IPC 491 → BNS 357: Breach of Contract (Helpless)

Quick Summary: IPC 491 vs BNS 357

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 491 (Breach of Contract (Helpless)) falls in the IPC's offences relating to marriage, reputation and intimidation — offences relating to marriage, cruelty by a husband or his relatives, defamation, and criminal intimidation or insult. Retained by the BNS as BNS 357, several such offences are non-cognizable or compoundable, which changes how breach of contract (helpless) is pursued.

What did IPC 491 cover?

IPC 491 dealt with breach of contract (helpless) — breach of contract to attend on and supply wants of helpless person. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 357: What changed in the new law?

No major change. From 1 July 2024, new complaints relating to breach of contract (helpless) are filed under BNS Section 357, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 357

Same - Up to 3 months

Practical implications for advocates, police & citizens

• Advocates: For breach of contract (helpless), check cognizability and whether the offence is compoundable before advising; the substantive provision is now BNS 357, not IPC 491.
• Police officers: Confirm whether the breach of contract (helpless) offence is cognizable before acting, and cite BNS 357 where an FIR is registered.
• Law students & citizens: Some offences in this group, including breach of contract (helpless), can only be pursued on the complaint of the aggrieved person — know whether yours is cognizable.