Indian Penal Code, 1860
Section 491
repealedBreach of contract to attend on and supply wants of helpless persons
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 two hundred rupees, or with both.
Why this exists
The provision protects vulnerable people, such as children, the elderly, or the sick, who depend entirely on someone else because of a formal caregiving contract, for example a nurse, ayah, or attendant hired to look after them. It ensures that once someone takes on this responsibility under a contract, they cannot simply walk away and leave a helpless person in danger.
Common misconceptions
- Myth: This applies to any family member who doesn't help a relative.
Fact: It only applies when there is a lawful contract creating the duty to attend on or supply the needs of a helpless person, not general family obligations.