58. Alternative promise, one branch being illegal.
In the case of an alternative promise, one branch of which is legal and other other illegal, the legal branch alone can be enforced.
Illustration-
A and B agree that A shall pay B 1,000 rupees, for which B shall afterwards deliver to A either rice or smuggled opium.
This is a valid contract to deliver rice, and a void agreement as to the opium.
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- Section 335 BNS (Bharatiya Nyaya Sanhita) - 4th September 2025
- Section 336 BNS (Bharatiya Nyaya Sanhita) - 3rd September 2025
- Section 337 BNS (Bharatiya Nyaya Sanhita) - 3rd September 2025
