Introspection of Necessaries Contract for Minor Under the Indian Contract Act

Section 11 of the Indian Contract Act, 1872 specifies the competency of a person to enter in to contract, on the basis of his/her age, mental lucidity and his/her not being forbidden by statutes of the nation. Technically, these parameters build up the capacity to get into a commercial deal, decided by the statutes and judicial decisions as well. But do the provision is said to be refraining or preventive? Agreement with a minor or lunatic is not exactly refraining rather it preserve them from being cheated. The minors are always unable to understand what is good and fair for them. They are very often exploited, and their benefits and assets may be taken away. Law provides that the court should be careful and protect them and safeguard their properties against unwanted interference into their interests because of their lack of maturity and experience. But minor can be placed as a beneficiary in any deal he enters into. Statute further decides minor’s liability especially when necessaries are supplied to him/her. Contract obligation so constituted possesses several fundamental features that distinguish it from adjacent forms of private obligation recognized by law, including in particular tort obligation on the one hand and fiduciary obligation on the other.