Home  /  Bharatiya Nyaya Sanhita  /  Section 357

Section 357: Breach of Contract to Attend On and Supply Wants of Helpless Person

Bharatiya Nyaya Sanhita • Chapter XIX: Of Criminal Intimidation, Insult, Defamation & Savings • Official Statutory Text & Legal Guide

Chapter XIX: Of Criminal Intimidation, Insult, Defamation & Savings
Any Magistrate
Bailable
Non-Cognizable
Formerly Sec 491 IPC
Section 356 All 358 Sections of Bharatiya Nyaya Sanhita Section 358

Legal Commentary & Landmark Judgments: Section 357

Section 357 penalises breach of contract to attend on and supply the wants of any person who, by reason of youth, unsoundness of mind, or illness, is helpless or incapable of providing for their own safety or wants.

  • Helpless Person: A person who is helpless due to youth, mental illness, physical infirmity, or old age.
  • Contractual Obligation: The accused had bound themselves by lawful contract (caregiver, nurse, attendant) to care for them.
  • Voluntary Breach: Voluntarily abandoning, starving, or omitting to attend to their basic wants.
Key Landmark Precedents:
  • Pt. Parmanand Katara v. Union of India (1989) 4 SCC 286: The Supreme Court emphasised that caregivers and medical staff owe an unbending legal and moral duty to preserve the health of helpless patients in their care.
  • Common Cause v. Union of India (2018) 5 SCC 1: The Constitution Bench highlighted the legal and constitutional obligations surrounding palliative and geriatric care.
Courtroom Practice & Strategic Litigation Guidance:

Produce the caregiver employment agreement or agency invoice alongside medical logs showing severe dehydration, bedsores, or malnutrition resulting from abandonment.

Section 356 All 358 Sections of Bharatiya Nyaya Sanhita Section 358