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Report No. 13

Section 30.- For section 30 of the principal Act, the following section shall be substituted, namely:-

"30. Agreements by way of wager, or collateral thereto, void.

(1) The following agreements are void:-

(a) agreements by way of wager (hereinafter in this section referred to as "wagering agreements");

(b) agreements knowingly made to further or assist the entering into or carrying out of wagering agreements;

(c) agreements by way of security or guarantee for the performance of agreements referred to in clause (a) or (b) of this sub-section;

and no suit shall be brought for recovering any sum of money paid or payable in respect of any agreement which is void under this sub-section.

(2) No suit shall be brought for recovering-

(a) any commission, brokerage, fee, or reward in respect of the knowingly entering into, effecting or carrying out, or of the knowingly aiding in effecting or in carrying out, or otherwise claimed or claimable in respect of, any agreement which is void under sub-section (1), whether the plaintiff in such suit be or be not a party to such agreement; or

(b) any sum of money knowingly paid or payable on account of any person by way of commission, brokerage, fee or reward in respect of such agreement; or

(c) anything alleged to be won on any wager, or entrusted to any person to abide the result of any game or other uncertain event on which any wager is made.

Exception.-This section shall not be deemed to render unlawful a subscription, or contribution, or agreement to subscribe or contribute, made or entered into for or towards any plate, prize or sum of money, of the value or amount of five hundred rupees or upwards, to be awarded to the winner or winners of any horse-race.

Explanation.-Nothing in this section shall be deemed to legalize any transaction connected with horse-racing, to which the provisions of section 294A of the Indian Penal Code (45 of 1860) apply."



Indian Contract Act, 1872 Back




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