ICA Section 12: What is a sound mind for the purposes of contracting

Indian Contract Act, 1872 · Chapter 2: Contracts, Voidable Contracts and Void Agreements

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12. What is a sound mind for the purposes of contracting .- A person is said to be of sound mind for the purpose of making a contract if, at the time when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his interests.

A person who is usually of unsound mind, but occasionally of sound mind, may make a contract when he is of sound mind.

A person who is usually of sound mind, but occasionally of unsound mind, may not make a contract when he is of unsound mind.

Illustrations

(a) A patient in a lunatic asylum, who is at intervals of sound mind, may contract during those intervals.

(b) A sane man, who is delirious from fever or who is so drunk that he cannot understand the terms of a contract or form a rational judgment as to its effect on his interests, cannot contract whilst such delirium or drunkenness lasts.

Official reference: India Code, Legislative Department — checked: 29 September 2026.

This text is for reference, not legal advice. Consult the official source for the authoritative text.

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