What is Section 492 IPC? Breach of contract to serve at distant place to which servant is conveyed at master’s expense
Published on: Lawiz Team
Learn about Section 492 IPC: Meaning, scope, punishment, examples.
Official Legal Text
Whoever, having entered into a contract with any person for service at any place not being the place where the contract is entered into, and having been conveyed to such place at the expense of the employer, wilfully and without reasonable excuse refuses to perform such service, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to fifty rupees, or with both.
What This IPC Section Means – Explained in Simple Words
Section 492 punishes any servant who, having been conveyed to a distant place at the expense of their master for service, willfully refuses to serve without sufficient cause.
Purpose
To protect employers who bear the expense of transporting servants to a distant place from being abandoned without cause.
Bailable or Not Bailable & Punishment
Bailable: Bailable, Punishment: Imprisonment up to 3 months, or fine, or both.
Key Elements
1. The accused must be a servant transported at the master's expense. 2. The servant must refuse to serve at the place 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 worker is taken to another city at the employer's expense but refuses to work without a reason, they are punishable under Section 492.
Legal Defenses
If the accused can prove that they were mistreated, faced danger, or were unwell, they may be acquitted.
Related Sections
Related to Section 491 (Breach of contract to attend on helpless person) and Section 493 (Cohabitation by deceiving of lawful marriage).
FAQs
What does Section 492 IPC define?
Breach of contract to serve at distant place to which servant is conveyed at master’s expense.
How is 'Breach of contract to serve at distant place to which servant is conveyed at master’s expense' interpreted in law?
It is interpreted based on the Indian Penal Code and relevant case law.
Where is Section 492 IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 492?
Examples include real-life cases involving breach of contract to serve at distant place to which servant is conveyed at master’s expense.
Is Section 492 used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 492 IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 492 significant?
It holds importance in the framework of criminal law.