Law and You > Criminal Laws > Bharatiya Nyaya Sanhita, 2023 > Chapter XV > Offence Related to Spread of Infectious Disease (Ss. 271 to 273 BNS)
According to Section 270 of the Bharatiya Nyaya Sanhita, 2023, a person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right. A common nuisance is not excused on the ground that it causes some convenience or advantage. In this article we shall discuss offences related to offence related to spread the infection of disease dangerous to life. Provisions of these sections are only applicable to offence related to spread of infectious disease dangerous to life.
Section 271 and 273 of the Bharatiya Nyaya Sanhita, 2023 deals with the offence related to spread of infectious disease dangerous to life. These sections punish such acts of public nuisance which are calculated to accelerate the infection of dangerous diseases. Before conviction of a person under the section, it must be proved that the accused knew that the disease was contagious.
The COVID-19, coronavirus, would be an example under these sections, someone escaping quarantine and endangering people in society could be criminally liable under this section. Some of the diseases that are dangerous to life are Syphilis, smallpox, Cholera, Plague, AIDS, etc.
Comparative Study BNS and IPC
| Bharatiya Nyaya Sanhita, 2023 | Indian Penal Code, 1860 | Change |
| S. 271 | S. 269 | No change |
| S. 272 | S. 270 | No change |
| S. 273 | S. 271 | Word “vessel” is replaced by the phrase “mode of transport etc.” |
Section 271 BNS:
Negligent Act Likely to Spread Infection of Disease Dangerous to Life:
Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
Example:
A, knowing that he was suffering from cholera, travelled by train without informing the railway officers of his condition. Here, A is guilty under the section because he must have known that he was doing an act likely to spread infection.
Ingredients of Section 271 BNS:
- The act is unlawful or negligent;
- The offender knows or has reason to believe to be, likely to spread the infection; and
- The infectious disease is dangerous to life
Punishment:
Imprisonment of either description for a term which may extend to six months, or with fine, or with both.
Classification of Offence:
Cognizable, bailable and triable by any Magistrate
In Naidar Mal, (1902) PR No. 22 of 1902 case, wherein the offender was held culpable under Section 269 IPC (S. 271 BNS) for recklessly travelling by train after residing in a plague-stricken house and coming in contact with an infected person.
In Krishnappa, (1883) 7 Mad 276 case, the accused K, knowing that he was suffering from cholera, travelled by a train, without informing the railway officers of his condition, and M, knowing K’s condition, purchased his ticket and travelled with him, it was held that K was guilty under this section, because he must have known that he was doing an act likely to spread infection, and that M was guilty of abetment of K’s offence.
Section 272 BNS:
Malignant Act Likely to Spread Infection of Disease Dangerous to Life:
Whoever malignantly does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Section 272 of the Bharatiya Nyaya Sanhita, 2023, deals with an aggravated form of the offence discussed under Section 271 BNS. As per Section 271 BNS it is negligent act, while under Section 272 BNS, it is malignant act. Malignant act means an act disposed to cause harm, suffering, or distress deliberately; feeling or showing ill will or hatred leading to very dangerous or harmful in influence or effect. Thus Section 272 BNS assumes a deliberate act on part of accused.
Ingredients of Section 272 BNS:
- The act is malignant;
- The offender knows or has reason to believe to be, likely to spread the infection; and
- The infectious disease is dangerous to life
Punishment:
Imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Classification of Offence:
Cognizable, bailable and triable by any Magistrate
Example:
In Mr. X v. Hospital Z, AIR 1999 SC 495 case, the Appellant was diagnosed as HIV (+) after he attempted to donate blood at the Respondent hospital. The man filed a case against the hospital, leading to his marriage being called off. Opining that the disclosure saved the petitioner’s fiancé, the court also took note of the two provisions and observed, therefore, if a person suffering from the dreadful disease “AIDS”, knowingly marries a woman and thereby transmits the infection to that woman, he would be guilty of offences indicated in Sections 271 and 272 BNS.
Section 273 BNS:
Disobedience to Quarantine Rule:
Whoever knowingly disobeys any rule made by the Government for putting any mode of transport into a state of quarantine, or for regulating the intercourse of any such transport in a state of quarantine or for regulating the intercourse between places where an infectious disease prevails and other places, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
This Section requires obedience of quarantine orders imposed by the government and prescribes punishment for disobedience of the same during times when a deadly disease has taken its toll on the people. Under this Section whoever knowingly disobeys any rule made by the government with the motive to isolate places infected with a hazardous disease from the other places.
Quarantine means a period of time when a person or animal that has or may have an infectious disease must be kept away from other people or animals. The process separates and restricts the movement of people who were exposed to a contagious disease to see if they become sick. These people may have been exposed to a disease and do not know it, or they may have the disease but do not show symptoms.
Quarantines may be used during:
- Outbreaks: It is a situation when there is a sudden rise in the number of cases of the disease.
- Epidemics: It is similar to outbreaks, but it is generally considered to be larger and more widespread.
- Pandemics: These are vaster than epidemics, generally global in nature and affect more number of people.
Ingredients of Section 273 BNS:
- Government has promulgated quarantine order/rule;
- Accused knowingly disobeys rule; and
- Accused moves from area where infectious disease prevails to another.
Classification of Offence:
Non-cognizable, bailable and triable by any Magistrate
Punishment:
Imprisonment of either description for a term which may extend to six months, or with fine, or with both.
Conclusion:
The deliberate or negligent spread of infectious diseases poses a serious threat to public health, safety, and societal stability. Legal frameworks addressing such offences play a crucial role in ensuring accountability, deterrence, and the protection of vulnerable populations. As global health challenges become increasingly complex, it is imperative that laws evolve to balance public interest with individual rights, reinforcing both responsibility and resilience in times of crisis. A proactive legal approach, coupled with public education and strong health infrastructure, remains essential in mitigating the impact of infectious diseases and preserving the well-being of communities.
Related Topics:
- Public Nuisance: Definition (S. 270)
- Offences Related to Adulteration of Food (Ss. 274 and 275)
- Offences Related to Adulteration of Drugs (Ss. 276-278)
- Offences Related to Environment (Ss. 279 and 280)
- Offences Affecting Public Safety and Convenience (Ss. 281 to 293, 297)
- Offences Related to Obscenity (Ss. 294 to 296)
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