IPC Section 491 and BNS Section 357: Breach of Contract to Care for a Helpless Person
Section 491 of the Indian Penal Code, 1860 punished a person who voluntarily failed to perform a lawful contractual obligation to attend to or supply the needs of a helpless person. For offences committed on or after 1 July 2024, the corresponding provision is Section 357 of the Bharatiya Nyaya Sanhita, 2023 (BNS).
What did Section 491 IPC provide?
Section 491 applied where a person was bound by a lawful contract to attend to or supply the wants of someone unable to care for their own safety or needs because of youth, unsoundness of mind, disease or bodily weakness, and voluntarily omitted to fulfil that duty.
Former punishment: Imprisonment of either description for up to three months, or a fine up to Rs. 200, or both.
Current law: Section 357 of the Bharatiya Nyaya Sanhita, 2023
Section 357 BNS, titled Breach of contract to attend on and supply wants of helpless person, applies to a person who, while bound by a lawful contract to attend to or supply the needs of a helpless individual, voluntarily fails to do so. The protected person may be incapable of meeting their needs or ensuring their safety because of youth, unsoundness of mind, disease or bodily weakness.
Current punishment: Imprisonment of either description for up to three months, or a fine up to Rs. 5,000, or both. See the official BNS text, Sections 357 and 358 (India Code).
Essential ingredients of the offence
- Lawful contract: The accused must have a legally valid contractual duty to attend to the person or provide for their needs.
- Helpless person: The person receiving care must be unable to ensure their own safety or supply their own needs for one of the statutory reasons.
- Voluntary omission: The accused must voluntarily fail to perform the contractual duty.
- Connection to the duty: The omitted act must fall within the care or supply obligation created by that contract.
A mere civil breach of an ordinary service contract does not automatically constitute this offence. The statutory requirements, including the protected person's helplessness and voluntary omission, must be established.
IPC Section 491 versus BNS Section 357
| Feature | IPC Section 491 (former law) | BNS Section 357 (current law) |
|---|---|---|
| Subject | Contractual care of a helpless person | Contractual care of a helpless person |
| Maximum imprisonment | Three months | Three months |
| Maximum fine | Rs. 200 | Rs. 5,000 |
| Applicable period | Offences before 1 July 2024, subject to savings | Offences from 1 July 2024 |
Nature of the offence and procedure
Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the offence under Section 357 BNS is non-cognizable and bailable, and is triable by any Magistrate. Non-cognizable generally means police cannot investigate without the requisite Magistrate's order; bailable means bail is available as of right subject to the applicable legal procedure.
Repeal of IPC and protection of earlier proceedings
Section 358 BNS repeals the IPC but preserves, among other matters, prior liabilities, penalties, investigations and proceedings for offences committed under the repealed law. Accordingly, the date of the alleged act matters when identifying the governing penal provision. See Section 358 BNS in the official enactment.
Illustrative example
Suppose a caregiver undertakes under a lawful contract to supply essential food and assistance to a person who cannot care for themselves because of serious bodily weakness. If the caregiver voluntarily withholds the agreed essential assistance, the facts may attract Section 357 BNS, provided all statutory ingredients are proved. Whether an offence is made out depends on the contract, circumstances and evidence.
Frequently asked questions
Is IPC Section 491 still in force?
No. The IPC was repealed with effect from 1 July 2024. Section 357 BNS is the corresponding current provision; saved liabilities and proceedings under the IPC may continue.
What is the maximum punishment under Section 357 BNS?
Up to three months' imprisonment, or a fine up to Rs. 5,000, or both.
Does every failure to provide care amount to a criminal offence?
No. Section 357 requires a lawful contractual duty, a person meeting the statutory description of helplessness, and a voluntary failure to perform the relevant duty.
Official legal reference
Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023), official India Code PDF. Refer particularly to Sections 357 and 358. For classification and procedure, consult the First Schedule of the Bharatiya Nagarik Suraksha Sanhita, 2023.
This article provides general legal information, not advice on any particular case.