Minority is widely recognized as a legal incapacity in various jurisdictions and legal systems. Different countries adopt distinct approaches, with some allowing minors limited capacity to enter into contracts, while others deem all contracts with minors as void.

In South Africa, minors above the age of seven are permitted to enter into contracts with parental assistance. In contrast, both English and Indian legal positions assert that contracts with minors are generally unenforceable, except in cases of 'contracts for necessaries' or contracts that benefit the minor. However, the interpretation of these categories by the judiciary has been fluid and indeterminate, leading to its own set of challenges

The Definition of Minor

Though section 11 of the Indian Contract Act does not as such define the term "minor", the text used in this section may hint at the definition of a minor as an individual who has not yet reached the age of 18.

Section 3 of the Indian Majority Act, of 1875 governs the age of majority, stating that a person is deemed to have attained majority at the age of 18, unless specific conditions apply, in which case minority continues until the age of 21. These conditions include the appointment of a guardian under the Guardians and Wards Act, of 1890, or when a court assumes control of a minor's property.

It is important to note that Section 11 of the Act prohibits minors from entering into contracts. This prohibition renders any contract entered into by a minor void ab initio, irrespective of the other party's knowledge of the minor's age. The law takes a protective stance towards minors, presuming their minds are not mature enough to comprehend the nuances of right and wrong, fairness, truth, and falsehood.

In practical terms, even a person who is 17 years and 364 days old is considered a minor in the eyes of the law. This protective measure aims to safeguard the interests of minors, preventing exploitation due to their presumed lack of maturity. The law does not oppose minors entering contracts but rather seeks to shield them from potential exploitation, acknowledging that minors may not possess the essential acumen to understand the implications of contractual agreements.

Get Free Quote in Minutes

Minors’ Capacity to Contract in India as Stated Under Law

Section 3 of the Indian Majority Act, of 1875, establishes that an individual reaches majority at 18 years of age (or 21 years if a state-appointed guardian is in place). Section 11 of the ICA declares that a person who has attained majority is competent to contract, provided they are of sound mind and not otherwise disqualified.

Regarding the treatment of minorities under other Indian legislations, Section 10 of the ICA generally stipulates that minors cannot enter into legally binding contracts.

Mohori Bibee addressed the transfer of immovable property, governed by distinct rules as a special contract. Under Section 7 of the Transfer of Property Act, 1882 (TPA), the minority is not an absolute barrier to being a transferee in certain cases. While minors are generally not competent to contract or transfer property, exceptions exist. These include gifts in favor of minors without onerous obligations, conveyances where consideration is provided by a third party and imposes no obligations on the minor, and transactions where the minor provides consideration and completes the transaction without outstanding obligations.

The underlying principle appears to be that minors can engage in commercial transactions that do not burden them with obligations, akin to contracts entered into for the minor's benefit. Minors are generally unable to enter into lease agreements, whether as lessor or lessee, as such agreements often require joint execution or periodic rent payments after formation.

The Apprenticeship Act, 1961, is another legislation offering limited recognition to the contractual capacity of minors. Section 3 prohibits the engagement of anyone below 14 years as an apprentice. Under Section 5, a minor can commence apprenticeship training in specified trades only after their guardian enters into a contract of apprenticeship with the employer. Despite the contract imposing obligations on the minor, the minor is not considered a contracting party under this Act, even though promises and consideration are involved.

In the Nutshell

Generally, it is assumed that the mental faculties of a minor are in a developing state. He is not mature enough to understand what is good and what its implications on his interests are. Therefore, the law comes in place to protect a minor to ensure he’s not influenced, convinced, or forced to take a legal decision before his mental and emotional state allows it.

The Indian Contract Act of 1872 grants a privileged position to a minor, especially in the agreements the minor has an interest. In any agreement, he does not incur personal liability. He is allowed to get benefits in an agreement he gets to enter. Further, he/she has an entire judicial mechanism to help him, with judges acting as their counselors and the laws there as their guardians. But at the same time, the persons dealing with a minor are given due attention so that they don’t encounter unnecessary hardships while the minor enjoys special privileges.

1. What is the legal definition of a minor in the context of Indian contract law?

A minor, as per the Indian Contract Act, is a person who has not attained the age of 18 years. The age of majority is regulated by Section 3 of the Indian Majority Act, of 1875.

2. Why are minors provided special protection in contractual agreements under Indian law?

Minors are protected under the law because their capacity to understand contractual obligations is presumed to be insufficient. Section 11 of the Indian Contract Act expressly forbids minors from entering into contracts to safeguard their interests.

3. Is every agreement entered into by a minor considered void under Indian law?

Yes, any contract entered into by a minor is considered void ab initio, meaning it is null and void from the very beginning. This is a legal principle established in the landmark case of Mohori Bibi vs. Dharma Das Ghose in 1903.

4. Can a minor enforce a contract for their benefit under Indian law?

Yes, a minor can enforce a contract if it is for their benefit. This includes situations where the minor has fulfilled basic necessities, and the other party is obligated to provide the agreed-upon benefits.




Read more about maximum truth

Read more about when an insurance contract is voidable