What are the punishments under Sections 269, 270 & 271 of the Indian Penal Code?

What happens when a person infected with a deadly disease infects others with the same? Can he/she be penalized for such an act? What if such an act committed by the person was negligently done without any intention? Or if the person wanted to deliberately vandalize others or to take revenge? Can such acts be penalized under Indian laws? This set of questions must have crossed your mind numerous times. However, did you know that there are provisions under the Indian Penal Code (IPC) that prescribe punishment for these acts? Sections 269, 270, and 271 of the Indian Penal Code are some of the provisions that can be invoked by the authorities when a deadly disease has taken its toll on the people. These Sections require obedience to quarantine orders imposed by the government and prescribe punishment for disobedience of the same during the outbreak of a deadly disease such as swine flu, bird flu, COVID-19, etc. Let us have a look at what these sections talk about.

What are Sections 269, 270, and 271 of the IPC?

The first provision that can be invoked during such a time by the government is Section 269 of IPC . It states, “ 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.” It, therefore, seeks to punish an unlawful or negligent act that could spread a dangerous disease, with imprisonment of up to six months or a fine. The offense is cognizable, meaning that the police can arrest the accused without a warrant, but is bailable. Another Section that can be invoked in cases like these is Section 270 of the Indian Penal Code . It reads, “ 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.” Unlike Section 269, this Section deals with a “ malignant act” spreading infection of disease dangerous to life and punishes it with two-year imprisonment or fine. This is also a cognizable and bailable offense. The FIR lodged against Bollywood singer Kanika Kapoor, who had attended parties after returning from London and tested positive for coronavirus, mentions these two provisions. People can also be booked under Section 271 , which criminalizes disobedience of quarantine rule. It states, “ Whoever knowingly disobeys any rule made and promulgated by the Government for putting any vessel into a state of quarantine, or for regulating the intercourse of vessels in a state of quarantine with the shore or with other vessels, 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.” It means that if anybody knowingly disobeys any rule made with the object of isolating places where an infectious disease prevails from other places, then the person will be guilty under the provision. The section requires disobedience with knowledge of a rule made and promulgated by the government. The rule must be either for putting any vessel in a state of quarantine, for regulating intercourse between quarantined vessels and shore or quarantined vessels and other vessels, or for regulating intercourse between places where an infectious disease prevails and other places.

When can an action be taken against someone under Sections 269, 270, and 271 of IPC?

Sections 269 and 270 have often been invoked in medical negligence cases and food adulteration cases. For instance, a doctor was accused under the two sections after it was alleged by the petitioner that the doctor negligently severed his wife's intestine while performing her tubectomy operation. The court, however, set aside the FIR, citing a lack of negligence on the doctor's part. The Supreme Court spoke about Sections 269 and 270 in a 1998 case, in which an HIV+ man had filed a case against a hospital that had disclosed that he was HIV+, leading to his marriage being called off. Opining that the disclosure saved the petitioner's fianc& eacute , 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 offenses indicated in Sections 269 and 270 of the Indian Penal Code . The above statutory provisions thus impose a duty upon the appellant not to marry as the marriage would have the effect of spreading the infection of his own disease, which obviously is dangerous to life, to the woman whom he marries apart from being an offense. However, in 2017, the Rajasthan high court set aside the criminal proceedings launched under the Section against a spice and wheat mill. The complainant had alleged that his family members had suffered from several diseases because of the use of heavy-duty machines by the mill.

The court, however, did not agree with this logic and observed that the legislative purport of Section was to contain the acts, which could spread infection or diseases dangerous to life, attributable to a single person. It further stated that it is apparent on the face of the record as well as the impugned order that the act of the petitioner does not amount to spreading infection or diseases dangerous to life.
 

How can a lawyer help you?

One of the first and most important steps you should start with is to hire a good criminal lawyer , as he is aware of the legal processes and nitty-gritty involved in the criminal case. A criminal lawyer has the legal knowledge and experience necessary to handle and draft necessary documents related to the offense. He will be able to guide you and draft relevant documentation for you according to your special circumstances and facts, and the necessary things to be involved. A criminal lawyer is aware of good legal techniques. Hiring a lawyer will help you in more ways than one. You can also ask a lawyer online a free legal question using LawRato's Ask a Free Question service.

Advocate Chikirsha Mohanty

4.0 | 2+ user ratings Greater Kailash - 1, Delhi
5 years

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