BNS Section 357: Breach Of Contract To Attend On And Supply Wants Of Helpless Person
Section 357 falls under Chapter 19 of the Bharatiya Nyaya Sanhita (BNS). Chapter 19 covers offences such as criminal intimidation, insult, annoyance, defamation, etc. Each section under this chapter deals with different offences related to such crimes. Section 357 specifically deals with breach of contract regarding helpless persons. Let us take a closer look at its provisions.
Definition of BNS Section 357
Section 357 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
Whoever, being bound by a lawful contract to attend on or to supply the wants of any person who, by reason of youth, or of unsoundness of mind, or of a disease or bodily weakness, is helpless or incapable of providing for his own safety or of supplying his own wants, voluntarily omits so to do, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both.
Explanation and Illustration of BNS Section 357
This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of failure to assist a public servant. Let us break down the section to get a better understanding of it.
Offence
This section deals with legal contracts that are executed for the care and sustenance of persons who are physically or mentally incapable of caring for themselves. Usually, a breach of contract is a civil matter and not a criminal one. But, these specific contracts are entered into to arrange for caretakers or guardians who can oversee the day to day affairs and general well being of such persons. The issue here is that many of these helpless people cannot take action against any negligence in their care. And so, this section, on their behalf, holds such caretakers accountable for their duty and punishes those who deliberately or recklessly omit their duties as specified under the contract.
Section 357 specifically deals with contracts of special care that have been entered into to care for persons who cannot care for themselves on account of:
Youth - Referring to guardianship contracts to care for minors.
Unsoundness of mind - Referring to contract of medical and general care involving medical professionals.
Disease or bodily weakness - Referring to contract of medical and general care involving medical professionals.
Any person who has been contractually hired to care for such persons and voluntarily omits so to do shall be considered an offender under this section.
Punishment
Any person found in breach of a contract for caring for any person who is helpless or incapable of providing for his own safety or of supplying his own wants shall be punished with imprisonment for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both.
The above actions may not be an offence under this section if:
The offender is forced or coerced into performing the offence
The offender is a minor or not of sane mind.
However, there may be other sections under the BNS under which the above actions can be prosecuted and while they may be disqualified under the provisions of this section, such actions will still be punishable under the provisions of those respective sections of the BNS.
Illustration
A, a stroke patient, has a caretaker, Z, who has been hired by A’s family to care for him. It was discovered after a few months that Z has not been aiding A in going to the toilet and instead has been allowing A to soil himself, leading to infection. Z is an offender under this section.
Key Points in BNS Section 357
This section deals with: Omission of contractual duty to care for helpless persons.
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between Section 357 of BNS and its Equivalent IPC Section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 357 of BNS replaces IPC Section 491. Let us look at the changes that have been made in the provisions of the new section in comparison to the old one.
| BNS Sections/Subsections | Subject | IPC Sections | Summary of Comparison |
|---|---|---|---|
| 357 | Breach of contract to attend on and supply wants of helpless person. | 491 | Fine increased from two hundred rupees to five thousand rupees. |
Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?
Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
- Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
- Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
- Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
- Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.
FAQs about Section 357 of the Bharatiya Nyaya Sanhita (BNS)
What is a breach of contract under Section 357?
Any person contractually obligated to care for a helpless or handicapped person ommitting to perform his or her duty shall be considered to be in breach of contract.
How does this section protect helpless individuals?
By penalising caretakers who omit to perform their contractual duty of care, this section protect helpless individuals.
What penalties apply for failing to supply the needs of helpless persons?
Any person failing to supply the needs of helpless persons as per their contractual obligations shall be punished with imprisonment for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both.
Can legal action be taken for neglecting elderly or dependent individuals?
Yes. Such neglect is punishable with imprisonment under Section 357.
What evidence is needed to prove a breach under this section?
Proof of neglect or omission of duty shall be treated as primary evidence in such cases.
Does this section apply to contracts between private caregivers and employers?
Yes. This section covers all contracts of care.
How can victims seek justice for breach of this nature?
Any person aware of such activities should immediately inform the police authorities.
