Section Overview
Section Number:
IPC Section 491
Section Title:
Breach of Contract to Attend on and Supply Wants of Person Confined
Act:
Indian Penal Code, 1860 (IPC)
Status:
The IPC has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023. Similar principles continue through prison laws, custodial protections, and provisions safeguarding persons in detention.
Applicability:
IPC Section 491 applies when:
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A person undertakes responsibility for a confined person;
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The duty includes supplying food, care, attendance, medicine, or necessities;
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The confined person depends on such care;
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The caretaker intentionally breaches that obligation;
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The breach causes suffering, deprivation, or danger.
👉 The provision protects persons who cannot independently secure their own needs because of confinement.
Section Explanation
Simple Explanation (Plain English/Hinglish)
IPC Section 491 ka simple matlab hai ki agar kisi vyakti ne jail, detention ya kisi lawful confinement mein rakhe gaye person ki dekhbhal ki zimmedari li hai aur phir jaanbujhkar uski basic needs poori nahi karta, to woh offence karta hai.
Simple words mein:
"Confined person ki zimmedari lekar usko jaanbujhkar neglect karna IPC 491 ke under punishable hai."
Legal Meaning
Section 491 punishes:
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Intentional neglect of confined persons;
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Failure to provide necessities after accepting responsibility;
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Breach of caregiving duties in custodial settings;
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Conduct causing hardship to persons unable to care for themselves.
Essential Ingredients
Lawful Confinement
The person must be:
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In prison;
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In lawful detention;
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In institutional confinement;
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Under lawful custody.
Undertaking of Responsibility
The accused must have accepted responsibility through:
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Contract;
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Employment;
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Official duty;
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Custodial arrangement.
Duty to Provide Necessities
This may include:
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Food;
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Water;
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Shelter;
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Medical care;
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Attendance;
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Essential supplies.
Intentional Breach
The failure must be deliberate and not merely accidental.
Why IPC Section 491 Is Important
This section:
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Protects confined individuals from neglect;
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Promotes humane treatment in custody;
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Ensures accountability of caretakers;
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Prevents abuse of vulnerable detainees;
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Supports custodial welfare.
Types of Conduct Covered
Denial of Food
Failure to provide necessary nutrition.
Refusal of Medical Treatment
Ignoring essential healthcare needs.
Neglect of Prisoners
Failure to perform accepted duties toward confined persons.
Deprivation of Necessities
Withholding items necessary for survival or welfare.
Punishment & Legal Classification
Punishment
IPC Section 491 provides:
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Imprisonment up to 6 months; OR
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Fine up to ₹1,000; 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 491
BNS Equivalent
The exact wording is not reproduced, but similar principles continue through:
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Custodial welfare provisions;
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Prison administration laws;
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Human rights protections;
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Duties of persons responsible for detainees.
Status
Specific IPC provision repealed with IPC; underlying principles continue.
Real-Life Examples
Example 1: Prison Care Neglect
A contracted caretaker intentionally withholds food from a prisoner under his responsibility.
Section 491 may apply.
Example 2: Medical Neglect in Custody
A person responsible for a confined patient deliberately refuses necessary medication.
IPC Section 491 is attracted.
Example 3: Detention Facility Neglect
An attendant knowingly ignores the essential needs of a lawfully detained individual.
Section 491 may apply.
Example 4: Institutional Care Failure
A caretaker responsible for confined residents intentionally fails to provide basic necessities.
The offence may arise under IPC Section 491.
Judicial Principles
Although IPC Section 491 was rarely litigated independently, courts have consistently emphasized:
Human Dignity of Prisoners
Confined persons retain basic human rights.
Duty of Care
Accepted responsibilities must be discharged properly.
Custodial Accountability
Neglect by responsible persons may attract criminal liability.
Legal Insights
When Is Section 491 Applied?
The section is generally invoked when:
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A confined person depends on another;
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Care responsibilities have been accepted;
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Basic needs are intentionally ignored;
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Harm or suffering results.
Common Misuse Scenarios
No Accepted Responsibility
No legal duty can be established.
Accidental Failure
The breach was not intentional.
Resource Constraints
Failure occurred due to circumstances beyond control.
False Allegations
Personal disputes resulting in unfounded complaints.
Defenses Available
No Intentional Neglect
The omission was not deliberate.
No Legal Duty
No responsibility existed.
Reasonable Care Provided
Necessary assistance was actually supplied.
Impossibility of Performance
External circumstances prevented performance.