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.
Simplified Explanation
This section penalizes individuals who fail to fulfill their obligations under a lawful contract to care for or provide for the needs of a helpless person. Here’s a detailed explanation:
Key Elements of the Offense:
- Existence of a Lawful Contract:
- The accused must be bound by a lawful contract to:
- Attend to the needs of a helpless person, or
- Supply their essential wants (e.g., food, medicine, care).
- The accused must be bound by a lawful contract to:
- Nature of the Helpless Person:
- The person requiring care or support must be helpless due to:
- Youth: For instance, a minor incapable of looking after themselves.
- Unsoundness of Mind: A person suffering from mental incapacity.
- Disease or Bodily Weakness: Temporary or chronic illness or physical frailty that prevents self-care.
- Incapability of Self-Safety or Providing for Own Wants: A general condition where the individual cannot independently meet their basic needs or ensure their safety.
- The person requiring care or support must be helpless due to:
- Voluntary Omission:
- The breach involves a voluntary omission—the failure to act must be deliberate and not accidental.
- This includes intentionally neglecting the agreed responsibilities under the contract.
- Mens Rea (Intent):
- The person must willfully fail to perform their duties, disregarding their contractual obligations to care for the helpless person.
Punishment:
- Imprisonment: Up to three months (either simple or rigorous).
- Fine: Up to ₹5,000.
- Both: In severe cases, the court may impose both penalties.
Purpose of the Provision:
- To safeguard vulnerable individuals from neglect by those who have undertaken a contractual duty to care for them.
- To ensure that individuals who depend on others for their basic needs or safety are not abandoned or left without necessary support.
Illustrations:
- Contractual Breach in Caregiving:
- A caregiver hired to look after an elderly person with a debilitating illness fails to provide regular meals or administer prescribed medication, leading to harm.
- Neglecting Duties Towards a Minor:
- A nanny or guardian, bound by a contract to care for a child, deliberately leaves the child unattended, exposing them to danger.
Comparison with Other Offenses:
- This section focuses specifically on breach of a lawful contract to provide care, distinguishing it from general neglect or abuse.
- It is narrower in scope than provisions dealing with broader neglect or cruelty, as it requires an existing contractual obligation.
Conclusion:
Section 357 reinforces accountability for those who undertake contractual duties to care for helpless individuals. By imposing penalties, it seeks to deter neglect and ensure that vulnerable persons receive the care and support they depend on.
