Meaning of Immorality in Law

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Immorality is a wicked, sinful, or otherwise wrong behavior. It is a condition avoided by good people. In plain words, immorality means the quality of being immoral.

Since morality refers to things that are good, immorality has to do with things that are wrong like lying, stealing, or murdering. It is a delicate word, because each and every group of community have its own formulation of ​​what is immoral. We can all admit that killing is an example of immorality, but people do not accept that things such as bad language are really signs of immorality. Various religions also have their own notions of immorality, but at all times, the term is connected with offensiveness or wrongness.

An agreement, the object or consideration of which is immoral, is void and cannot be executed. For example, M agrees to let his daughter hire N for concubinage. Such an agreement is void.

Pearce vs. Brooks, 1866

In this case, the defendant prostitute was prosecuted for renting a car in which she drove every evening to attract customers. The lawsuit was dismissed on the grounds that the plaintiff had contributed to the doing of an immoral act and that she was therefore likely to suffer. It was decided that if a person contributes to the performance of an illegal act by providing anything, he cannot recover the value of the thing.

Gherulal Parekh vs. Mahadeodas Maiya, 1959

In the present case, the Court gave the following examples of an agreement void on grounds of immorality: –

“A marriage agreement for consideration, a contract for the sale or rental of objects to be used in a brothel or a prostitute for purposes ancillary to her profession, a contract facilitating divorce or any settlement consideration of concubinage are deemed void on the ground that the object is immoral.”

R.K. Rath vs. Government of India, 2000

In this case, it was held that under Section 23 of Indian Contract Act, 1872, the contracts that are contrary to public policy and immoral are deemed to be void and not illegal and in this aspect, the Law in India seems to differ from that of Law in an England.