Section Overview
Section Number:
IPC Section 490
Section Title:
Breach of Contract to Attend on and Supply Wants of Helpless Person
Act:
Indian Penal Code, 1860 (IPC)
Status:
The IPC has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023. Similar principles relating to protection of vulnerable and dependent persons continue through other legal provisions.
Applicability:
IPC Section 490 applies when:
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A person enters into a lawful contract or undertaking;
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The contract requires care, attendance, or supply of necessities;
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The beneficiary is helpless due to age, illness, mental condition, disability, or dependency;
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The caretaker intentionally breaches the obligation;
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The breach exposes the helpless person to suffering, neglect, or danger.
👉 The focus is on intentional neglect of a dependent person after accepting responsibility.
Section Explanation
Simple Explanation (Plain English/Hinglish)
IPC Section 490 ka simple matlab hai ki agar kisi vyakti ne kisi helpless person ki dekhbhal karne ki zimmedari li hai aur phir jaanbujhkar uski basic zarooraton ko poora nahi karta, to woh offence karta hai.
Simple words mein:
"Jis helpless person ki dekhbhal ki zimmedari li ho, usko jaanbujhkar neglect karna IPC 490 ke under punishable hai."
Legal Meaning
The section punishes:
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Intentional breach of caregiving obligations;
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Failure to provide food, shelter, medicine, or attendance;
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Neglect of dependent individuals;
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Conduct endangering helpless persons.
Essential Ingredients
Existence of a Contract or Undertaking
The accused must have accepted responsibility through:
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Employment;
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Service contract;
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Care arrangement;
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Legal undertaking.
Helpless Person
The victim must be unable to care for themselves due to:
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Old age;
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Illness;
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Disability;
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Mental incapacity;
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Other dependency.
Duty to Provide Necessities
The accused must be responsible for:
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Food;
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Medical care;
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Shelter;
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Personal attendance;
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Other essential needs.
Intentional Breach
The failure must be deliberate rather than accidental.
Why IPC Section 490 Is Important
This section:
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Protects vulnerable persons;
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Prevents abandonment and neglect;
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Encourages accountability of caregivers;
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Supports human dignity and welfare;
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Penalizes exploitation of dependency.
Types of Conduct Covered
Failure to Provide Food
Refusing to supply necessary nutrition.
Denial of Medical Care
Ignoring required treatment despite responsibility.
Abandonment
Leaving a dependent person unattended.
Refusal of Basic Care
Neglecting agreed caregiving duties.
Punishment & Legal Classification
Punishment
IPC Section 490 provides:
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Imprisonment up to 3 months; OR
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Fine up to ₹200; OR
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Both.
Bailable / Non-Bailable
✔ Bailable
Cognizable / Non-Cognizable
❌ Non-Cognizable
Compoundable
✔ Generally Compoundable
Triable By
Any Magistrate
IPC ↔ BNS Mapping
IPC Section
IPC Section 490
BNS Equivalent
The exact provision is not reproduced in identical language, but protection of vulnerable persons continues through:
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Offences affecting life and safety;
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Neglect-related liabilities;
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Welfare legislation and special statutes.
Status
Specific IPC provision repealed along with IPC; underlying protective principles continue.
Real-Life Examples
Example 1: Elderly Care Neglect
A paid caregiver deliberately stops providing food and medicine to an elderly person despite contractual responsibility.
Section 490 may apply.
Example 2: Disabled Person Abandonment
A caretaker abandons a disabled individual despite being hired to provide assistance.
IPC Section 490 is attracted.
Example 3: Nursing Attendant Refusal
A contracted attendant intentionally refuses necessary care to a bedridden patient.
Section 490 may apply.
Example 4: Helpless Child Care Breach
A person responsible for attending a dependent child deliberately neglects essential needs.
The offence may arise under IPC Section 490.
Landmark Judicial Principles
Although IPC Section 490 generated relatively limited direct litigation, courts have consistently emphasized:
Protection of Vulnerable Persons
The law imposes special responsibilities on those who undertake caregiving duties.
Duty of Care
Accepted obligations must be performed honestly and responsibly.
Human Dignity
Neglect of helpless persons may violate fundamental legal and constitutional values.
Legal Insights
When Is Section 490 Applied?
The provision is generally invoked when:
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A helpless person depends on another;
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Responsibility has been accepted;
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Essential needs are intentionally ignored;
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Harm or risk results from neglect.
Common Misuse Scenarios
No Contract Exists
No legally accepted duty can be established.
Accidental Failure
Temporary inability rather than deliberate neglect.
Medical Emergency
Circumstances beyond the accused's control.
False Allegations
Disputes between family members or caretakers.
Defenses Available
No Intentional Neglect
The breach was not deliberate.
No Legal Duty
No valid contract or undertaking existed.
Impossibility of Performance
Performance became impossible due to circumstances.
Reasonable Care Provided
Necessary assistance was actually given.