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

Bharatiya Nyaya Sanhita, 2023

Section 357 BNS at a Glance

Section 357 BNS deals with breach of contract to attend on and supply wants of helpless person. It is bailable and non-cognizable, triable by any Magistrate; it replaced Section 491 IPC on 1 July 2024.

Punishment

Imprisonment of either description for up to three months.

Bailable ⓘNon-Cognizable ⓘCompoundable ⓘ🏛️ Any Magistrate ⓘ
IPC Equivalent

Section 491 →

Section 357 BNS Bare Act Text

357. 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 five thousand rupees, or with both.

Source: Section 357, Bharatiya Nyaya Sanhita, 2023

Section 357 BNS in Simple Words

Section 357 of the Bharatiya Nyaya Sanhita (BNS) deals with a breach of a lawful contract to attend on or supply the wants of a helpless person. It applies where a person is bound by a lawful contract to care for or supply the wants of someone who, because of youth, unsoundness of mind, disease, or bodily weakness, is helpless or incapable of providing for their own safety or supplying their own wants, and voluntarily omits to do so. This section protects vulnerable people from intentional neglect by those who have contractually accepted responsibility for their care.

It does not punish accidental or involuntary failures to perform a contract. For criminal liability to arise, there must be a lawful contract, the person receiving care must be helpless for one of the reasons listed in the section, and the omission to attend on them or supply their wants must be voluntary.

Ingredients of Section 357 BNS

  • A person bound by a lawful contract to attend on or to supply the wants of another person
  • 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
  • Voluntary omission by the bound person so to attend or supply those wants

Punishment Under Section 357 BNS

Imprisonment

Imprisonment of either description for up to three months.

Fine

The offender may be punished with fine of up to five thousand rupees alone, or with both imprisonment and fine.

Bailable ⓘNon-Cognizable ⓘCompoundable ⓘ🏛️ Any Magistrate ⓘ

Breach of a lawful contract to attend on or supply the wants of a helpless person carries imprisonment of either description for up to three months, or fine of up to five thousand rupees, or both.

Example of Section 357 BNS

Kavita engages Suresh under a written agreement to attend on her bedridden father in Lucknow, who cannot feed or bathe himself due to illness, and to supply his daily meals and medicine. Suresh leaves the house without notice or substitute, omitting to provide care for two days. Suresh was bound by a lawful contract to attend on a helpless person and voluntarily omitted to do so. Suresh is punishable under Section 357 BNS.

When Section 357 BNS Does Not Apply

  • There was no lawful contract binding the person to attend on or supply the wants of the individual
  • The person was not 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
  • The omission to attend or supply wants was not voluntary

Section 357 BNS in the IPC (Previous Law)

Section 357 BNS replaces Section 491 IPC from the old criminal code.

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.

View IPC Section 491 →

FAQs on Section 357 BNS

What kind of person is protected under Section 357 BNS?▼

The section protects any person who, by reason of youth, unsoundness of mind, disease, or bodily weakness, is helpless or incapable of providing for their own safety or supplying their own wants.

Under Section 357 BNS, is every breach of a care contract a criminal offence?▼

No. Criminal liability under Section 357 BNS arises only when a person bound by a lawful contract to attend on or supply the wants of such a helpless person voluntarily omits to do so.

What is the punishment under Section 357 BNS?▼

The punishment is imprisonment of either description for a term which may extend to three months, or fine which may extend to five thousand rupees, or both.

What is the present law for the offence under Section 357 BNS?▼

Section 357 of the Bharatiya Nyaya Sanhita (BNS), 2023 is the current provision in force. It carries forward the earlier offence from the Indian Penal Code while increasing the maximum fine to five thousand rupees.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·