Minor
Also called: Minority, Infant
A person who has not attained majority, which in India is ordinarily the completion of eighteen years. A minor cannot contract, and his agreement is void.
Explained
Indian law fixes majority mainly through the Indian Majority Act, 1875, under which a person attains majority on completing eighteen years, and several statutes define minor by reference to it. Section 4(1) of the Guardians and Wards Act, 1890 and the Explanation to Order XXXII Rule 1 of the CPC adopt the Majority Act, while Section 4(a) of the Hindu Minority and Guardianship Act, 1956 and Section 3(c) of the Hindu Adoptions and Maintenance Act, 1956 say directly that a minor is a person who has not completed eighteen years. Section 2(8) of the Registration Act, 1908 instead refers to the personal law of the person.
In contract law Section 11 of the Indian Contract Act, 1872 makes competent only a person who is of the age of majority according to the law to which he is subject. In Mohori Bibee v. Dharmodas Ghose (1903) the Privy Council held a minor's agreement void ab initio, so a mortgage by a minor could not be enforced and the minor need not repay the advance. A minor cannot ratify such an agreement on attaining majority and is not estopped by having misrepresented his age. Under Section 68, however, a supplier of necessaries suited to the minor's condition in life may be reimbursed from the minor's property, though the minor is not personally liable. Under Section 30 of the Indian Partnership Act, 1932 a minor cannot be a partner but may, with the consent of all partners, be admitted to the benefits of partnership.
In procedure a minor sues through a next friend and is defended by a guardian for the suit under Order XXXII of the CPC. Under Rule 7 no next friend or guardian may enter into a compromise on the minor's behalf without the leave of the Court expressly recorded in the proceedings. Under Section 6 of the Limitation Act, 1963 a minor may sue within the same period after attaining majority. Under Section 6 of the HMGA the father, and after him the mother, is the natural guardian of a Hindu minor boy or unmarried girl.
Examiners test Mohori Bibee, the necessaries rule, admission to benefits of partnership, Order XXXII Rule 7 and the extension under Section 6 of the Limitation Act.
What the law says
Every person is competent to contract who is of the age of majority according to the law to which he is subject, and who is of sound mind, and is not disqualified from contracting by any law to which he is subject.
Competence to contract depends on majority
If a person, incapable of entering into a contract, or any one whom he is legally bound to support, is supplied by another person with necessaries suited to his condition in life, the person who has furnished such supplies is entitled to be reimbursed from the property of such incapable person.
Illustrations
(a) A supplies B, a lunatic, with necessaries suitable to his condition in life. A is entitled to be reimbursed from B’s property.
Necessaries supplied to a person incapable of contracting
(a) “minor” means a person who has not completed the age of eighteen years;
Section 4(a): minor is a person under eighteen
[Explanation.—In this Order, “minor” means a person who has not attained his majority within the meaning of section 3 of the Indian Majority Act, 1875 (9 of 1875) where the suit relates to any of the matters mentioned in clauses (a) and (b) of section 2 of that Act or to any other matter.]
Minor sues by next friend; meaning of minor
(1) A person who is a minor according to the law to which he is subject may not be a partner in a firm, but, with the consent of all the partners for the time being, he may be admitted to the benefits of partnership.
(2) Such minor has a right to such share of the property and of the profits of the firm as may be agreed upon, and he may have access to and inspect and copy any of the accounts of the firm.
(3) Such minor’s share is liable for the acts of the firm, but the minor is not personally liable for any such act.
Minor admitted to the benefits of partnership
Explanation.—For the purposes of this section, ‘minor’ includes a child in the womb.
Extension of limitation for a minor
Example
For example, if a seventeen year old borrows money by mortgaging his house and later refuses to pay, the lender cannot enforce the mortgage or recover the loan from him personally.
For the exam
- Majority is ordinarily attained on completing eighteen years (Indian Majority Act, 1875).
- A minor's agreement is void ab initio (Mohori Bibee v. Dharmodas Ghose, 1903) and cannot be ratified.
- Necessaries: the supplier is reimbursed from the minor's property only (Section 68).
- A minor may be admitted to the benefits of partnership with all partners' consent (Section 30, Partnership Act).
- Compromise on a minor's behalf needs leave of the Court expressly recorded (Order XXXII Rule 7 CPC).
801 questions in the Law Maker question bank use this term. Practise Contract Law questions
Related terms
- GuardianA person having the care of the person of a minor, or of his property, or of both. Defined in Section 4(b) of the HMGA and Section 4(2) of the Guardians and Wards Act.
- Natural guardianUnder Section 4(c) of the Hindu Minority and Guardianship Act, 1956, any of the guardians named in Section 6: the father, then the mother; the mother for illegitimate children; the husband for a married girl.
- ChildUnder Section 2(3) of the BNS a child is any person below eighteen years of age. Special statutes use the same age with small variations, and child marriage law sets twenty one for males.
- ContractUnder Section 2(h) of the Contract Act, an agreement enforceable by law. Section 10 lists what makes an agreement a contract.
- VoidHaving no legal effect. Under Section 2(g) of the Contract Act an agreement not enforceable by law is void, and under Section 2(j) a contract becomes void when it ceases to be enforceable.
- Period of limitationUnder Section 2(j) of the Limitation Act, the period prescribed for a suit, appeal or application by the Schedule. In criminal law, the period in Section 514 BNSS for taking cognizance.
Further reading
- The Indian Contract Act, 1872, official text on India Code
- The Hindu Minority and Guardianship Act, 1956, official text on India Code
- The Code of Civil Procedure, 1908, official text on India Code
- The Indian Partnership Act, 1932, official text on India Code
- The Limitation Act, 1963, official text on India Code
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.