Section 492 IPC: Breach of contract to serve at distant place to which servant is conveyed at master's expense

Indian Penal Code, 1860

Section 492 IPC at a Glance

Section 492 IPC deals with breach of contract to serve at distant place to which servant is conveyed at master's expense. It has no direct equivalent in the BNS.

Punishment

None. Section 492 IPC was repealed in 1925 and prescribes no punishment.

Section 492 IPC Bare Act Text

492. Breach of contract to serve at distant place to which servant is conveyed at master's expense
] Rep. by the Workmen’s Breach of Contract (Repealing) Act, 1925 (3 of 1925), s. 2 and Sch.

Source: Section 492, Indian Penal Code, 1860

Section 492 IPC in Simple Words

Section 492 of the Indian Penal Code (IPC), titled Breach of contract to serve at distant place to which servant is conveyed at master's expense, was repealed by section 2 of the Workmen's Breach of Contract (Repealing) Act, 1925, read with its Schedule.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 provision, and the Sanhita creates no such offence.

Punishment Under Section 492 IPC

Imprisonment

None. Section 492 IPC was repealed in 1925 and prescribes no punishment.

Fine

None.

Section 492 IPC has stood repealed since 1925 and carries no offence or punishment.

Example of Section 492 IPC

In 2016, Rajesh, a factory owner in Surat, entered into a written contract with Dinesh, a technician living in Patna, to serve at his workshop in Surat for two years. Rajesh paid for Dinesh's railway ticket and lodging to bring him to Surat. Three days after starting work, Dinesh left the workshop and returned home in breach of the agreement. Rajesh sought to file a criminal complaint against Dinesh for deserting service after being conveyed to a distant place at the master's expense. Because the provision was repealed in 1925, Dinesh committed no offence under Section 492 IPC.

When Section 492 IPC Does Not Apply

Section 492 IPC does not apply to any breach of a service contract because it was repealed in 1925.
Section 492 IPC does not apply where an employer pays to convey a worker to a distant place of employment and the worker subsequently abandons the job.
Section 492 IPC has no application to any dispute between a master and a servant, as the provision ceased to exist as an offence in 1925.

Section 492 IPC in the BNS

Repealed - No equivalent in BNS

Repealed. Section 492 IPC was repealed by the Workmen's Breach of Contract (Repealing) Act, 1925. The Bharatiya Nyaya Sanhita, 2023 has no provision on service at a distant place.

FAQs on Section 492 IPC

Is Section 492 IPC still in force?▼

No. Section 492 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 492 IPC?▼

No. The Bharatiya Nyaya Sanhita contains no provision dealing with breach of contract to serve at distant locations.

Did Section 492 IPC cover care of a helpless person?▼

No. Section 491 IPC covered breach of contract to attend on or supply the wants of a helpless person and became Section 357 BNS. Section 492 IPC concerned service at a distant place.

Is Section 492 IPC bailable or cognizable?▼

Neither label applies. Section 492 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 ·