12. What is a sound mind for the purposes of contracting?
A person is said to be of sound mind for the propose of making a contract, if, at the time when he makes it, he is capable of understanding it and of forming a rational judgement as to its effect upon his interest.
A person who is usually of unsound mind, but occasionally of sound mind, may make a contract when he is of sound mind.
A person who is usually of sound mind, but occasionally of unsound mind, may not make a contract when he is of unsound mind.
Illustrations-
(a) A patient in a lunatic asylum who is at intervals of sound mind, may contract during those intervals.
(b) A sane man, who is delirious from fever, or who is so drunk that he cannot understand the terms of a contract, or form a rational judgment as to its effect on his interests, cannot contract whilst such delirium of drunkenness lasts.
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- Section 34 BNS (Bharatiya Nyaya Sanhita) - 18th February 2026
- Section 35 BNS (Bharatiya Nyaya Sanhita) - 18th February 2026
- Section 36 BNS (Bharatiya Nyaya Sanhita) - 18th February 2026
