Question

A promises to give Rs. 1,000 to B if he give a false evidence in his favour in the court. B obliges him, but A refuses to honour his commitment. This agreement cannot be enforced by B as it is ______________.

• A. Immoral
• B. In restraint of legal proceeding
• C. Trafficking in public offices
• D. In restraint of personal freedom

Answer 1

The correct option is B In restraint of legal proceeding

As per section 23 of the Contract Act, the consideration or object of an agreement is lawful, unless it is forbidden by law; or is of such a nature that, if permitted, it would defeat the provisions of any law; or is fraudulent; or involves or implies, injury to the person or property of another; or the Court regards it as immoral, or opposed to public policy.

In this case, the agreement becomes void ab initio and illegal. In this case, X has promised to pay B if he commits perjury or give a false evidence in X's favour. The object and consideration of the agreement here is immoral and hence cannot be enforced by B and is void ab initio.