avoid a contract, even if they have misrepresented their age.
These provisions aim to protect minors from entering into contracts that they may not fully understand or that may not be in their best interest. However, they also recognize that minors should be responsible for their basic needs and that certain contracts, such as for necessaries, should be enforceable to ensure that minors are provided for appropriately.In conclusion, the Indian Contract Act, 1872, provides strict regulations regarding the contractual capacity of minors. Contracts entered into by minors are considered void ab initio, except for agreements related to necessaries. This approach aims to protect minors from exploitation and ensure that they are not burdened with obligations beyond their understanding or means. While these provisions serve to safeguard the interests of minors, they also recognize the need to allow for certain essential transactions.Overall, the Act strikes a balance between protecting minors and ensuring the enforceability of contracts that are beneficial and necessary for their well-being.
