Bharatiya Nyaya Sanhita, 2023
BNS Section 357
Breach of contract to attend on and supply wants of helpless person
In one line
BNS Section 357 deals with breach of contract to attend on and supply wants of helpless person and replaces IPC 491.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 357 | Being bound to attend on or supply the wants of a person who is helpless from youth, unsoundness of mind or disease, and voluntarily omitting to do so. | Imprisonment for 3 months, or fine of 5,000 rupees, or both. | Non-cognizable. | Bailable. | Any Magistrate. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 357
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.
What changed from the IPC
- IPC 491 → BNS 357: Fine increased from two hundred rupees to five thousand rupees.
Frequently asked
What was BNS Section 357 in the IPC?
BNS Section 357 (Breach of contract to attend on and supply wants of helpless person) replaces Section 491 of the Indian Penal Code, 1860. IPC 491 is now BNS 357.
What is the punishment under BNS 357?
Being bound to attend on or supply the wants of a person who is helpless from youth, unsoundness of mind or disease, and voluntarily omitting to do so – punishable 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. Under the First Schedule to the BNSS, 2023 it is non-cognizable and bailable, triable by any Magistrate.
Is BNS 357 bailable?
Bailable: BNS 357. Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 352 — Intentional insult with intent to provoke breach of peace
- BNS 353 — Statements conducing to public mischief
- BNS 354 — Act caused by inducing person to believe that he will be rendered an object of Divine displeasure
- BNS 355 — Misconduct in public by a drunken person
- BNS 356 — Defamation
- BNS 358 — Repeal and savings