IPC Section 492 was a provision under the Indian Penal Code, 1860 that dealt with breach of contract to serve at a distant place after a worker or servant had been transported at the employer’s expense. However, this section is no longer in force. It was repealed in 1925 through the Workmen’s Breach of Contract (Repealing) Act, 1925 and has no legal applicability today.
Detailed Explanation
IPC Section 492 was included in Chapter XIX of the Indian Penal Code, which dealt with criminal breach of contracts of service. The purpose of this provision was to address situations where a person agreed to work at a distant location and the employer spent money to transport that person there, but the worker later failed to perform the agreed service.
Over time, this approach came to be viewed as inconsistent with modern labour principles.
As a result, the law was removed and the offence no longer exists under Indian criminal law.
The section was formally repealed by the Workmen’s Breach of Contract (Repealing) Act, 1925. After repeal, a person cannot be prosecuted under IPC Section 492.
Original Subject of IPC Section 492
| Point | Explanation |
|---|---|
| Section | IPC Section 492 |
| Subject | Breach of contract to serve at distant place |
| Chapter | Chapter XIX – Criminal Breach of Contracts of Service |
| Current Status | Repealed |
| Punishment | No longer applicable |
| Applicable Today | No |
Why Was IPC Section 492 Repealed?
Earlier criminal laws sometimes treated certain employment-related breaches as criminal offences.
Modern Indian law generally treats employment disputes as:
- Civil disputes
- Labour law matters
- Contract-related issues
Today, breach of an employment agreement usually does not automatically become a criminal offence unless fraud, cheating, forced labour, or another separate offence is involved.
Practical Example
Suppose an employer paid travel expenses to send a worker to another city for employment, and the worker later refused to continue working.
Under old colonial-era law, such conduct could have attracted IPC Section 492.
Today, this type of dispute is generally handled under labour laws, contract law, or civil remedies rather than criminal prosecution.
Key Points / Important Facts
- IPC Section 492 was part of the Indian Penal Code, 1860.
- It dealt with breach of service contracts in specific employment situations.
- The provision has been repealed since 1925.
- No arrest or punishment can now be made under IPC Section 492.
- Employment disputes today are generally handled under labour and contract laws.
- Readers should verify whether an IPC section is still active before relying on older legal references.
Legal Provision or Section
Act Name: Indian Penal Code, 1860
Section: Section 492 – Breach of contract to serve at distant place to which servant is conveyed at master’s expense
Current Legal Status: Repealed.
Section 492 was removed by the Workmen’s Breach of Contract (Repealing) Act, 1925 and therefore has no operational effect under present Indian criminal law.
Position under Bharatiya Nyaya Sanhita (BNS), 2023
The Indian Penal Code, 1860 has been replaced by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024.
Since IPC Section 492 had already been repealed long before BNS came into force, there is no corresponding replacement provision under BNS for this section.
Conclusion
IPC Section 492 is a historical legal provision and is no longer applicable in India. It originally dealt with breach of service contracts connected to distant employment arrangements, but the law was repealed nearly a century ago. Understanding IPC Section 492 helps readers avoid confusion when reading older legal books or references and highlights how Indian criminal law has evolved over time.
Sources & References
- India Code
- Legislative Department, Government of India
- Ministry of Home Affairs, Government of India
- Bharatiya Nyaya Sanhita, 2023 (India Code)
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Prabh Kalsi provides global legal information and educational content to help readers understand legal concepts, rights, and processes across different countries. With experience in researching legal topics and simplifying complex legal information, he creates easy-to-understand content based on publicly available and trusted sources. This content is intended for informational purposes only.