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Introduction of 357 BNS

357 BNS deals with the failure to fulfill a lawful obligation to care for or supply the needs of helpless individuals. This includes persons who are incapable of taking care of themselves due to reasons like youth, mental illness, physical weakness, or disease. The section ensures accountability for those legally entrusted with the care of such individuals, protecting their dignity and well-being.


The Bharatiya Nyaya Sanhita (BNS) Section 357 replaces the old Indian Penal Code (IPC) Section 491.



What is BNS Section 357 ?

BNS Section 357 deals with the breach of a lawful contract where a person is bound to care for or provide for someone who is helpless due to reasons like youth, mental illness, disease, or physical weakness. If such a duty is neglected, it becomes an offense punishable by law.


BNS 357 emphasizes accountability for failing to care for helpless individuals.
BNS 357 addresses the failure to care for helpless individuals and ensures accountability.

BNS 357 in Simple Points

1. Duty to Care for Helpless Individuals

  • BNS Section 357 applies to people legally obligated by a contract to care for others who cannot care for themselves.
  • This includes individuals who are helpless due to youth, mental illness, physical weakness, or disease.
  • Example: A caregiver contracted to look after an elderly person with a severe disability must ensure their basic needs are met, like food, medicine, and hygiene.

2. Breach of Duty is Punishable

  • If someone neglects their duty to care for a helpless person, they are committing an offense under this section.
  • This neglect can involve failing to provide food, medical care, or safety to someone in their care.
  • Example: A nurse hired to care for a bedridden patient ignores their medical requirements, putting the patient’s health at risk.

3. Punishment for Breach

The punishment for this offense includes:

  • Imprisonment: Up to three months.
  • Fine: Up to ₹5,000.
  • Both: Depending on the court’s decision, both penalties may apply.
  • The punishment ensures accountability for caregivers who neglect their legal responsibilities.

4. Bailable and Non-Cognizable Offense

  • The offense under BNS Section 357 is:
    • Bailable: The accused can seek bail during the trial.
    • Non-Cognizable: Police cannot arrest the accused without prior approval from the court.

5. Triable by Any Magistrate

  • Cases under BNS Section 357 can be tried by any Magistrate.
  • This ensures that the cases are handled swiftly and by the appropriate legal authority.

Section 357 BNS Overview

Under BNS Section 357, any person bound by a lawful contract to care for or provide for a helpless individual who, due to age, illness, or disability, cannot care for themselves, and who willfully neglects this duty, is committing an offense punishable under this law.

Key Points with Detailed Explanations

  1. Obligation Under Lawful Contract
    • The section applies to those who are legally bound by a contract to provide care or fulfill the needs of a helpless person.
    • For example, a caregiver or nurse hired to attend to an elderly person must fulfill their duties.
    • This responsibility is enforceable by law, ensuring the safety and well-being of those who cannot care for themselves.
    • Failure to fulfill this obligation is considered a breach of trust and is punishable.
  2. Definition of a Helpless Person
    • A helpless person includes individuals who are:
      • Young (e.g., children who cannot fend for themselves).
      • Mentally ill or suffering from unsoundness of mind.
      • Physically weak or suffering from a debilitating disease.
    • The law protects those who cannot ensure their own safety or meet their basic needs.
  3. Acts Considered as Neglect
    • Voluntary omission to provide care or fulfill needs as agreed in the contract is considered neglect.
    • For instance, a nurse neglecting a bedridden patient’s health needs breaches this section.
    • The law sees this as both a moral and legal failure to uphold the contract.
  4. Punishment for the Offense
    • The punishment includes:
      • Imprisonment of up to three months, or
      • Fine of up to ₹5,000, or
      • Both imprisonment and fine.
    • This ensures accountability for individuals tasked with caring for vulnerable people.
  5. Bailable and Non-Cognizable Offense
    • The offense under this section is bailable, meaning the accused can secure bail.
    • It is also non-cognizable, which means the police cannot arrest the accused without a magistrate’s permission.
    • This classification emphasizes the civil nature of the breach.
  6. Non-Compoundable Nature
    • The offense is non-compoundable, meaning it cannot be settled or withdrawn through mutual agreement between the parties.
    • This ensures that justice is served and the helpless person’s rights are protected.
  7. Trial by Magistrate
    • Cases under this section are triable by any magistrate.
    • This allows accessibility to justice and ensures that such cases are resolved quickly.
    • Magistrates have the authority to impose imprisonment, fines, or both as punishment.
  8. Moral Responsibility of Caregivers
    • Beyond legal obligations, this section highlights the moral duty to care for those unable to fend for themselves.
    • The law safeguards vulnerable groups by holding caregivers accountable.
    • This principle upholds societal values of compassion and responsibility.
  9. Examples of Breach
    • A teacher neglecting the care of a mentally challenged student they are hired to assist.
    • A caretaker failing to provide food and medicine to a bedridden patient under their care.
    • Such breaches, if proven, attract penalties under this section.
  10. Protection for Helpless Individuals
    • The primary aim of this section is to protect the rights of individuals who depend on others.
    • It ensures that caregivers fulfill their obligations, maintaining the dignity and well-being of helpless individuals.
    • This protection extends to children, the elderly, and individuals with disabilities or illnesses.

Two Examples of BNS Section 357

  1. Neglect by a Caregiver:
    • A nurse hired to take care of an elderly patient with physical disabilities fails to provide prescribed medications or proper meals, leaving the patient in a vulnerable state. This breach of duty falls under BNS Section 357.
  2. Failure to Assist a Mentally Ill Individual:
    • A guardian legally responsible for a mentally ill person’s care ignores their basic needs, such as hygiene and food, resulting in harm or distress. This neglect is punishable under this section.

BNS 357 Punishment

Imprisonment: Up to three months.

Fine: Up to ₹5,000.Both: The court may impose both imprisonment and a fine based on the severity of the breach.


BNS 357 punishment includes up to three months imprisonment and a fine of ₹5,000.
BNS 357 imposes penalties for neglecting care of helpless individuals.

BNS 357 bailable or not ?

Bailable: The offense under BNS Section 357 is bailable, meaning the accused has the right to seek bail and secure release during the trial.


Bharatiya Nyaya Sanhita Section 357

BNS SectionOffensePunishmentBailable/Non-BailableCognizable/Non-CognizableTrial By
357Breach of lawful contract to care for helpless individuals due to youth, illness, or disabilityImprisonment up to 3 months, ₹5,000 fine, or bothBailableNon-CognizableAny Magistrate

BNS Section 357 FAQs

1. What is the primary objective of BNS Section 357?

2. Who is considered a helpless person under this BNS Section 357?

3. What is the punishment for breaching this BNS 357?

The punishment can be imprisonment for up to three months, a fine of ₹5,000, or both, depending on the severity of the breach.

4. BNS 357 is the offense bailable?

5. Can the BNS 357 offense be settled between the parties?


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