संSamvidhan
Practice paper — IPC Chapter 19 — The Criminal Breach Contracts Service
9 questions · answer key at the end · no time limit
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1.What does the text state about Section 490 of the Indian Penal Code, 1860?
- (A) Section 490 was repealed.
- (B) Section 490 was amended.
- (C) Section 490 is newly enacted.
- (D) Section 490 remains in force without change.
2.Which Act and year are cited as repealing Section 490 of the IPC according to the text?
- (A) Workmen’s Breach of Contract Act, 1925 (3 of 1925), S. 2 and Sch.
- (B) Workmen’s Breach of Contract (Repealing) Act, 1925 (3 of 1925), S. 2 and Sch.
- (C) Trade Disputes Act, 1925 (3 of 1925), S. 2 and Sch.
- (D) Indian Penal Code (Repealing) Act, 1925 (3 of 1925), S. 2 and Sch.
3.Under Section 491 IPC, who can be punished for breach of contract to attend on or supply the wants of a helpless person?
- (A) Any person who neglects a helpless person, whether or not bound by a contract
- (B) Whoever, being bound by a lawful contract to attend on or supply the wants of a helpless person, voluntarily omits to do so
- (C) Only a legal guardian appointed by a court
- (D) Only a blood relative of the helpless person
4.What is the maximum prescribed punishment under Section 491 IPC for such breach?
- (A) Imprisonment of either description for a term which may extend to three months, or fine which may extend to two hundred rupees, or both
- (B) Imprisonment for up to six months only
- (C) Fine which may extend to two hundred rupees only
- (D) Imprisonment for up to one year or fine up to two hundred rupees, or both
5.Does Section 491 IPC apply when the person was bound by an unlawful contract and omitted performance?
- (A) Yes, it applies to omissions under any contract, lawful or unlawful
- (B) Yes, but only if the parties later ratify the contract
- (C) No, it applies only where the person is bound by a lawful contract
- (D) Only if the contract is reduced to writing
6.Would Section 491 apply if the contracted-for person is fully capable of providing for his own safety and wants?
- (A) Yes — the existence of a contract is sufficient regardless of the person's capacity
- (B) Yes — if the contract specifically mentions providing assistance
- (C) No — the section applies only when the person is helpless by reason of youth, unsoundness of mind, disease or bodily weakness
- (D) No — the section requires that the person be helpless or incapable of providing for his own safety or supplying his wants
7.Which type of omission is required by Section 491 IPC to attract punishment?
- (A) A deliberate or voluntary omission to perform the contractual duty
- (B) An omission caused by an unavoidable accident or external compulsion
- (C) An omission resulting solely from forgetfulness or accidental oversight
- (D) Any omission, whether voluntary or involuntary
8.What is the subject matter of Section 492 of the Indian Penal Code, 1860 as indicated by its title?
- (A) Criminal assault by a servant against a master
- (B) Breach of contract by a servant to serve at a distant place to which he is conveyed by his master
- (C) An employer's tortious act causing a servant's injury
- (D) Desertion of a master by a servant without notice
9.What does the provision text state about the legal status of Section 492?
- (A) It remains in force under the Indian Penal Code, 1860
- (B) It was amended by the Workmen’s Breach of Contract (Repealing) Act, 1925
- (C) It was repealed by the Workmen’s Breach of Contract (Repealing) Act, 1925 (3 of 1925), S. 2 and Sch.
- (D) It was repealed by the Indian Penal Code (Amendment) Act, 1925
Answer key
1. A2. B3. B4. A5. C6. D7. A8. B9. C
Explanations
- 1. (A) The provision text begins with 'Repealed by...' indicating that Section 490 was repealed. The text explicitly records repeal rather than amendment or continued force.
- 2. (B) The text explicitly names the Workmen’s Breach of Contract (Repealing) Act, 1925 (3 of 1925), and cites 'S. 2 and Sch.' as the repealing provision. This identifies the precise repealing Act and year.
- 3. (B) The provision applies to "whoever, being bound by a lawful contract to attend on or to supply the wants of any person ... voluntarily omits so to do." Thus liability arises only where there is a lawful contractual duty and a voluntary omission to perform it.
- 4. (A) Section 491 prescribes punishment of "imprisonment of either description for a term which may extend to three months, or with fine which may extend to two hundred rupees, or with both." This gives the exact maximum terms stated.
- 5. (C) The section expressly refers to being "bound by a lawful contract." Therefore omissions under unlawful contracts are outside the scope of Section 491.
- 6. (D) Section 491 applies where the person is "helpless or incapable of providing for his own safety or of supplying his own wants" by reason of youth, unsoundness of mind, disease or bodily weakness. If the person is fully capable, the provision does not apply.
- 7. (A) The section requires that the person "voluntarily omits so to do." Thus liability attaches to a voluntary or deliberate omission, not to omissions caused by unavoidable external events.
- 8. (B) The section title reads 'Breach of contract to serve at distant place to which servant is conveyed at master,' indicating it dealt with a servant's breach of contract to serve at a distant place to which he was conveyed by his master.
- 9. (C) The text explicitly states: 'Repealed by the Workmen’s Breach of Contract (Repealing) Act, 1925 (3 of 1925), S. 2 and Sch.' Therefore Section 492 was repealed by that Act.