Indian Contract Act, 1872 · Chapter II: Of Contracts, Voidable Contracts and Void Agreements
Section 18: "Misrepresentation" defined
"Misrepresentation" means and includes—
(1) the positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true;
(2) any breach of duty which, without an intent to deceive, gains an advantage to the person committing it, or any one claiming under him; by misleading another to his prejudice, or to the prejudice of any one claiming under him;
(3) causing, however innocently, a party to an agreement, to make a mistake as to the substance of the thing which is the subject of the agreement.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 18
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Supply Corporation Limited & Anr. v. Sanjay Kumar
Whether the dispute between the respondents and the appellant arising out of the agreement incorporating the arbitration clause has become non-arbitrable in view of the initiation and pendency of the criminal cases;…
- Haryana Power Purchase Centre v. Sasan Power
- Union of India & Ors. v. M/S. Bharat Enterprise
- M/S Texco Marketing Pvt. Ltd. v. Tata Aig General Insurance Company Ltd. & Ors.
- M/S. N.N. Global Mercantile Pvt. Ltd. v. M/S. Indo Unique Flame Ltd. & Others
- Vidya Drolia and Others v. Durga Trading Corporation
- Avitel Post Studioz Limited & Ors. v. Hsbc Pi Holdings (Mauritius) Limited
- General Manager, Electrical Rengali Hydro Electric Project, Orissa and Others v. Sri Giridhari Sahu and Others