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    Question

    Dr. M enters into a written contract with Mr. N to

    provide full-time medical care and nursing assistance to N's elderly mother, Mrs. O, who suffers from advanced Alzheimer's disease and is completely bedridden and dependent. The contract explicitly specifies that Dr. M shall reside at Mrs. O's residence and provide continuous care. After six months, Dr. M suddenly abandons the position without providing notice or replacement care, leaving Mrs. O unattended for 36 hours until family discovered the abandonment. Mrs. O suffered falls and injury during this period. Which of the following correctly applies Section 357 of the BNS?
    A Dr. M is liable under Section 357 only if Mrs. O suffered serious bodily injury; minor injuries do not trigger liability for breach of contract to attend on helpless persons Correct Answer Incorrect Answer
    B Dr. M is liable under Section 357 because he was bound by a lawful contract to attend on Mrs. O who is helpless due to mental illness and bodily weakness, and he voluntarily omitted to do so Correct Answer Incorrect Answer
    C Dr. M is not liable under Section 357 because medical professionals are statutorily exempt from care obligations unless they hold a specific license under the Medical Practitioners Act Correct Answer Incorrect Answer
    D Dr. M's liability under Section 357 depends on whether Mrs. O's family can prove they would have suffered greater harm had Dr. M continued care, establishing comparative negligence Correct Answer Incorrect Answer
    E Dr. M is liable under Section 357 only if the contract explicitly contained a clause specifying consequences for abandonment; without such clause, the omission is treated as civil breach only Correct Answer Incorrect Answer

    Solution

    Explanation: Section 357 of the BNS, 2023 provides: "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 mental illness, 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 of either description for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both." The section creates a criminal liability (distinct from mere civil breach of contract) for abandonment of helpless persons in specific circumstances. Essential elements include: (i) a lawful contract; (ii) the contracted person is helpless due to specified reasons (youth, mental illness, disease, bodily weakness); (iii) the bound person voluntarily omits care. In Dr. M's case: (i) there is an explicit written contract; (ii) Mrs. O is helpless due to Alzheimer's disease and is bedridden; (iii) Dr. M voluntarily abandoned care. This satisfies all Section 357 elements. The provision does not require proof of resulting injury to establish liability (option A is incorrect), does not provide exemptions for medical professionals (option C is incorrect), and does not require comparative negligence analysis (option D is incorrect). The presence or absence of abandonment clauses in the contract does not determine applicability (option E is incorrect). Thus, option (B) correctly applies Section 357

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