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 43 BNS (Bharatiya Nyaya Sanhita) - 7th February 2026
- Section 44 BNS (Bharatiya Nyaya Sanhita) - 7th February 2026
- Section 45 BNS (Bharatiya Nyaya Sanhita) - 7th February 2026





