According to the Indian Contract Act of 1872, individuals under the age of 18 are declared incapable of entering into contracts. The law assumes minors need protection, but this notion must evolve with the times. This paper analyzes who minors are, the effects of minors’ agreements with case laws, and critiques the outdated legislation that needs amendment to incorporate current advancements.
In today's era of globalization and technological advancements, children have unprecedented access to information through the internet. Minors are increasingly involved in social activities and are becoming more responsible. They engage in part-time jobs, buying, selling, and participating in various activities that give them financial independence. However, minors are legally incompetent to enter into contracts under the Indian Contract Act, which assumes they lack the capacity to understand the implications.
According to Section 11 of the Indian Contract Act, a minor is anyone below 18 years old—essentially, someone who is not of legal age. Every country has its own laws determining the age of majority. In India, the Indian Majority Act establishes 18 as the age of majority.
The Indian Majority Act, amended in 1999, set 18 as the age of majority universally. However, the question of whether minors under 18 can be bound by contracts remains contentious. A minor’s agreement is void ab initio, meaning it is invalid from the outset. No legal action can be taken against minors for such contracts, and they cannot ratify them upon reaching adulthood.
Void Ab Initio
Ratification
No Estoppel
Restitution
Liability for Necessaries
Minor as a Partner
Contracts with Adults
Modern minors are more informed and capable than in previous generations. They engage in complex activities and have access to extensive information and resources. While current laws protect minors, they must also account for minors’ evolving maturity and responsibilities.
The legal framework regarding minors’ contracts must adapt to the realities of the 21st century. Laws should protect minors from exploitation while holding them accountable for their actions. There is a need for nuanced legislation that balances protection with empowerment, ensuring minors’ rights are respected while reflecting contemporary societal norms.
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