BNS Section 357 – Breach of contract to attend on and supply wants of helpless person
The Indian Penal Code (IPC) Section – 491
Understanding Bharatiya Nyaya Sanhita (BNS) Section 357: Neglecting Care of Helpless Persons
This law deals with failing to care for a helpless person as per a legal contract. Here’s a simple breakdown:
What is the Crime?
If a person:
- Is legally bound by a contract to care for or provide basic needs (food, safety, etc.) to someone who is helpless due to:
- Youth (e.g., a child),
- Mental illness,
- Disease,
- Physical weakness (e.g., disability or old age),
- Intentionally ignores this duty,
they are committing a crime under this section.
Punishment: Up to 3 months in jail OR fine up to ₹5,000 OR both.
Key Points in Simple Table
| Crime | Punishment | Police Action | Bail? | Trial Court |
|---|---|---|---|---|
| Neglecting care of a helpless person under contract | Up to 3 months jail OR ₹5,000 fine OR both | Non-cognizable | Bailable | Any Magistrate |
Who is a “Helpless Person”?
- Someone who cannot care for themselves due to:
- Age (e.g., infants, elderly),
- Mental illness (e.g., dementia),
- Physical illness/disability (e.g., paralysis).
Examples of the Crime
- Example 1: A nurse hired to care for an elderly bedridden patient stops feeding or cleaning them without reason.
- Example 2: A guardian appointed to look after a mentally ill person leaves them alone without food or medical help.
Why is This Law Important?
- Protects vulnerable people who depend on others for survival.
- Ensures caregivers fulfill their legal duties.
Conclusion
BNS Section 357 punishes those who abandon or neglect helpless individuals they are legally bound to care for. Punishment includes up to 3 months in jail, a ₹5,000 fine, or both. Always honor caregiving contracts to protect those in need.
