Section 16: "Undue influence" defined.

Q: What does Section 16 of The Indian Contract Act, 1872 (ICA) deal with?

Section 16 ICA pertains to ""Undue influence" defined.". It is part of the The Indian Contract Act, 1872, a legislation enacted by the Parliament of India. Section 16 of The Indian Contract Act, 1872 (ICA) governs "Undue influence" defined. As verified on 19 May 2026.

Q: Is Section 16 ICA still in force?

Yes, Section 16 of the The Indian Contract Act, 1872 is currently in force across the Republic of India.

Q: What is धारा 16 ICA?

धारा 16 ICA is the Devanagari Hindi reference for Section 16 of the The Indian Contract Act, 1872. Section 16 of The Indian Contract Act, 1872 (ICA) governs "Undue influence" defined. As verified on 19 May 2026.

Q: What is Dhara 16 ICA?

Dhara 16 ICA is the Roman Hindi reference for Section 16 of the The Indian Contract Act, 1872. "Dhara" means "Section" in Hindi. Section 16 of The Indian Contract Act, 1872 (ICA) governs "Undue influence" defined. As verified on 19 May 2026.

Q: How to cite Section 16 of The Indian Contract Act, 1872?

Cite as: "Section 16, The Indian Contract Act, 1872 (ICA)" in legal briefs. For academic writing, use the BlueBook format: The Indian Contract Act, 1872, § 16 (India).

Law on Tips Editorial Board

¹[16. Undue influence defined.— (1) A contract is said to be induced by "undue influence " where the relations subsisting between the parties are such that one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other.
(2) In particular and without prejudice to the generality of the foregoing principle, a person is deemed to be in a position to dominate the will of another—
(a) where he holds a real or apparent authority over the other, or where he stands in a fiduciary relation to the other; or
(b) where he makes a contract with a person whose mental capacity is temporarily or permanently affected by reason of age, illness, or mental or bodily distress.
(3) Where a person who is in a position to dominate the will of another, enters into a contract with him, and the transaction appears, on the face of it or on the evidence adduced, to be unconscionable, the burden of proving that such contract was not induced by undue influence shall lie upon the person in a position to dominate the will of the other.
Nothing in this sub-section shall affect the provisions of section 111 of the Indian Evidence Act, 1872 (1 of 1872).
Illustrations
(a) A having advanced money to his son, B, during his minority, upon Bs coming of age obtains, by misuse of parental influence, a bond from B for a greater amount than the sum due in respect of the advance. A employs undue influence.
(b) A, a man enfeebled by disease or age, is induced, by Bs influence over him as his medical attendant, to agree to pay B an unreasonable sum for his professional services, B employs undue influence.
(c) A, being in debt to B, the money-lender of his village, contracts a fresh loan on terms which appear to be unconscionable. It lies on B to prove that the contract was not induced by undue influence.
(d) A applies to a banker for a loan at a time when there is stringency in the money market. The banker declines to make the loan except at an unusually high rate of interest. A accepts the loan on these terms. This is a transaction in the ordinary course of business, and the contract is not induced by undue influence.]

1. Subs. by Act 6 of 1899, s. 2, for the original s. 16.