BNS Section 357: Breach Of Contract To Attend On And Supply Wants Of Helpless Person

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.

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