Section 490 IPC: Breach of contract of service during voyage or journey

Indian Penal Code, 1860

Section 490 IPC at a Glance

Section 490 IPC deals with breach of contract of service during voyage or journey. It has no direct equivalent in the BNS.

Punishment

None. Section 490 IPC was repealed in 1925 and prescribes no punishment.

Section 490 IPC Bare Act Text

490. Breach of contract of service during voyage or journey

] Rep. by the Workmen’s Breach of Contract (Repealing) Act, 1925 (3 of 1925), s. 2 and Sch.

Source: Section 490, Indian Penal Code, 1860

Section 490 IPC in Simple Words

Section 490 of the Indian Penal Code (IPC), titled Breach of contract of service during voyage or journey, was repealed by section 2 of the Workmen's Breach of Contract (Repealing) Act, 1925, read with its Schedule. It now carries no offence or punishment. The Bharatiya Nyaya Sanhita, 2023 contains no corresponding section, and the Sanhita creates no such offence.

Punishment Under Section 490 IPC

Imprisonment

None. Section 490 IPC was repealed in 1925 and prescribes no punishment.

Fine

None.

Section 490 IPC has stood repealed since 1925 and carries no offence or punishment.

Example of Section 490 IPC

In 2014 in Varanasi, Kailash, a textile merchant, hired Mahendra under a written contract of service to work as a boatman and transport bales of cotton on a riverboat voyage along the Ganga to Patna. Halfway through the voyage, Mahendra demanded extra pay and abandoned the boat at a riverside landing, leaving Kailash and the cargo stranded. Because the provision was repealed in 1925, Mahendra's breach of contract of service during the voyage is not an offence under Section 490 IPC.

When Section 490 IPC Does Not Apply

  • A servant or workman abandons a contract of service during a sea voyage or land journey, as Section 490 IPC was repealed in 1925 and is no longer in force.
  • A carrier or porter refuses to complete a contracted trip to transport goods or passengers, because the repealed provision creates no criminal liability.
  • Any dispute arises over a breach of a service agreement during travel, as no prosecution can be brought under Section 490 IPC after its repeal in 1925.

Section 490 IPC in the BNS

Repealed - No equivalent in BNS

Repealed. Section 490 IPC was repealed by the Workmen's Breach of Contract (Repealing) Act, 1925. The Bharatiya Nyaya Sanhita, 2023 contains no counterpart.

FAQs on Section 490 IPC

Is Section 490 IPC still in force?▼

No. Section 490 IPC was repealed by section 2 of the Workmen's Breach of Contract (Repealing) Act, 1925, read with its Schedule.

Does the Bharatiya Nyaya Sanhita have a section corresponding to Section 490 IPC?▼

No. The Bharatiya Nyaya Sanhita contains no provision dealing with breach of contract during travel or transport.

Under Section 490 IPC, was the entire chapter on breach of contract of service repealed in 1925?▼

No. Section 491 IPC, punishing breach of contract to attend on and supply the wants of a helpless person, remained in force and is now Section 357 BNS. Section 492 IPC was repealed in 1925.

Is Section 490 IPC bailable or cognizable?▼

Neither label applies. Section 490 IPC was repealed and has no entry in the First Schedule to the Code of Criminal Procedure, 1973.

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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·