IPC Section 491: Breach of contract to attend on and supply wants of helpless person

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 two hundred rupees, or with both.

IPC Section 491: Simplified Explanation

IPC Section 491 pertains to “Continued wrongful confinement.” This section is invoked when a person is wrongfully confined beyond the period for which the confinement was initially ordered or intended by the person who ordered or caused the confinement. It addresses situations where the duration of wrongful confinement is extended without legal justification. 

Is IPC Section 491 bailable? 

IPC Section 491 is non-bailable. This means that the bail decision for an accused person under this section is at the court’s discretion, not a matter of right. 

IPC Section 491 Punishment 

The punishment for an offence under IPC Section 491 is imprisonment for a term extending to three years, with a fine or with both. This reflects the seriousness of the offence, particularly considering the infringement on personal liberty and autonomy. 

Example of IPC Section 491 

A real-life example of IPC Section 491 could involve an individual being held captive beyond the agreed period. For instance, if a person was detained by a private party or even by law enforcement under a misunderstanding or misinformation and the confinement continues even after clarification of the situation, that could lead to charges under Section 491. 

However, specific real-life cases involving Section 491 are not commonly reported in public media due to the overlap with other offences, such as kidnapping or illegal detention, making detailed examples less frequent.

Leave a Comment

Your email address will not be published. Required fields are marked *