Global Multidisciplinary Perspectives Journal  |  ISSN: 3107-3972  |  Double-Blind Peer Review  |  Open Access  |  CC BY 4.0

Current Issues
     2026:3/5

Global Multidisciplinary Perspectives Journal

ISSN: (Print) | 3107-3972 (Online) | Open Access

The Role of Free Consent in the Validity of Contracts: A Critical Analysis Under the Indian Contract act, 1872

Full Text (PDF)

Open Access - Free to Download

Download Full Article (PDF)

Abstract

The doctrine of consent is a foundational principle of contractual jurisprudence. Under the Indian Contract Act, 1872 (ICA), contractual enforceability depends not merely upon outward assent but upon consent that satisfies the statutory requirements of Sections 10, 13 and 14. This paper undertakes a doctrinal and jurisprudential analysis of the statutory architecture of free consent, examining coercion, undue influence, fraud, misrepresentation and mistake under Sections 15–22, together with the consequences and restitutionary principles contained in Sections 19, 19A, 64 and 65. It also evaluates the classical model of contractual autonomy against contemporary commercial and digital realities, including standard-form adhesion contracts, unequal bargaining power, click-wrap and browse-wrap agreements, and manipulative digital interface practices commonly described as dark patterns. The paper distinguishes the legal consequences of absence of consent from those arising where consent exists but is not free, and identifies areas where the nineteenth-century statutory framework requires clarification or supplementation. It argues that Indian contract law should preserve freedom of contract while developing clearer standards for informed digital assent, unfair terms and illegitimate economic pressure. The study concludes with targeted legislative and judicial recommendations designed to strengthen substantive contractual fairness without undermining legitimate commercial certainty.


How to Cite This Article

Dr. Santosh Kumar (2026). The Role of Free Consent in the Validity of Contracts: A Critical Analysis Under the Indian Contract act, 1872 . Global Multidisciplinary Perspectives Journal (GMPJ), 3(1), 104-109.