Section 56 of the Indian Contract Act, 1872: Agreement to do impossible act

The provision

An agreement to do an act impossible in itself is void. A contract to do an act which, after the contract is made, becomes impossible, or, by reason of some event which the promisor could not prevent, unlawful, becomes void when the act becomes impossible or unlawful.

Indian Contract Act, 1872, Section 56. Official text.

What Section 56 Means

Section 56 of the Indian Contract Act establishes that agreements to perform physically or legally impossible acts have no legal force. The section operates in two distinct situations. First, if the agreed act is already impossible at the time the contract is made, the entire agreement is void from its inception. Second, if an act becomes impossible or unlawful after the contract is formed due to circumstances beyond the promisor's control, the contract becomes void at that point. The key element is that the promisor must be unable to prevent the triggering event.

Practical Application and Examples

An agreement to deliver goods that do not exist, or to perform an act physically impossible (selling the moon, for instance), fails under the first category. In the second category, if a building under contract to be constructed burns down through no fault of the builder, or if a law is enacted prohibiting the contracted performance, the contract becomes void. However, if the promisor themselves caused the impossibility (negligence, breach of duty, or deliberate action), the contract may still bind them to damages, as they could have prevented the event.

This doctrine is closely related to the principle of frustration in contract law, though Section 56 is specifically about acts that become impossible or unlawful. Courts examine whether the impossibility is absolute and whether the promisor had any reasonable means to foresee or prevent it.

Drafting and Contract Implications

When drafting contracts under Indian law, explicitly address impossibility scenarios through force majeure and hardship clauses. Define which events trigger relief (pandemics, wars, natural disasters, regulatory changes) and under what conditions. Specify notification requirements, mitigation obligations, and whether the contract suspends or terminates. Without such clarity, courts will interpret Section 56 strictly, potentially leaving parties without remedy even if they could have negotiated a better outcome.

Negotiators should clarify what counts as "beyond the promisor's control." Include carve-outs for events the promisor should have anticipated. Specify whether impossibility excuses performance entirely or only partially. Consider tiered language: some events may suspend performance with an obligation to resume when possible, while others may permanently discharge the contract. Insurance and indemnity provisions should interact clearly with impossibility clauses. Define the procedure for claiming impossibility defense, including notice periods and good-faith cooperation, to prevent disputes over whether a party tried hard enough to perform. Without contractual definition, a court will default to Section 56's framework, which offers minimal protection and may leave gaps in your remedies.

This page explains the law in general terms for information only. It is not legal advice. Always read the provision in its official source and take advice on your specific facts.