Indian Penal Code, 1860
Section 492
repealedBreach of contract to serve at distant place to which servant is conveyed at master
Repealed by the Workmen’s Breach of Contract (Repealing) Act, 1925 (3 of 1925), S. 2 and Sch.
Why this exists
Section 492 originally penalised a servant who, after being transported at the employer's expense to a distant place of work, then refused to serve or ran away. Like Section 490, it reflected a colonial-era approach that used criminal punishment to enforce labour contracts and prevent workers from leaving after employers had invested in relocating them. This approach was rejected in 1925 when labour disputes were shifted firmly into civil law.
Common misconceptions
- Myth: Employers can still have police prosecute an employee who quits after being relocated.
Fact: This section was repealed in 1925; such disputes are now purely civil or labour-law matters, not criminal offences.