IPC 490 vs BNS 490 – Breach of Contract of Service During Voyage
Indian Penal Code (IPC)
Bhartiya Nyaya Sanhita (BNS)
Section: IPC 490
Breach of contract of service during voyage or journey
About IPC Section
Section 490 of the Indian Penal Code, 1860, addresses breach of contract of service by individuals employed during a voyage or journey. This provision was created to ensure discipline, reliability, and accountability of workers engaged in transportation or voyage-related services.
Key points:
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Applies when a person employed on a voyage or journey deserts or neglects their contractual obligations.
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Punishment: Simple imprisonment up to 1 month, or fine up to ₹200, or both.
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Aims to maintain trust and smooth functioning of travel and voyage services.
For example, if a crew member deserts a ship during a voyage in breach of contract, it constitutes an offence under IPC 490. This provision was historically important for regulating employment during voyages, though in modern times, its relevance has diminished due to evolving labor and contractual laws.
Section: BNS 490
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About BNS Section
The Bharatiya Nyaya Sanhita, 2023, does not contain a provision corresponding to IPC 490. This section has been omitted from the new code, recognizing that employment contracts and breaches are now better regulated under labor laws, industrial laws, and civil remedies rather than criminal provisions.
Key points:
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IPC 490 provision regarding breach of service contract during voyage has been removed.
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No equivalent section exists in BNS.
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Reflects the modern legal approach of decriminalizing employment-related breaches, shifting them to civil or labor law frameworks.
Thus, under BNS, breach of such contracts is no longer a criminal offence but may be addressed under other legal mechanisms.