Verified 2025 — BNS Bare Act

IPC 491 → BNS 353: Breach of Contract (Helpless)

IPC Section 491 (Breach of Contract (Helpless)) under the old Indian Penal Code 1860 is now covered under Section 353 of the new Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

Old Law — IPC 1860

491

Breach of Contract (Helpless)

Breach of contract to attend on and supply wants of helpless person

New Law — BNS 2023

353

Breach of Contract (Helpless)

Punishment / Liability

Same - Up to 3 months

Key Change / Note

No major change

Facing a case under BNS 353?

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Quick Summary: IPC 491 vs BNS 353

The Bharatiya Nyaya Sanhita (BNS) 2023, which came into force on 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. Under the new criminal law framework, IPC Section 491 (Breach of Contract (Helpless)) is now mapped to BNS Section 353.

What did IPC 491 cover?

IPC 491 dealt with breach of contract (helpless) — breach of contract to attend on and supply wants of helpless person. Until 30 June 2024, every FIR and criminal trial relating to this offence in India was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 353: What changed in the new law?

No major change. From 1 July 2024, all new criminal complaints relating to breach of contract (helpless) are filed under BNS Section 353. Cases registered before 1 July 2024 will, however, continue to be tried under the old IPC provisions as per the saving clause of the BNS.

Punishment under BNS 353

Same - Up to 3 months

Practical implications for advocates, police & citizens

Advocates: While drafting bail applications, vakalatnamas and written statements for offences registered after 1 July 2024, cite BNS 353 instead of IPC 491.
Police officers: Use BNS 353 as the substantive offence in new FIRs; procedure is governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS).
Law students & citizens: For competitive exams, judicial services and general awareness, remember the IPC 491 ↔ BNS 353 mapping.

Frequently Asked Questions

What is the BNS equivalent of IPC Section 491?

IPC Section 491 (Breach of Contract (Helpless)) is now covered under Section 353 of the Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

What is the punishment under BNS 353?

Same - Up to 3 months

What is the key difference between IPC 491 and BNS 353?

No major change

Is IPC 491 still valid in India?

No. The Indian Penal Code 1860 has been repealed and replaced by the Bharatiya Nyaya Sanhita (BNS) 2023 with effect from 1 July 2024. All ongoing cases under IPC continue, but new FIRs are registered under BNS.