Code: Section 357 BNS
Whoever, being bound by a lawful contract to attend on or to supply the wants
of any person who, by reason of youth, or of unsoundness of mind, or of a disease or bodily
weakness, is helpless or incapable of providing for his own safety or of supplying his own
wants, voluntarily omits so to do, shall be punished with imprisonment of either description
for a term which may extend to three months, or with fine which may extend to five thousand
rupees, or with both.
Explanation of Section 357 BNS
Section 357 of the Bharatiya Nyaya Sanhita (BNS) criminalizes the breach of a lawful contract where a person fails to provide care or support to someone who is helpless due to specific conditions such as youth, mental illness, disease, or bodily weakness.
Key Elements:
- Lawful Contract:
- A formal or informal agreement to provide care or support.
- Helplessness Conditions:
- Youth: Minor individuals unable to care for themselves.
- Unsoundness of Mind: Individuals with mental health issues.
- Disease or Bodily Weakness: Physical conditions that impair self-care.
- Voluntary Omission:
- Willfully neglecting the duty without a valid reason.
- Punishment:
- Imprisonment up to 3 months,
- Fine up to ₹5,000, or
- Both.
Illustrations
Example 1: Failure to Care for a Minor
A has a contract to take care of B, a minor.
- A leaves B unattended for days without any justification.
- This is a violation of Section 357.
Example 2: Neglecting an Elderly Person
C agrees to provide daily care for an elderly person with a disability.
- C stops providing food and medical attention without cause.
- C is liable under Section 357.
Example 3: Mental Health Neglect
D contracts to assist E, who suffers from a severe mental health condition.
- D intentionally neglects E’s needs, leaving them vulnerable.
- This omission constitutes an offense.
Common Questions and Answers
1. Who can be punished under Section 357?
- Answer: Any person bound by a lawful contract who neglects their duty toward a helpless individual.
2. What are the conditions for this section to apply?
- Answer: The person must be helpless due to youth, unsoundness of mind, disease, or bodily weakness.
3. Is this section applicable to informal agreements?
- Answer: Yes, even informal agreements can be considered lawful contracts if there’s clear obligation to provide care.
4. What is the punishment for breach of contract?
- Answer: Up to 3 months of imprisonment, a fine of up to ₹5,000, or both.
5. Can the punishment be more severe?
- Answer: No, Section 357 specifies the maximum limits, unless other laws apply.
Exceptions to Consider
- Valid Excuses: If the person had a legitimate reason (like an emergency) for omission, the offense may not hold.
- No Contractual Obligation: If there’s no lawful contract, this section won’t apply.
Conclusion
Section 357 BNS emphasizes the legal duty to care for individuals who cannot care for themselves due to specific vulnerabilities. It ensures that those entrusted with such responsibilities are held accountable if they fail to fulfill their obligations.
