Sections 34-36 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Sections 34, 35 and 36 complete Chapter III on contingent contracts. Section 34 says when an event that depends on a person's future conduct is treated as impossible. Section 35 deals with contingent contracts tied to a fixed time. Section 36 makes void a contingent agreement that depends on an impossible event.
Section 34: where the event is the way in which a person will act at an unspecified time, it is considered impossible when that person does anything that makes it impossible that he should so act within any definite time, or otherwise than under further contingencies. Section 35: a contract contingent on an event happening within a fixed time becomes void if the event has not happened by the end of the time, or becomes impossible before; one contingent on an event not happening within a fixed time can be enforced when the time has expired without it, or earlier if it becomes certain it will not happen. Section 36: agreements contingent on an impossible event are void, whether or not the parties know it is impossible.
Section 34: future conduct of a living person
"If the future event on which a contract is contingent is the way in which a person will act at an unspecified time, the event shall be considered to become impossible when such person does anything which renders it impossible that he should so act within any definite time, or otherwise than under further contingencies."
The heading in the source says "if it is the future conduct of a living person". Elements:
- The event is the way in which a person will act, at an unspecified time.
- The person does something which renders it impossible that he should so act.
- Impossible within any definite time, or otherwise than under further contingencies.
Then the event "shall be considered to become impossible". This links with sections 32 and 33: once the event is considered impossible, a contract contingent on its happening becomes void (s.32), and one contingent on its not happening can be enforced (s.33). See our article on sections 31 to 33.
The Act's illustration. A agrees to pay B a sum of money if B marries C. C marries D. The marriage of B to C must now be considered impossible, although it is possible that D may die and that C may afterwards marry B.
So the Act treats the event as impossible even though a remote chance remains, because it can now happen only "under further contingencies".
If you are tying a payment to what a person will do, our agreement drafting service can help you set it out so that the event and its deadline are clear.
Section 35: fixed time
Section 35 has two paragraphs.
First paragraph (event must happen within a fixed time). "Contingent contracts to do or not to do anything if a specified uncertain event happens within a fixed time become void if, at the expiration of the time fixed, such event has not happened, or if, before the time fixed, such event becomes impossible."
Second paragraph (event must not happen within a fixed time). "Contingent contracts to do or not to do anything, if a specified uncertain event does not happen within a fixed time may be enforced by law when the time fixed has expired and such event has not happened or, before the time fixed has expired, if it becomes certain that such event will not happen."
| Contract depends on | Becomes void | May be enforced |
|---|---|---|
| Event happening within a fixed time | If the time expires without the event, or the event becomes impossible before the time | (If the event happens, the contract stands to be enforced under the general rule in section 32) |
| Event not happening within a fixed time | (Not stated) | When the time has expired and the event has not happened, or earlier if it becomes certain it will not happen |
The Act's illustrations to section 35
(a) A promises to pay B a sum of money if a certain ship returns within a year. The contract may be enforced if the ship returns within the year, and becomes void if the ship is burnt within the year.
(b) A promises to pay B a sum of money if a certain ship does not return within a year. The contract may be enforced if the ship does not return within the year, or is burnt within the year.
Illustration (b) shows both limbs of the second paragraph: the time expires without the ship's return, or it becomes certain earlier that the ship will not return.
Section 36: impossible events
"Contingent agreements to do or not to do anything, if an impossible event happens, are void, whether the impossibility of the event is known or not to the parties to the agreement at the time when it is made."
Points to note:
- It speaks of agreements, not contracts (see section 2(e) to (j)). The agreement is void from the start.
- The event is impossible when the agreement is made.
- Knowledge does not matter. It is void "whether the impossibility of the event is known or not to the parties".
Compare section 32, where a valid contingent contract becomes void because the event later becomes impossible. Section 36 deals with an event that is impossible when the agreement is made.
The Act's illustrations to section 36
(a) A agrees to pay B 1,000 rupees if two straight lines should enclose a space. The agreement is void.
(b) A agrees to pay B 1,000 rupees if B will marry A's daughter C. C was dead at the time of the agreement. The agreement is void.
The first event is impossible by its nature; the second was impossible because C was already dead when the agreement was made.
How sections 32, 35 and 36 compare
| Section | When the event becomes (or is) impossible | Result |
|---|---|---|
| 32 | After the contract is made | Contract depending on the event happening becomes void |
| 35 | Before the fixed time ends | Contract depending on the event happening within the time becomes void |
| 36 | At the time the agreement is made | Agreement is void |
A modern example (ours, not the Act's)
Hamid agrees to pay Isha Rs. 3 lakh if a particular film, which she is producing, is released in cinemas within twelve months. This is a contingent contract tied to a fixed time. If the twelve months pass without release, section 35 says the contract becomes void. If the production is cancelled during the year so that release can no longer happen, it becomes void earlier, as the section says "before the time fixed, such event becomes impossible". Reverse it: Hamid agrees to pay if the film is not released within twelve months; once the year passes without release, section 35's second paragraph allows enforcement.
For section 36: Hamid agrees to pay Isha Rs. 1 lakh if she completes the shooting of a film that, unknown to both, had already been destroyed in a studio fire before the agreement. If the event on which the agreement depends is impossible when the agreement is made, section 36 makes it void whether or not either side knew.
What can the parties change?
The text of these sections does not say the parties may vary them. What parties control is the choice of the event and the time. A clear time limit avoids dispute about whether the event is "unspecified" under section 34. The impossibility rule in section 36 cannot be cured by agreement: an agreement contingent on an impossible event is void whether or not the parties know.
Practical points
- Fix a time. Section 35 turns on a fixed time; section 34 is for events at an unspecified time.
- Check the event is possible. Section 36 makes an agreement void if the event was impossible when it was made.
- Record events that make it impossible. If a person does something that rules out the event, note the date; section 34 treats the event as impossible then.
- Plan for both outcomes. State what each party must do if the event happens, does not happen or becomes impossible.
Need help drafting time-bound conditions?
If your payments, licences or obligations depend on events within a fixed period, our agreement drafting team can help you write the event, the deadline and the consequences in plain terms so that nobody has to guess what happens at the end of the period.
Key takeaways
- An event that depends on a person's future conduct is considered impossible when he does something that makes it impossible within any definite time or otherwise than under further contingencies (s.34).
- A contingent contract tied to a fixed time becomes void if the event does not happen by then or becomes impossible, and one depending on an event not happening within the time may be enforced when the time expires or it becomes certain (s.35).
- A contingent agreement on an impossible event is void, whether or not the parties know (s.36).
- The Act's illustrations use marriages, ships, geometry and a person who had already died.
Read next
- Sections 31 to 33: contingent contracts and their enforcement
- Sections 29 and 30: uncertainty and wagering agreements
- Introduction to the Indian Contract Act, 1872
Disclaimer: Based on the text of the Indian Contract Act, 1872 as consulted on 1 October 2026. Many questions under this Act turn on case law and on the wording of the particular contract, which this article does not cover. It is general information, not legal advice; check the official text and take advice before acting.