What is Section 490 IPC? Breach of Contract of Service During Voyage or Journey
Published on: Lawiz Team
Learn about Section 490 IPC: Meaning, scope, punishment, examples.
Official Legal Text
Whoever, being bound by a lawful contract to render personal service to another person, and having entered on any journey or voyage, in the course of such service,quits such service without permission or without reasonable cause,shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to one hundred rupees, or with both.
What This IPC Section Means – Explained in Simple Words
Section 490 punishes anyone who, having entered into a contract of service for a voyage or journey, breaches that contract by willfully abandoning the service without sufficient cause.
Purpose
To ensure that individuals who agree to serve during a voyage or journey fulfill their contractual obligations.
Bailable or Not Bailable & Punishment
Bailable: Bailable, Punishment: Imprisonment up to 1 month, or fine up to 200 rupees, or both.
Key Elements
1. The accused must have entered into a contract of service for a voyage or journey. 2. The contract must be willfully breached. 3. The breach must be without sufficient cause.
Punishment Details
Imprisonment of either description for a term which may extend to three months, or a fine which may extend to one thousand rupees, or both.
Illustrative Example
If a sailor abandons the ship during a voyage without a valid reason, they are punishable under Section 490.
Legal Defenses
If the accused can prove that they left the service due to ill-treatment, danger, or other justifiable reasons, they may be acquitted.
Related Sections
Related to Section 491 (Breach of contract to supply wants of helpless person).
Important Note
This section applies only to contracts of service specifically for a voyage or journey.
FAQs
What does Section 490 IPC define?
Breach of contract by medical practitioner or menial servant (Repealed).
How is 'Breach of contract by medical practitioner or menial servant (Repealed)' interpreted in law?
It is interpreted based on the Indian Penal Code and relevant case law.
Where is Section 490 IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 490?
Examples include real-life cases involving breach of contract by medical practitioner or menial servant (repealed).
Is Section 490 used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 490 IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 490 significant?
It holds importance in the framework of criminal law.