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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For Section 23 questions, remember the classic examples of public policy: trading with an enemy, stifling prosecution, interference with justice, and restraint of marriage. These agreements are void regardless of the parties' intentions.
Updated On: Jun 8, 2026
  • Valid - goods are humanitarian and payment is via a neutral country.
  • Valid unless the Government expressly cancels.
  • Voidable only the Government of India can cancel.
  • Void - trading with an enemy in war is prohibited and is against public policy.
Show Solution

The Correct Option is D

Solution and Explanation

Step 1: Read the facts.
India is at war with Country X and has declared X an enemy. A, an Indian citizen, makes a contract to supply medicines to B, a citizen of X, using a neutral middleman and a bank. We must judge if this contract is valid under the Indian Contract Act, 1872.

Step 2: Know the key rule.
Section 23 of the Contract Act says an agreement is void if its object or consideration is unlawful. One head of unlawful object is when the agreement is opposed to public policy. Trading with an enemy during a war is a well known example of something against public policy.

Step 3: Understand who is an enemy.
When war is declared, the citizens of the enemy country become alien enemies in law. Dealing with them in business is barred because it can help the enemy economy or war effort.

Step 4: Apply this to A and B.
A is Indian and B is a citizen of the enemy nation. The contract is to supply goods during the war. Using a neutral middleman or a foreign bank does not change the true nature of the deal. In substance it is still trade with an enemy citizen.

Step 5: Check the wrong options.
Option (A) is wrong because calling the goods humanitarian does not by itself make a private contract with an enemy valid. Option (B) is wrong because the contract is void by law, not just when the Government cancels it. Option (C) is wrong because the contract is void from the start, not merely voidable that only the Government can cancel.

Step 6: Reach the conclusion.
Since the object of the agreement is opposed to public policy and national interest, the contract is void. So the correct answer is that the contract is void as trading with an enemy in war is prohibited.
\[ \boxed{\text{Void - trading with an enemy in war is prohibited and is against public policy.}} \]
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