Section 357 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a comprehensive overview of Section 357 of the Bharatiya Nyaya Sanhita (BNS), 2023, found in Chapter XIX: Criminal Intimidation, Insult, Annoyance, Defamation, etc., under the sub-heading Breach of contract to attend on and supply wants of helpless person:
📜 Section 357 – Breach of Contract to Attend On & Supply Wants of Helpless Person
Offence Defined:
When a person, bound by a lawful contract, voluntarily fails to care for someone who is helpless due to age (minor), unsound mind, disability, disease, or bodily weakness—i.e., someone incapable of self-care—they commit a punishable offence(sudhirrao.com).
⚖️ Punishment
Imprisonment: Up to 3 months (simple or rigorous),
Fine: Up to ₹5,000,
Or both(lawrato.com).
🛡️ Classification & Procedure
Cognizable: ❌ Non-cognizable (police need a warrant)(devgan.in).
Bailable: ✅ Yes — the accused can seek bail.
Triable by: A Magistrate of appropriate class(lawrato.com, devgan.in).
🧠 Key Elements to Establish
Lawful Contract Exists: There must be a binding agreement obligating someone to attend to or care for the helpless individual.
Participant is Helpless: The contract pertains to someone who, due to youth, illness, mental incapacity, or physical weakness, cannot care for themselves.
Voluntary Omission: The person must intentionally fail to fulfill their contractual duty.
💡 Example
A caregiver formally contracted to care for an elderly dementia patient stops providing meals or medication, causing the patient's well-being to deteriorate. This failure to perform duties—despite the binding agreement—constitutes an offence under Section 357.
🧭 Why It Matters
Legal Accountability: Ensures contractual caregivers fulfill essential duties, protecting vulnerable persons from neglect.
Modern Welfare Standard: Introduces legal consequences for failing social support roles covered by formal agreements—bridging gaps between contract law and criminal neglect.
📝 Summary Table
| Feature | Details |
|---|---|
| Offence | Breach of contract to care for helpless person |
| Max Punishment | 3 months imprisonment and/or ₹5,000 fine |
| Cognizable | No |
| Bailable | Yes |
| Trier | Magistrate |
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