Question:medium

During an India – Country X war, India declares X an enemy. A (an Indian citizen) enters into a contract to supply medicines to B (a citizen of X) via a neutral intermediary and a bank. Which of the following is most accurate under the Indian Contract Act, 1872?

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"War" + "Alien Enemy" = Void Contract. Public policy overrides individual humanitarian intentions in times of war!
Updated On: Jul 13, 2026
  • Void – trading with an enemy in war is prohibited and is against public policy.
  • Valid unless the Government expressly cancels.
  • Voidable – only the Government of India can cancel.
  • Valid – goods are humanitarian and payment is via a neutral country.
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The Correct Option is A

Approach Solution - 1

Contract law generally lets private parties strike whatever bargains they like, but it draws a hard line where the bargain itself would work against the interests of the State, and Section 23 of the Indian Contract Act, 1872 captures this by voiding any agreement whose object is opposed to public policy.

Trade with the nationals of an enemy country during a declared war falls squarely within that line. The concern is not really about the specific goods being sent or the route the payment takes, it is about the underlying object of the transaction, commercial dealing with someone from a country India is actively at war with. Even if the goods are medicines and even if a neutral country's bank and intermediary are used to route the transaction, the object of the contract remains trade with an enemy national, and that object is what public policy condemns, not merely the practical mechanics of payment.

Because the defect lies in the object of the agreement itself, the contract is void from its inception, not simply voidable at someone's option and not merely valid until the Government steps in to cancel it. There is nothing for the Government to cancel, because the agreement never had legal force to start with; courts will simply refuse to enforce it if either party tries to rely on it.

So the contract between A and B is void, because trading with an enemy during a declared war is against public policy under Section 23, regardless of the neutral routing or the humanitarian nature of the goods.
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Approach Solution -2

Another way to test this is to ask what wartime trading restrictions are actually trying to prevent, and then check whether the facts given, a neutral intermediary, a neutral bank, and humanitarian goods, genuinely remove that risk.

  1. Void as against public policy: The underlying worry with enemy trading is that resources, funds, or goods could indirectly strengthen a country India is at war with. A neutral intermediary and bank change the route of the transaction but not its ultimate destination, the funds and goods still flow to and from a citizen of the enemy state, so the underlying risk the law is guarding against remains present, and the contract is void.
  2. Valid unless the Government expressly cancels: This would mean the transaction is presumed harmless until proven otherwise by an official act, which gets the risk analysis backwards; wartime enemy trading is presumed harmful precisely because of who the counterparty is, not presumed safe until challenged.
  3. Voidable, only the Government of India can cancel: This would let the transaction continue having legal effect, including being enforceable by either party, unless someone specifically steps in, which understates how seriously the law treats commerce with an enemy national during an active war.
  4. Valid because the goods are humanitarian and payment is neutral: This assumes that the nature of the goods or the payment route can neutralise the risk of aiding the enemy, but the object of the contract, supplying an enemy national, remains unchanged regardless of what is being supplied or how payment is routed, so this does not actually resolve the underlying policy concern.

Testing whether the neutral routing and humanitarian goods genuinely eliminate the risk of aiding an enemy state shows they do not, since the counterparty and the trade relationship remain the same.

Therefore, the correct answer is Void, trading with an enemy in war is prohibited and is against public policy.

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