Promise
Also called: Promisor, Promisee
A proposal that has been accepted. Under Section 2(b) of the Indian Contract Act, 1872, a proposal, when accepted, becomes a promise.
Explained
The Indian Contract Act, 1872 builds the idea of a promise step by step in Section 2. A person makes a proposal when he signifies to another his willingness to do or abstain from doing anything with a view to obtaining that other's assent (Section 2(a)). When the person to whom it is made signifies assent, the proposal is accepted, and a proposal, when accepted, becomes a promise (Section 2(b)). The person making the proposal is the promisor and the person accepting it is the promisee (Section 2(c)).
The promise then feeds into the later definitions. Consideration under Section 2(d) is what the promisee or any other person does, abstains from doing or promises at the desire of the promisor. Every promise and every set of promises forming the consideration for each other is an agreement (Section 2(e)), promises forming consideration for each other are reciprocal promises (Section 2(f)), and an agreement enforceable by law is a contract (Section 2(h)). So every contract contains a promise, but not every promise is a contract: a promise without consideration, or one forbidden by law, is not enforceable.
Section 9 classifies promises: in so far as the proposal or acceptance is made in words, the promise is express; in so far as it is made otherwise than in words, it is implied. Section 37 requires parties to perform or offer to perform their respective promises unless performance is dispensed with or excused, and provides that promises bind the representatives of a promisor who dies before performance unless a contrary intention appears.
The word also carries specific meanings in criminal law, which examiners pair with contract questions. Section 69 of the BNS punishes sexual intercourse obtained by a promise to marry made without any intention of fulfilling it, where the act does not amount to rape. Section 22 of the BSA makes a confession irrelevant if caused by an inducement, threat, coercion or promise having reference to the charge and proceeding from a person in authority.
What the law says
(c) The person making the proposal is called the “promisor”, and the person accepting the proposal is called the “promisee”;
(d) When, at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or to abstain from doing, something, such act or abstinence or promise is called a consideration for the promise;
(e) Every promise and every set of promises, forming the consideration for each other, is an agreement;
(f) Promises which form the consideration or part of the consideration for each other are called reciprocal promises;
(g) An agreement not enforceable by law is said to be void;
(h) An agreement enforceable by law is a contract;
Clauses (a) to (h) define proposal, promise, promisor, consideration, agreement
In so far as the proposal or acceptance of any promise is made in words, the promise is said to be express. In so far as such proposal or acceptance is made otherwise than in words, the promise is said to be implied.
Express and implied promises
The parties to a contract must either perform, or offer to perform, their respective promises, unless such performance is dispensed with or excused under the provisions of this Act, or of any other law.
Promises bind the representatives of the promisors in case of the death of such promisors before performance, unless a contrary intention appears from the contract.
Illustrations
Obligation to perform promises; binds representatives
Whoever, by deceitful means or by making promise to marry to a woman without any intention of fulfilling the same, has sexual intercourse with her, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.
Explanation.— “deceitful means” shall include inducement for, or false promise of employment or promotion, or marrying by suppressing identity.
False promise to marry as a criminal offence
Earlier law: IPC New Section
A confession made by an accused person is irrelevant in a criminal proceeding, if the making of the confession appears to the Court to have been caused by any inducement, threat, coercion or promise having reference to the charge against the accused person, proceeding from a person in authority and sufficient, in the opinion of the Court, to give the accused person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him:
Provided that if the confession is made after the impression caused by any such inducement, threat, coercion or promise has, in the opinion of the Court, been fully removed, it is relevant:
Provided further that if such a confession is otherwise relevant, it does not become irrelevant merely because it was made under a promise of secrecy, or in consequence of a deception practised on the accused person for the purpose of obtaining it, or when he was drunk, or because it was made in answer to questions which he need not have answered, whatever may have been the form of those questions, or because he was not warned that he was not bound to make such confession, and that evidence of it might be given against him.
Confession caused by promise is irrelevant
Earlier law: IEA 24. Confession caused by inducement, threat or promise, when irrelevant in criminal proceeding.; 28. Confession made after removal of impression caused by inducement, threat or promise, relevant.; 29. Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc.
Example
For example, A offers to sell his car to B for five lakh rupees and B accepts. A's proposal has become a promise; A is the promisor and B the promisee, and B's promise to pay is the consideration for A's promise.
For the exam
- Section 2(b) ICA: a proposal, when accepted, becomes a promise.
- Proposer is the promisor; acceptor is the promisee (Section 2(c)).
- Express promise in words, implied promise otherwise than in words (Section 9).
- Every promise and set of promises forming consideration for each other is an agreement (Section 2(e)).
- Promises bind the promisor's representatives after his death unless a contrary intention appears (Section 37).
710 questions in the Law Maker question bank use this term. Practise Contract Law questions
Related terms
- ProposalUnder Section 2(a) of the Contract Act, a person makes a proposal when he signifies to another his willingness to do or abstain from doing anything, to obtain that other's assent.
- AgreementUnder Section 2(e) of the Contract Act, every promise and every set of promises forming the consideration for each other. An agreement enforceable by law is a contract.
- ConsiderationAn act, abstinence or promise done or made at the desire of the promisor by the promisee or any other person, which is the price for the promise (Section 2(d) of the Contract Act).
- 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.
- Deceitful meansUnder the Explanation to Section 69 of the BNS, includes inducement for, or false promise of, employment or promotion, or marrying by suppressing identity.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.