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

Indian Penal Code, 1860

Section 491 IPC at a Glance

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

Punishment

Imprisonment of either description for up to three months.

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

Section 357 →

Section 491 IPC Bare Act Text

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.

Source: Section 491, Indian Penal Code, 1860

Section 491 IPC in Simple Words

Section 491 of the Indian Penal Code (IPC) punishes a person who is bound by a lawful contract to attend on, or to supply the wants of, any person who is helpless or incapable of providing for his own safety or supplying his own wants because of youth, unsoundness of mind, disease or bodily weakness, and who voluntarily omits so to do.

The punishment is imprisonment of either description for up to three months, or fine of up to two hundred rupees, or both.

The offence is non-cognizable and bailable, triable by any Magistrate, and compoundable without the permission of the court.

Ingredients of Section 491 IPC

  • The accused was bound by a lawful contract to attend on or to supply the wants of another person
  • 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
  • The accused voluntarily omitted to attend on or to supply the wants of that person

Punishment Under Section 491 IPC

Imprisonment

Imprisonment of either description for up to three months.

Fine

The offender may be punished with fine of up to two hundred 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 two hundred rupees, or both.

Example of Section 491 IPC

In 2018 in Jaipur, Meenakshi hired Rohan under a valid employment contract to attend on her three-year-old son, Aarav, and to supply his food and drinking water while she worked at a hospital. Because of his tender youth, Aarav was helpless and incapable of providing for his own safety or supplying his own wants. One afternoon, Rohan locked the flat and went to watch a cricket match, voluntarily omitting to attend on Aarav or supply his wants for six hours. Because Rohan was bound by a lawful contract and voluntarily omitted to care for the helpless child, Rohan is punishable under Section 491 IPC.

When Section 491 IPC Does Not Apply

  • The caregiver had no lawful contract obligating them to attend on or supply the needs of the other person.
  • The person receiving care was a capable adult who could look after his own safety and meet his own needs.
  • The person's inability to care for himself arose from a cause other than youth, unsoundness of mind, disease, or bodily weakness.
  • The failure to attend on the helpless person or supply his wants was involuntary, such as when the caregiver was suddenly incapacitated by an accident.

Section 491 IPC in the BNS

Section 491 IPC is now covered under Section 357 BNS.

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 detailed comparison (IPC 491 vs BNS 357) →

FAQs on Section 491 IPC

What does Section 491 IPC punish?▼

It punishes voluntarily omitting to attend on or to supply the wants of any person who, by reason of youth, unsoundness of mind, disease or bodily weakness, is helpless or incapable of providing for his own safety or supplying his own wants, when bound by a lawful contract so to do.

What is the punishment under Section 491 IPC?▼

Imprisonment of either description for a term which may extend to three months, or fine which may extend to two hundred rupees, or both.

Who qualifies as a helpless person under Section 491 IPC?▼

Any person who, by reason of youth, unsoundness of mind, disease or bodily weakness, is helpless or incapable of providing for his own safety or of supplying his own wants.

Is an offence under Section 491 IPC cognizable and bailable?▼

It is non-cognizable and bailable, triable by any Magistrate.

Can an offence under Section 491 IPC be compounded?▼

Yes. Under Section 320(1) CrPC, it can be compounded without the permission of the court by the person with whom the offender has contracted.

Does Section 491 IPC apply without a lawful contract?▼

No. The section requires that the accused be bound by a lawful contract to attend on or to supply the wants of the helpless person.

Where is Section 491 IPC placed in the Bharatiya Nyaya Sanhita?▼

In Section 357 BNS, where the maximum fine is enhanced to five thousand rupees.

Have questions about Section 491 IPC?

Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.

Ask NyayGuru →

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

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