Section 491 of the Indian Penal Code deals with breaches of contract to attend on and supply wants of a helpless person. It lays down that 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 which may extend to three months, or with fine up to Rs. 200, or with both.
There is the legal obligation towards the incapable person undertaken by a person the breach of which is made punishable. Ordinary servants, however, do not come within the purview of this section.
Thus a cook is not liable if he leaves the service without warning or permission whilst the master’s wife is ill and unable to supply her wants even though that may result in aggravating the illness of the master’s wife. In similar circumstances, it has been held that the cook is engaged only as an ordinary cook to a family, and is not bound to attend on or to supply the wants of any helpless person.
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ADVERTISEMENTS:
The authors of the Code observe that in general a mere breach of contract ought not to be an offence, but only to be the subject of the civil action. To this general rule there are, however, some exceptions. Some breaches of contract are very likely to cause evil, misery and distress such as no damages or only very high damages can repair, and are also very likely to be committed by persons from whom it is exceedingly improbable that any damages can be obtained.
Such breaches of contract are, they conceive, proper subject for penal legislation. Persons who contract to take care of infants, of the sick and of the helpless, lay themselves under an obligation of a very peculiar kind, and may with property be punished if they omit to discharge their duty.