Section 58 Indian Contract Act 1872
Section 58 of the Indian Contract Act 1872 is about Alternative promise, one branch being illegal. It is under “Performance of reciprocal promises” of CHAPTER IV of the Act. CHAPTER IV is titled OF THE PERFORMANCE OF CONTRACTS.
Alternative promise, one branch being illegal
In the case of an alternative promise, one branch of which is legal and the other illegal, the legal branch alone can be enforced.
A and B agree that A shall pay B 1,000 rupees, for which B shall afterwards deliver to A either rice or smuggled opium.
This is a valid contract to deliver rice, and a void agreement as to the opium.
Section 57 Indian Contract Act 1872 (Reciprocal promise to do things legal, and also other things illegal)