Section 490
Section 490 of the Indian Penal Code, 1860. [Preach of contract of service during voyage or journey.] Rep. The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
[Preach of contract of service during voyage or journey.] Rep. by the Workmen's Breach of Contract (Repealing) Act, 1925 (3 of 1925), s. 2 and Sch.
Section 490, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
No provision of the Bharatiya Nyaya Sanhita is textually close to this one. No close match found
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Yanamadala Sandeep vs The State of Telangana
Court's Decision & Legal Precedent
Where a fair price shop dealer allows another person to run the shop, such action does not constitute the criminal offence of breach of trust under Section 406 IPC or cheating under Section 420 IPC, as there is no entrustment of property or dominion over property by an official, and no dishonest intention or deception from inception. Administrative violations of Public Distribution System Control Orders do not automatically translate into criminal liability under the Indian Penal Code. Charges under non-existent statutory provisions (such as Section 490 IPC which was deleted in 1925) render the prosecution unsustainable and constitute abuse of process, warranting quashing of proceedings under Section 482 CrPC.
On this section: Court held that this section does not exist in the current statute book as it was deleted by Act 3 of 1925, therefore charges under this section are legally unsustainable
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Varusanadu PS vs 1. Tamilarasan and 2 others
Court's Decision & Legal Precedent
False and defamatory statements made with intent to harm reputation constitute criminal defamation under Section 490 IPC, and the accused is liable for conviction when the prosecution establishes these elements beyond reasonable doubt.
On this section: Criminal defamation - Punishment for defamation. The court applied this section to convict the accused for making false and defamatory statements that damaged reputation.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 490
What have the courts held on Section 490 of the Indian Penal Code?
Yanamadala Sandeep vs The State of Telangana (11 Oct 2017) is the leading judgment on this section among those set out below: Court held that this section does not exist in the current statute book as it was deleted by Act 3 of 1925, therefore charges under this section are legally unsustainable. Another 1 judgment on this section is set out below. They run from 2017 to 2018.
How do I find court cases under Section 490 of the Indian Penal Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 490, section 490 IPC, section 490 of the Indian Penal Code. People searching for it also type ipc 490a and ipc 490 malayalam. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Yanamadala Sandeep vs The State of Telangana (11 Oct 2017).
When did Section 490 of the Indian Penal Code come into force?
Section 490 of the Indian Penal Code, cited as IPC 490, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.