Facts: A promises B to drop prosecution which he has instituted agains...
A promises B to drop a prosecution which he has instituted against B for robbery, and B promises to restore the value of the things taken. The agreement is void, as its object is unlawful. (h) A promises B to drop a prosecution which he has instituted against B for robbery, and B promises to restore the value of the things taken. The agreement is void, as its object is unlawful."
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Facts: A promises B to drop prosecution which he has instituted agains...
Because it object is unlawful that is as A is dropping lawful prosecution of an offense i.e robbery
Facts: A promises B to drop prosecution which he has instituted agains...
The correct answer is option C: The agreement is void as its object is unlawful.
Explanation:
1. Agreement between A and B:
- A promises B to drop prosecution which he has instituted against B for robbery.
- B promises to restore the value of the things taken.
2. Unlawful Object:
- The object of the agreement is for A to drop the prosecution for robbery in exchange for B restoring the value of the things taken.
- This object is unlawful because it involves a compromise on a criminal offense.
3. Section 23 of the Indian Contract Act, 1872:
- Section 23 of the Indian Contract Act, 1872 states that an agreement is considered void if its object or consideration is unlawful.
- In this case, the object of the agreement is unlawful as it involves a compromise on a criminal offense.
4. Public Policy:
- The agreement between A and B goes against public policy.
- Public policy aims to protect the interests of the society as a whole and maintain law and order.
- Allowing individuals to make agreements to drop criminal charges in exchange for compensation would undermine the criminal justice system and encourage illegal activities.
5. Void Agreement:
- Since the agreement between A and B has an unlawful object, it is considered void under Section 23 of the Indian Contract Act.
- A void agreement is not enforceable by law, and the parties to the agreement cannot claim any legal rights or remedies based on it.
In conclusion, the agreement between A and B is void as its object is unlawful. The promise made by A to drop the prosecution for robbery in exchange for B restoring the value of the things taken goes against public policy and compromises the criminal justice system. Therefore, the agreement is not valid and cannot be enforced.