Correct option is C
Unlawful Object (Section 23, Indian Contract Act, 1872):
· In this scenario, A is promising to drop a prosecution for robbery, which is a criminal offense, and B is agreeing to restore the value of the stolen goods.
· The dropping of a criminal prosecution in exchange for a private settlement (returning the stolen items) is an unlawful object. Under Section 23 of the Indian Contract Act, 1872, an agreement is void if its object is unlawful or opposed to public policy. This principle exists because the law discourages private settlements in serious criminal matters like robbery, which are crimes against society and public order.
Difference between Unlawful Object and Consideration:
· The object of the agreement in this case (dropping a criminal charge) is considered unlawful, making the agreement void. The object relates to the purpose of the agreement (dropping prosecution for robbery), which violates public policy.
· Consideration, on the other hand, refers to what the parties exchange. While the consideration in this case (restoration of the value of stolen property) could be legal under other circumstances, the object of dropping the criminal charge makes the entire agreement unlawful.
Information Booster:
· Section 23, Indian Contract Act, 1872: This section invalidates contracts if their object or consideration is forbidden by law, defeats the purpose of the law, or is against public policy.
· Criminal Offenses: Courts generally do not allow private agreements that interfere with the prosecution of serious crimes like robbery, as criminal cases involve public interest and cannot be settled by private arrangements.
Additional Knowledge:
· Public Policy and Criminal Prosecution: Any agreement that aims to stifle or prevent the legal prosecution of a crime is considered void. Such agreements are contrary to public policy as they interfere with the criminal justice system and public safety.
· Void Agreements: An agreement with an unlawful object is void ab initio (void from the beginning), meaning it has no legal effect at any point.
