Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 357: Breach Of Contract To Attend On And Supply Wants Of Helpless Person
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.
Brief Detail
This section addresses situations where a person is legally obligated under a contract to care for someone who is helpless, such as a person with a mental or physical condition or a child. Failure to fulfill this duty can result in imprisonment for up to three months, a fine of up to five thousand rupees, or both.
Question & Answers
What is the punishment for breaching a contract to attend to a helpless person?
The punishment for breaching such a contract can include imprisonment of up to three months, a fine of up to five thousand rupees, or both.
Who is considered a helpless person under this section?
A person who, due to youth, mental unsoundness, disease, or bodily weakness, is incapable of providing for their own safety or supplying their own wants.
What are the obligations under this section?
The obligations include attending to the person or supplying their wants, as stated in a lawful contract.
Can both imprisonment and a fine be imposed for the breach?
Yes, the court can impose both imprisonment and a fine as punishment for breaching the contract.
Example
A is a caretaker employed to look after B, a child suffering from a physical condition. A voluntarily fails to provide food and medication to B. In this case, A can be punished with imprisonment or a fine under Section 357 for breaching the contract.
Summary
Section 357 of the Bharatiya Nyaya Sanhita, 2023, imposes a duty on individuals bound by a lawful contract to care for persons who are helpless due to youth, mental illness, or physical conditions. Failure to fulfill this duty is a punishable offence, with penalties that include imprisonment, fines, or both.
