Does a pandemic count as force majeure in India?

Only if the clause covers it, either by naming epidemics and pandemics or through language broad enough to include them, such as governmental action or events beyond the reasonable control of the parties. Where the clause is silent, a party would have to rely on Section 56 of the Indian Contract Act, 1872, which requires impossibility rather than difficulty, and that is a demanding standard.

Can price increases trigger force majeure?

Generally no. Indian courts have repeatedly held that a contract is not frustrated merely because performance has become more onerous or less profitable. Unless the clause expressly addresses cost escalation or includes a change-in-law or price-adjustment mechanism, a party remains bound to perform at the agreed price.

What is the difference between force majeure and frustration?

Force majeure is contractual and gives the relief the parties agreed — usually suspension of performance and an eventual right to terminate. Frustration under Section 56 is statutory, applies only where performance becomes impossible or unlawful, and has a more drastic effect: the contract becomes void and restitution under Section 65 follows. Where a force majeure clause covers the event, that clause governs.

Contracts

What is force majeure in Indian contracts?

Force majeure is a contractual provision excusing or suspending performance when a defined event beyond a party’s control prevents it. It is a creature of contract — if the clause does not cover the event, it does not apply. Where there is no clause, a party must rely on the doctrine of frustration under Section 56 of the Indian Contract Act, 1872, which applies only where performance becomes impossible or unlawful, not merely more difficult or less profitable.

Review a contract All legal questions

Key takeaways

Force majeure exists only to the extent the contract creates it.
Section 56 frustration is narrow — impossibility, not hardship.
Notice requirements in the clause are usually conditions, not formalities.
A clause that suspends performance is different from one that permits termination.

Relevant law and authority

Indian Contract Act, 1872, Section 32: Enforcement of contracts contingent on an event happening.
Indian Contract Act, 1872, Section 56: Agreement to do an impossible act; frustration of contract.
Indian Contract Act, 1872, Section 65: Obligation of a person who has received advantage under a void agreement.

Clause first, doctrine second

Indian courts treat force majeure primarily as a matter of construction of the clause. Where the contract contains a force majeure provision, the relief available is what the clause provides, and Section 56 is generally not available to supplement it in respect of the same event.

This makes the list of events and the operative consequence decisive. A clause listing natural disasters and war but not epidemic, governmental action or supply chain failure will not assist when one of those occurs.

What frustration requires

Section 56 provides that a contract to do an act which, after the contract is made, becomes impossible or unlawful becomes void. Indian courts have consistently applied this narrowly: commercial hardship, increased cost, or a change in market conditions does not frustrate a contract.

Where frustration does apply, the contract becomes void and Section 65 requires a person who has received an advantage under it to restore it or make compensation.

Drafting that actually works

A workable clause defines the events, states whether performance is suspended or excused, sets a notice obligation with a time limit, imposes a duty to mitigate and to resume, and provides a long-stop right to terminate if the event continues beyond a specified period.

The payment obligation deserves specific attention. Many clauses suspend performance generally, leaving it arguable whether fees continue to accrue during the event. Saying so expressly avoids the most common force majeure dispute.

Practical implications

Serve the force majeure notice within the time the clause requires — late notice can forfeit the relief.
Document the causal link between the event and the inability to perform.
Mitigate and record the mitigation; clauses almost always require it.
Check whether payment obligations are suspended or continue.
Track the long-stop date that triggers a termination right.

Common questions

Does a pandemic count as force majeure in India?: Only if the clause covers it, either by naming epidemics and pandemics or through language broad enough to include them, such as governmental action or events beyond the reasonable control of the parties. Where the clause is silent, a party would have to rely on Section 56 of the Indian Contract Act, 1872, which requires impossibility rather than difficulty, and that is a demanding standard.
Can price increases trigger force majeure?: Generally no. Indian courts have repeatedly held that a contract is not frustrated merely because performance has become more onerous or less profitable. Unless the clause expressly addresses cost escalation or includes a change-in-law or price-adjustment mechanism, a party remains bound to perform at the agreed price.
What is the difference between force majeure and frustration?: Force majeure is contractual and gives the relief the parties agreed — usually suspension of performance and an eventual right to terminate. Frustration under Section 56 is statutory, applies only where performance becomes impossible or unlawful, and has a more drastic effect: the contract becomes void and restitution under Section 65 follows. Where a force majeure clause covers the event, that clause governs.

Sources & editorial information

Jurisdiction: India
Last reviewed: 17 September 2026
Legal status: Current

Primary sources

Indian Contract Act, 1872

This page is general legal information about Indian law, prepared against identified legal sources. It is not legal advice and does not create a lawyer–client relationship. Apply it to your own facts only after a consultation with a qualified legal professional.

Relying on — or facing — a force majeure notice?

Check the clause against the event, the notice timing and whether payment obligations continue.

Review a contract Start a consultation