Section 357 BNS: Breach of Contract to Attend on and Supply Wants of Helpless Person
Section 357 of the Bharatiya Nyaya Sanhita, 2023 applies where a person is bound by a lawful contract to attend on or supply the wants of a helpless person and voluntarily fails to perform that obligation.
What does Section 357 BNS mean?
The offence is concerned with a voluntary failure to discharge a contractual duty owed to a person who cannot adequately provide for his own safety or needs because of youth, unsoundness of mind, disease or bodily weakness.
The provision does not criminalise every breach of contract. Its scope is narrower: there must be a lawful contract to attend on or supply the wants of a person who is helpless within the statutory description, and the omission must be voluntary.
Section 357 of the Bharatiya Nyaya Sanhita, 2023
357. 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.
Essential ingredients of Section 357 BNS
- There must be a lawful contract binding the accused to attend on or supply the wants of another person.
- The person entitled to care or supply must be helpless or incapable of providing for his own safety or wants.
- The helplessness must arise from youth, unsoundness of mind, disease or bodily weakness.
- The accused must voluntarily omit to perform the contractual duty.
- The prosecution must establish the contractual obligation as well as the voluntary omission.
Who is a helpless person under Section 357?
The section identifies four statutory causes of helplessness: youth, unsoundness of mind, disease, and bodily weakness. The person must, because of one of these conditions, be helpless or incapable of providing for his own safety or supplying his own wants.
The focus is therefore not merely on age or illness as a label. The relevant question is whether the condition renders the person unable to provide adequately for personal safety or needs.
Requirement of a lawful contract
A central element is that the accused must be bound by a lawful contract to attend on or supply the wants of the helpless person. A moral expectation or informal sense of responsibility, without the contractual element required by the section, does not reproduce the complete statutory ingredients.
The precise contract, its terms, the duty undertaken, and whether the alleged omission falls within that obligation will therefore be important factual matters.
Punishment and BNSS classification
| Provision | Maximum punishment | Cognizability | Bail | Trial court |
|---|---|---|---|---|
| Section 357 BNS | Imprisonment of either description up to 3 months, or fine up to Rs. 5,000, or both | Non-cognizable | Bailable | Any Magistrate |
The procedural classification above follows the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Compounding of Section 357 under BNSS
Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023 lists the Section 357 offence as compoundable by the person with whom the offender has contracted. Compounding must take place in accordance with the statutory BNSS procedure and any applicable requirement of the Court.