Fundamentals of Business Laws and Business Communication · Consideration and Legality of Object

Section 24 of the Indian Contract Act: Partly Unlawful Consideration

Updated 10 October 2026 · Fact-checked

Section 24 says that if any part of a single consideration for one or more objects is unlawful, or if any one or any part of any one of several considerations for a single object is unlawful, the agreement is void. Severability is a separate principle: a lawful part that can be separated may still be enforced.

Understand Agreements Void for Partly Unlawful Consideration (Section 24)

Section 23 tells you that consideration and object must be lawful. Section 24 deals with a narrower problem: what happens when only a part of the consideration is unlawful?

The rule is strict and has two limbs. First, if a single consideration is for one or more objects, and any part of it is unlawful, the whole agreement is void. Second, if there are several considerations for a single object, and any one of them, or any part of any one of them, is unlawful, the whole agreement is void. Under Section 24 the court does not rescue the lawful part, because the parts are bound together.

Section 24 itself does not contain an exception for lawful parts. Severability is a judicial doctrine developed in case law, not a section of the Act. It allows the lawful part to be enforced when it can be cleanly separated from the unlawful part. A typical case is an agreement with several distinct promises for different objects, each with its own separate consideration. This is different from the Section 24 wording of 'several considerations for a single object'.

The test is simple: can you cleanly divide the agreement into independent parts, each with its own consideration? If yes, the lawful part can be enforced under the severability doctrine. If one consideration covers everything together, one unlawful element spoils the whole.

In plain words: one bad part in an inseparable bargain kills the bargain. One bad part in a separable bargain kills only that part. Read the question for words like 'for a single sum', 'in consideration of both', or separate amounts for separate items.

Key formulas to remember

Inseparable (single) consideration: Single consideration + any part unlawful ⇒ whole agreement void; Applies when one consideration covers one or more objects and the parts cannot be divided.
Several considerations, single object: Several considerations for a single object + any one (or any part of any one) unlawful ⇒ whole agreement void; Applies when the considerations are bound together for one object.
Severable agreement (separate doctrine, not Section 24): Distinct promises with separate considerations ⇒ lawful part enforceable, unlawful part void; Severability is a judicial doctrine. The lawful part must be capable of being separated from the unlawful part.
Link to Section 23: Unlawful consideration or object ⇒ agreement void (Section 23); Section 24 extends this to partly unlawful cases.

How to solve Agreements Void for Partly Unlawful Consideration (Section 24) questions

Use this method for any question on partly unlawful consideration or object.

1Read the facts and list every promise and every consideration in the agreement.
2Mark each one as lawful or unlawful. Unlawful means forbidden by law, immoral, against public policy, or fraudulent.
3If everything is lawful, Section 24 does not apply. Stop there.
4Check whether there is one single consideration for all the promises, or separate considerations for separate promises.
5If the consideration is single and any part is unlawful, conclude that the whole agreement is void under Section 24.
6If there are distinct promises with separate considerations that can be divided, apply the severability principle: the lawful part is enforceable and the unlawful part is void.
7State the answer in one line with the reason: 'single consideration' or 'separable parts'.

Quickest way: Single or separable in ten seconds

When to use it: Use this in MCQs where a contract mixes a lawful item with an unlawful one.

Look for one lump-sum price covering everything. That points to void.
Look for separate prices or separate promises for each item. That points to lawful part valid.
Confirm that at least one part really is unlawful. If not, the contract is valid.
Eliminate options that call the lawful part valid when the price is a single lump sum.

Common mistakes in Agreements Void for Partly Unlawful Consideration (Section 24)

Saying the lawful part is always enforceable.
Students remember the severability idea and apply it to every case.
Fix: Severability works only when the lawful part can be separated, such as distinct promises with separate considerations. A single consideration with any unlawful part makes the whole void.
Saying the whole contract is always void if any part is unlawful.
Students remember only the Section 24 rule.
Fix: Check for separate considerations for separate promises first. If the lawful part can be separated, it can be enforced under the severability principle.
Confusing Section 23 with Section 24.
Both deal with unlawful consideration or object.
Fix: Section 23 lists what is unlawful. Section 24 deals with the effect when only a part is unlawful.
Calling the agreement voidable instead of void.
Students mix up void and voidable agreements.
Fix: Under Section 24 the agreement is void, not voidable. No party can enforce it.
Treating a lump sum as separable because the items sound different.
Students focus on the nature of items, not on how the price is fixed.
Fix: Look at the consideration. One total price for all items means one consideration.

Worked examples

Example 1

Ravi agrees to pay Meera ₹50,000 in one sum for two things: (a) supplying 100 bags of rice, and (b) helping him to smuggle banned goods. Is the agreement valid?

Show the solution

List the promises: supplying rice (lawful) and helping to smuggle banned goods (unlawful).
There is one single consideration of ₹50,000 for both.
The payment cannot be divided between the two promises.
Under Section 24, a single consideration with any unlawful part makes the whole agreement void.

Answer: The whole agreement is void. Meera cannot enforce even the rice supply.

Example 2

Sunil agrees to pay Anil ₹20,000 for supplying 50 chairs and ₹10,000 separately for helping him bribe an official. Anil supplies the chairs but Sunil refuses to pay. Can Anil recover?

Show the solution

This is the textbook severable-contract illustration. There are two distinct promises with separate considerations: ₹20,000 for chairs and ₹10,000 for the bribe.
Supplying chairs is lawful. Helping to bribe an official is unlawful.
The two promises are for different objects, so the 'several considerations for a single object' limb of Section 24 does not apply. There is also no single consideration, because the price is stated as two separate amounts. The parts can be separated.
Under the severability doctrine, the lawful part, ₹20,000 for the chairs, is enforceable. The bribe part is void.

Answer: Anil can recover ₹20,000 for the chairs under the severability doctrine. The ₹10,000 promise is void and cannot be enforced.

Exam tips

Underline the words 'lump sum', 'single price' or 'separately' in the question. They decide the answer.
In MCQs, the usual trap is an option saying the lawful part is valid even for a single consideration. Reject it.
Remember that the result is 'void', never 'voidable' or 'valid'.
If a question asks for the section number for partly unlawful consideration, the answer is Section 24.

Practice questions from Consideration and Legality of Object

Agreements Void for Partly Unlawful Consideration (Section 24): frequently asked questions

What does Section 24 of the Indian Contract Act say?

It says that if a single consideration is for one or more objects and any part of it is unlawful, the agreement is void. The same applies if any one or any part of any one of several considerations for a single object is unlawful. Lawful parts can be saved only under the separate severability doctrine, when they can be separated.

What is severability of a contract?

It means separating the lawful part of an agreement from the unlawful part. It is a judicial doctrine, separate from Section 24. If there are distinct promises for different objects with separate considerations, the lawful part can be enforced while the unlawful part is void.

What is the difference between Section 23 and Section 24?

Section 23 states what makes consideration or object lawful or unlawful. Section 24 states the effect when only a part of the consideration or object is unlawful.

Is an agreement under Section 24 void or voidable?

It is void. A void agreement cannot be enforced by either party. It is not merely voidable at the option of one party.