IPC Section 490 originally dealt with breach of contract of service during a voyage or journey under the Indian Penal Code, 1860. However, this section was repealed in 1925 through the Workmen’s Breach of Contract (Repealing) Act, 1925. As a result, IPC Section 490 is no longer a valid criminal provision in India and does not create any offence or punishment today.
Detailed Explanation
IPC Section 490 formed part of Chapter XIX of the Indian Penal Code, 1860, which covered criminal breach of contracts of service. The section related to situations where a person engaged for service during a voyage or journey failed to perform contractual obligations.
Over time, Indian law moved away from treating employment-related contract breaches as criminal matters. Labour disputes and service-related disagreements gradually became matters of civil law and labour regulation rather than criminal prosecution.
Because of this legal change, IPC Section 490 was officially repealed by the Workmen’s Breach of Contract (Repealing) Act, 1925 and stopped having legal effect.
This means a person cannot be arrested, prosecuted, or punished under IPC Section 490 today.
Understanding IPC Section 490 at a Glance
| Point | Explanation |
|---|---|
| Section | IPC Section 490 |
| Subject | Breach of contract of service during voyage or journey |
| Chapter | Chapter XIX – Criminal Breach of Contracts of Service |
| Current Status | Repealed |
| Repealed By | Workmen’s Breach of Contract (Repealing) Act, 1925 |
| Punishment Today | No punishment because section no longer exists |
Why Was IPC Section 490 Removed?
Historically, certain employment obligations were treated as criminal issues.
Modern Indian law follows a different approach:
- Employment disputes are usually handled under labour laws.
- Contract violations are generally civil matters.
- Criminal liability is applied only where specific criminal conduct exists.
For example, if an employee leaves work before completing agreed service, that situation normally becomes a contractual or labour dispute and not an IPC Section 490 issue.
A breach of employment terms does not automatically become a criminal offence.
Key Points / Important Facts
- IPC Section 490 has been repealed and is not enforceable.
- It earlier dealt with breach of service contracts during voyages or journeys.
- No criminal case can be registered under this section today.
- Repeal happened through the Workmen’s Breach of Contract (Repealing) Act, 1925.
- Employment disputes are generally governed by labour laws and contract law.
- There is no imprisonment or fine under IPC Section 490 in present Indian law.
- The provision also does not appear in the current criminal code framework.
Legal Provision or Section
Act Name: Indian Penal Code, 1860
Section: Section 490 – Breach of contract of service during voyage or journey
Current Legal Status:
Section 490 was repealed in 1925 and ceased to operate as criminal law.
Current Position Under BNS:
The Indian Penal Code, 1860 has been replaced by the Bharatiya Nyaya Sanhita, 2023 with effect from 1 July 2024. There is no equivalent provision corresponding to repealed IPC Section 490 under the new criminal law framework.
Conclusion
IPC Section 490 is a historical provision and no longer applies in India. It originally covered breach of contract of service during a voyage or journey, but lawmakers removed it long ago as employment and contractual disputes shifted outside criminal law. Understanding IPC Section 490 helps readers avoid confusion when reading old legal books, judgments, or outdated legal references.
Sources & References
- India Code – Bharatiya Nyaya Sanhita, 2023
- India Code – Indian Penal Code Archive
- Legislative Department, Government of India
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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.