Section Overview
Section Number:
IPC Section 492
Section Title:
Breach of Contract to Serve at a Distant Place to Which a Person Has Been Conveyed at Another's Expense
Act:
Indian Penal Code, 1860 (IPC)
Status:
Repealed along with the IPC and not specifically reproduced in the Bharatiya Nyaya Sanhita (BNS), 2023.
Applicability:
IPC Section 492 applied when:
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A person entered into a contract of service;
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The employer paid expenses to transport that person to a distant place;
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The person was conveyed to that location relying on the contract;
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The person intentionally breached the agreement without lawful excuse.
The section was designed to discourage dishonest conduct after accepting transportation benefits.
Section Explanation
Simple Explanation (Plain English/Hinglish)
IPC Section 492 ka simple matlab tha ki agar kisi person ne kisi employer ke saath kaam karne ka agreement kiya, employer ne usko door jagah tak pahunchane ke liye kharcha kiya, aur phir woh vyakti jaanbujhkar kaam karne se mana kar de ya contract tod de, to woh offence kar sakta tha.
Simple words mein:
"Employer ke kharche par door jagah jaakar jaanbujhkar service contract todna IPC 492 ke under punishable tha."
Legal Meaning
The section punished:
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Dishonest breach of a service contract;
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Acceptance of travel benefits and subsequent refusal to serve;
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Intentional failure to perform agreed employment obligations.
The offence required more than a simple contractual dispute. There had to be a specific situation involving transportation at another person's expense.
Essential Ingredients
Valid Contract of Service
There must have been:
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An employment agreement;
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A service arrangement;
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A commitment to work at a specific location.
Transportation at Another's Expense
The employer or contracting party must have:
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Paid travel expenses;
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Arranged transportation;
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Conveyed the individual to a distant place.
Arrival at the Destination
The person must have reached the location where services were to be performed.
Intentional Breach
The accused must deliberately refuse or fail to perform the agreed service.
Absence of Lawful Excuse
There must be no valid legal justification for the refusal.
Why IPC Section 492 Was Introduced?
The provision was introduced to:
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Prevent abuse of employment arrangements;
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Protect employers from fraudulent conduct;
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Discourage acceptance of transportation benefits without intention to work;
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Promote fairness in service contracts.
At the time of enactment, long-distance employment arrangements were common, making such protection necessary.
Punishment & Legal Classification
Punishment
IPC Section 492 provided:
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Imprisonment up to 3 months; OR
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Fine up to ₹100; 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 492
BNS Equivalent
No direct equivalent provision has been separately reproduced under the Bharatiya Nyaya Sanhita, 2023.
Status
The specific offence no longer exists in the same form.
Modern employment disputes are generally handled through:
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Contract law;
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Labour laws;
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Civil remedies;
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Employment regulations.
Real-Life Examples
Example 1: Factory Employment
A worker agrees to work in a factory located in another state.
The employer pays travel expenses and transports the worker.
After arriving, the worker intentionally refuses to perform any work without lawful reason.
IPC Section 492 could have applied.
Example 2: Overseas Assignment
A company bears transportation expenses for an employee assigned to a distant location.
The employee reaches the destination but deliberately refuses to fulfill the agreed service.
The conduct could attract liability under Section 492.
Example 3: Agricultural Contract
A labourer accepts transportation paid by a landowner to work at a distant agricultural site.
After arrival, the labourer intentionally abandons the arrangement without lawful excuse.
Section 492 could have become relevant.
Judicial Principles
Although Section 492 generated limited modern litigation, courts generally emphasized:
Genuine Contract Required
The agreement must be real and enforceable.
Intentional Conduct
Mere inability to work was insufficient.
Fraudulent Element
The provision targeted dishonest behavior rather than ordinary contractual disputes.
Legal Insights
When Was Section 492 Applied?
The section became relevant when:
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Transportation expenses were incurred;
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The employee accepted those benefits;
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Service was intentionally refused afterward.
Common Misuse Scenarios
Employment Disputes
Ordinary labour disagreements should not automatically become criminal cases.
Health Issues
Illness or incapacity may provide lawful justification.
Unsafe Working Conditions
Refusal based on unlawful or dangerous conditions could be a defense.
Invalid Contracts
No offence arises if the underlying contract is invalid.
Defenses Available
Lawful Excuse
The accused had a valid reason for non-performance.
No Intentional Breach
The failure was accidental or unavoidable.
Invalid Agreement
No legally enforceable contract existed.
Employer Misconduct
The employer breached obligations first.