What is Section 491 IPC? Breach of contract to attend on and supply wants of helpless person
Published on: Lawiz Team
Learn about Section 491 IPC: Meaning, scope, punishment, examples.
Official Legal Text
Whoever, being bound by a legal contract to attend on or supply the wants of any helpless person whom he is legally bound to support, voluntarily omits to do so, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.
What This IPC Section Means – Explained in Simple Words
Section 491 punishes anyone who, having contracted to take care of or supply the wants of a helpless person, fails to do so without sufficient cause.
Purpose
To protect helpless individuals, such as children, elderly, or sick persons, from neglect by those who have agreed to care for them.
Bailable or Not Bailable & Punishment
Bailable: Bailable, Punishment: Imprisonment up to 3 months, or fine, or both.
Key Elements
1. The accused must have entered into a contract to attend to a helpless person. 2. The accused must fail to fulfill the contract. 3. The failure 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 five hundred rupees, or both.
Illustrative Example
If a caregiver who is paid to look after an elderly person abandons them without any reason, they are punishable under Section 491.
Legal Defenses
If the accused can prove that they were prevented by illness, danger, or other justifiable reasons, they may be acquitted.
Related Sections
Related to Section 490 (Breach of contract of service during voyage) and Section 492 (Breach of contract to serve at a distant place).
Important Note
This section specifically applies to contracts for caring for helpless persons.
FAQs
What does Section 491 IPC define?
Breach of contract to attend on and supply wants of helpless person.
How is 'Breach of contract to attend on and supply wants of helpless person' interpreted in law?
It is interpreted based on the Indian Penal Code and relevant case law.
Where is Section 491 IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 491?
Examples include real-life cases involving breach of contract to attend on and supply wants of helpless person.
Is Section 491 used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 491 IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 491 significant?
It holds importance in the framework of criminal law.