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Indian Contract Act, 1872

Section 125

Wagering Contracts

Quick Answer Reference: Section 125 Contract Act

  • Provision: Section 125 of Contract Act
  • Act: Indian Contract Act, 1872
  • Classification: contract
  • Jurisdiction: India
Statutory Content

What does Section 125 of Contract Act say?

A wagering contract is a type of contingent contract where two parties bet on the occurrence or non-occurrence of an event, with one party winning and the other losing. However, the Indian Contract Act, 1872, in Section 30, explicitly states that agreements by way of wager are void. This means that any contract that is essentially a wager is not enforceable under Indian law. The courts have strictly interpreted this provision to mean that any agreement whose primary purpose is betting or wagering is void, regardless of its form. For example, a contract between two parties to pay a certain sum based on the outcome of a horse race would be considered a wagering contract and thus void.

Indian StandardSection 125, Indian Contract Act, 1872
Bluebook (21st ed.)Indian Contract Act, 1872, § 125 (India)
Court Pleading StandardSection 125 of the Indian Contract Act, 1872
Canonical Web linkhttps://nyaya.cloud/acts/indian-contract-act-1872/125

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
People Also Ask (PAA)

Common Questions about Section 125 Contract Act

What is Section 125 of Contract Act?

Section 125 of the Indian Contract Act, 1872 (Contract Act) defines and regulates "Wagering Contracts". The section states: A wagering contract is a type of contingent contract where two parties bet on the occurrence or non-occurrence of an event, with one party winning and the other losing. However, th...

Landmark Case Laws

Landmark Judgments under Section 125 Contract Act

1978 1 SCC 248

Supreme Court of India

2013 2 SCC 1

Supreme Court of India

2017 10 SCC 1

Supreme Court of India

2014 8 SCC 273

Supreme Court of India

Commonly Cited Alongside

Sections commonly cited alongside Section 125

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