IPC 491 vs BNS 491
● Modified in BNSBreach of contract to attend on and supply wants of a helpless person.
Section 491 of the Indian Penal Code (IPC) dealt with breach of contract where a person, having undertaken by contract to attend to or supply the needs of someone helpless due to age, illness, mental condition, or physical disability, failed to do so without lawful excuse. The law recognized the duty owed by the stronger party to the weaker individual dependent on them. Such neglect could cause harm, suffering, or even danger to life. Hence, IPC 491 made such breach punishable with simple imprisonment or fine. The intent was to provide legal protection to vulnerable persons dependent on others for their survival or basic care. This provision was preventive in nature, targeting situations where exploitation or neglect could arise from contractual failures. It highlighted the social responsibility of individuals entering into agreements involving dependent persons. However, with time, such issues were increasingly addressed through civil remedies, guardianship laws, labor laws, and welfare legislations, making the penal provision outdated.
— (Removed)
In the Bharatiya Nyaya Sanhita (BNS), Section 491 has been removed, and no corresponding provision exists. The drafters of BNS decided that breach of a personal service contract, even one involving a dependent or helpless person, should not be treated as a criminal offence. Instead, these matters are better handled under civil law, contractual remedies, and welfare legislation designed to protect vulnerable groups. The shift reflects a modern approach where criminal law is reserved for acts involving clear criminality or intention to cause harm, rather than mere breach of contract. Today, if someone fails in their duty to care for a dependent person under a contract, remedies lie in civil suits for damages or through specific welfare legislations such as guardianship laws, maintenance provisions, and elder protection statutes. The removal from BNS emphasizes a streamlined code by eliminating provisions that overlapped with civil and welfare laws. This change reduces criminalization of private contractual disputes while ensuring vulnerable individuals remain protected under other frameworks.
What changed?
The Bharatiya Nyaya Sanhita re-words or substantively revises this provision. Compare the two columns above to see the differences.