Bharatiya Nyaya Sanhita, 2023
Section 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.
Why this exists
This provision protects vulnerable people — children, the mentally ill, the sick, or the physically frail — who depend on someone else's contractual promise to care for them, such as a paid attendant or caretaker. It ensures that walking away from such a duty, leaving a helpless person without care, carries criminal consequences rather than being treated as a mere civil breach of contract.
Common misconceptions
- Myth: This applies to any family member who fails to care for a relative.
Fact: The offence specifically requires a lawful contract binding the person to attend to or supply the needs of the helpless person — it is about contractual caretakers, not a general family duty of care.