IPC 491→BNS 357

IPC 491 to BNS 357: Breach of contract to attend on and supply wants of helpless person

Section 491 IPC (1860) replaced by Section 357 BNS (2023)

View IPC Section 491 →View BNS Section 357 →

IPC 491 to BNS 357 at a Glance

Section 491 IPC (Breach of contract to attend on and supply wants of helpless person) is now Section 357 BNS, in force from 1 July 2024. Under the BNS it is bailable and non-cognizable. What changed is set out below.

What Changed From IPC 491 to BNS 357?

Section 491 IPC is now Section 357 BNS. The statutory definition and the three months maximum term of imprisonment remain unchanged, but the maximum fine is raised from two hundred rupees to five thousand rupees.

IPC 491 vs BNS 357: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section491357
OffenceBreach of contract to attend on and supply wants of helpless personSame
PunishmentImprisonment of either description for up to three months.Same
FineThe offender may be punished with fine of up to two hundred rupees alone, or with both imprisonment and fine.The offender may be punished with fine of up to five thousand rupees alone, or with both imprisonment and fine.
BailBailableSame
CognizanceNon-CognizableSame
CompoundableCompoundableSame
Triable ByAny MagistrateSame

IPC 491 and BNS 357: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 491, IPC 1860

491. Breach of contract to attend on and supply wants of helpless person.—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 two hundred rupees, or with both.
BNS 2023 (in force)

Section 357, BNS 2023

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.

Ingredients: IPC 491 vs BNS 357

Under IPC 491
  1. The accused was bound by a lawful contract to attend on or to supply the wants of another person
  2. That person was helpless or incapable of providing for his own safety or supplying his own wants by reason of youth, unsoundness of mind, disease or bodily weakness
  3. The accused voluntarily omitted to attend on or to supply the wants of that person
Under BNS 357
  1. A person bound by a lawful contract to attend on or to supply the wants of another person
  2. The other person being helpless or incapable of providing for his own safety or supplying his own wants by reason of youth, unsoundness of mind, disease or bodily weakness
  3. Voluntary omission by the bound person so to attend or supply those wants

What IPC 491 to BNS 357 Means for Pending Cases

For Section 491 IPC (now Section 357 BNS): under Section 357 BNS, the elements of the offence and the three months maximum term of imprisonment remain unchanged, but the maximum fine is raised to five thousand rupees. A charge for an act done after the BNS came into force cites Section 357 BNS.

FAQs: IPC 491 to BNS 357

What changed when Section 491 IPC became Section 357 BNS?▼

The maximum fine is raised from two hundred rupees to five thousand rupees. The definition of the offence and the maximum imprisonment of three months are otherwise identical.

Where does Section 491 IPC sit in the BNS?▼

In Section 357 BNS, in Chapter XIX, Of Criminal Intimidation, Insult, Annoyance, Defamation, etc.

Does Section 491 IPC or Section 357 BNS apply to an act done before 1 July 2024?▼

Section 491 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 491 IPC. Section 357 BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·