BNS Section 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 mental illness, 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.

Section 357, BNS
 

1. Purpose of the Law

Section 357 was introduced to the Bharatiya Nyaya Sanhita (“BNS”) to prevent the breach of a contract, under which a person is legally bound to care for the needs of a helpless person who is unable to care for himself/herself. This inability may be caused due to youth, or due to some mental or physical illness. Section 357 makes the breach of such contract a punishable offence.

2. Penalties for Non-Compliance

Section 357 of the BNS provides the punishment of imprisonment up to three months or fine up to INR 5,000/- (Rupees Five Thousand Only) or both.

3. Significance

Section 357 of the BNS recognises the necessity to protect the interests and needs of persons who are helpless due to some illness or disability, and hold their caregivers accountable for their well-being.

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