Section 357: Whoever, being bound by a lawful contract to attend on or to supply the wants
Section 357: Whoever, Being Bound by a Lawful Contract to Attend On or to Supply the Wants
Introduction
Contracts form the backbone of every legal and business relationship. When one person agrees to perform certain duties for another, the law expects them to honor that agreement. In India, the Indian Penal Code (IPC) outlines several provisions that penalize those who neglect lawful obligations. One such provision is Section 357 IPC, which addresses cases where a person bound by a lawful contract fails to attend to or supply the wants of another.
In this article, we’ll explain Section 357 IPC in simple language, discuss its legal implications, examples, punishment, and differences from related sections, and offer practical insights into how it applies in real life.
What Is Section 357 IPC?
Text of the Law
Section 357 of the Indian Penal Code states:
“Whoever, being bound by a lawful contract to attend on or to supply the wants of any person whom, by reason of tender years, sickness, or insanity, he is bound to attend on or to supply the wants of, intentionally omits so to do, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.”
Plain Meaning
In simple words, Section 357 IPC makes it an offense if a person—who is legally required under a contract to take care of or provide necessities for another person—fails to do so intentionally.
This law is primarily aimed at protecting vulnerable individuals, such as:
- Children (tender years)
- Sick persons
- Persons of unsound mind
Key Ingredients of Section 357
For a person to be held liable under Section 357, the following elements must be proven:
| Element | Explanation |
|---|---|
| 1. Lawful Contract | There must be a valid and lawful contract between the two parties. |
| 2. Duty to Attend or Supply Wants | The accused must be bound to attend to or supply the needs (food, medicine, care, etc.) of the other person. |
| 3. Vulnerability of the Victim | The person neglected must be a child, sick, or of unsound mind. |
| 4. Intentional Omission | The omission must be deliberate or willful, not accidental. |
| 5. Consequence | The omission should result in deprivation or harm to the person entitled to care. |
Each of these components must exist simultaneously for Section 357 to apply.
Examples to Understand Section 357 IPC
Let’s consider some simple scenarios to understand how Section 357 may apply in real life:
Example 1: Neglect by a Caregiver
A nurse contracted to attend to a bedridden elderly person deliberately leaves them unattended for hours, knowing it could endanger their health.
➡️ This is punishable under Section 357 IPC.
Example 2: Failure to Provide Food
A servant bound by contract to supply meals to a sick person intentionally withholds food.
➡️ Such intentional neglect is a criminal offense.
Example 3: Accident or Unintentional Omission
If the caregiver forgets to provide medication due to a genuine mistake and not intent, it may not attract Section 357.
➡️ Intent is key in determining liability.
Punishment Under Section 357 IPC
| Nature of Offense | Punishment |
|---|---|
| Type | Bailable, Non-Cognizable, Compoundable |
| Imprisonment | Up to 3 months |
| Fine | As decided by the court |
| Trial | Can be tried by any Magistrate |
The punishment under this section is relatively mild, but its moral and legal implications are significant, as it deals with human neglect and contractual responsibility.
Understanding the Concept of “Lawful Contract”
The phrase “being bound by a lawful contract” is crucial here. It means:
- The contract must be legally enforceable under the Indian Contract Act, 1872.
- The person must have voluntarily agreed to perform specific duties.
- The duties must be lawful, not contrary to public policy.
For instance:
- A contract between a hospital and a nurse to attend to a patient is lawful.
- A contract between two individuals for illegal activities (like hiding a person) would not be lawful, and hence Section 357 wouldn’t apply.
“Attend On” and “Supply the Wants” — Explained
Attend On
To attend on someone means to look after or take care of their personal or medical needs.
Examples include:
- Providing medical assistance
- Helping with daily routines
- Offering physical support
Supply the Wants
To supply the wants means to provide necessary items for survival or health, such as:
- Food
- Clothing
- Shelter
- Medicine
Neglecting these responsibilities intentionally—especially when the dependent cannot care for themselves—invokes criminal liability.
Intention and Mens Rea
Like most criminal provisions, intention (mens rea) is a critical factor under Section 357.
It is not enough that a person failed to perform their duty—the failure must be intentional.
For example:
- If a caregiver is delayed due to circumstances beyond control, no offense is committed.
- But if they deliberately avoid performing duties despite being able to, the offense is complete.
Difference Between Section 357 and Related Provisions
| Section | Subject Matter | Key Difference |
|---|---|---|
| Section 357 | Failure to attend on or supply wants of vulnerable persons under a lawful contract | Applies to contractual duties involving care and necessity |
| Section 317 | Exposure and abandonment of a child | Applies to parents or guardians abandoning a child |
| Section 338 | Causing grievous hurt by act endangering life | Deals with causing injury, not omission |
| Section 304A | Causing death by negligence | Applies to negligent acts, not contractual omissions |
Thus, Section 357 focuses specifically on intentional neglect in contractual care relationships.
Legal Precedents and Case References
While Section 357 IPC is less frequently invoked, Indian courts have emphasized the duty of care arising from lawful contracts. Cases involving nurses, attendants, and caregivers often serve as reference points.
For example:
- In cases where hospital staff have failed to attend to patients under contract, civil and criminal liability may both arise.
- Courts consider evidence of intent, contractual obligation, and degree of harm caused while determining guilt.
Practical Importance of Section 357
Section 357 IPC serves several social and legal purposes:
- Protection of Vulnerable Persons
It safeguards individuals unable to care for themselves—children, sick persons, and those of unsound mind. - Accountability in Service Contracts
It enforces responsibility among professionals like nurses, attendants, and caregivers who are entrusted with human welfare. - Moral Responsibility and Public Policy
Beyond legal punishment, it reinforces the idea that neglecting human needs is morally wrong and socially harmful.
How to Avoid Liability Under Section 357
To stay compliant with the law, individuals and institutions should follow these best practices:
For Employers
- Ensure clear, written contracts outlining duties.
- Verify qualifications and intent of caregivers.
- Monitor compliance with care standards regularly.
For Employees / Caregivers
- Always perform duties faithfully.
- Report any inability or emergency immediately.
- Keep records of attendance and actions for accountability.
For Families or Guardians
- Select caregivers through reliable channels.
- Maintain supervision and communication.
- Address complaints or neglect signs promptly.
Common Misconceptions About Section 357 IPC
| Myth | Reality |
|---|---|
| It applies only to medical professionals. | False. It applies to anyone under a lawful contract to care for or supply wants. |
| Negligence without intention is punishable. | False. Only intentional omission attracts Section 357. |
| The offense is non-bailable. | False. It is a bailable and compoundable offense. |
Conclusion
Section 357 IPC might seem like a minor provision with light punishment, but its essence carries immense moral weight. It embodies society’s duty to protect the helpless and ensures that contracts involving human care are treated with seriousness.
Whether you’re an employer, caregiver, or family member, understanding Section 357 IPC helps uphold ethical conduct, legal compliance, and compassion in all contractual relationships.