Malignant Act Likely to Spread Infection of Disease - Section 270
IPC is one of such comprehensive legislation which has been so well drafted that various kinds of crimes that any person can think of, will find their place here. It is one of the reasons that section 270 of IPC has been made so as to keep a check on those who keep on spreading the infections of diseases that have the potential to threaten the very lives of humans. This section is placed under Chapter XIV of the Indian Penal Code which deals with ‘Of Offences Affecting the Public Health, Safety, Convenience, Decency, and Morals’ and the purpose of placing section 270 to this chapter is clearly because section 270 also talks about spreading infectious diseases which can cause death. Medical negligence cases are quite often covered under this section, and many people are the witnesses to such spikes in cases. Section 270 is also in the news due to COVID-19 disease which has been declared as a pandemic. Since this section would act as a deterrence against those who may have some ulterior motives, its importance in these trying times has increased manifold and the authorities will be able to contain those perpetrators. The authorities have arrested many people who were seen flouting the COVID rules in place, under section 270 of the Indian Penal Code, in order to curb the spread of disease and maintain public order. Also, those people who were running away from the quarantine centers have been booked under this very section. Consult the best lawyer online What is Section 270, IPC? This section says that any act which has been done by any person either willingly or the person knew that such action would cause infection to many people and ultimately would result in death, then that person will be punished through imprisonment which can be extended up to two years or with fine or with both. The act which is mentioned in this section is a malignant act. Other Aspects of Section 270: The offence committed under section 270 is a cognizable and bailable offence. This section is also non-compoundable i.e. if the parties wish they cannot settle it outside the court. This offence can also be tried before the court of any Magistrate. There is no foundation with respect to where the trial of offence will take place.
Section 270 is the aggravated form of section 269. The term ‘malicious’ used in section 270 evinces the presence of mens rea of the accused who intentionally acted in a wrongful way to spread the disease. Because of the existence of criminal intent in the minds of the accused, the punishment accorded under section 270 is also way higher and stricter than that mentioned in section 269.
Cases for Sections 269 and 270: The history of these sections dates back to 1886. In that year the Madras High Court had given the order to catch hold of a person who despite being affected by cholera, was traveling by train. That person was booked under section 269 of Indian Police Services. Again a similar type of case erupted in the year 1902. In this case, the accused was held guilty as per section 269 because he had traveled by train after staying for some time in a plague-stricken house and after having come into contact with a plague patient.
Sections 269 and 270 are the primary provisions that are widely used by the Union and the State Governments to control any kind of infectious or communicable diseases
Mr. ‘X’ v. Hospital ‘Z’: In this case, the hospital authorities had disclosed the blood sample report of Mr. X, which was HIV Positive, to his fiancé. This incident of the hospital authorities had caused severe infringement to his privacy and had also attacked his social image. So a suit was filed against the hospital authorities for violating the right to privacy and also claimed compensation for the same.
The apex court, dismissing the contentions of the petitioner, said that the act of the hospital authorities was not unconstitutional because they had taken such a severe step in order to protect the fiancé of Mr. X, as it was very probable that she too might get infected. Further article 21 was also cited which states that all individuals have the right to lead a healthy and peaceful life. Had Mr. X married his fiancé despite knowing that he was HIV positive and transmitted the infection, he would also be held liable under sections 269 and 270 of the Indian Penal Code. Mr. X would not have been liable under sections 269 and 270 had his fiancé married him despite knowing that he was HIV positive.
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The Madras HC in Sanjay Goel v. Dongsan Automobile India Pvt. Ltd. held that the effluents and dust particles released from the factory and industries were polluting the neighboring area thus causing severe damage to the lives of the people living in that vicinity. Those toxic wastes from the factories and industries were also allowing the breeding of mosquitoes, which again are the source of many dangerous diseases. So, the court held that the case involves many offences including section 269 of the Indian Penal Code.The Bombay High Court in Ramkrishna Baburao Maske v. Kishan Shivraj Shelke held that the commercial sex workers who themselves are suffering from diseases like syphilis and communicate about the same to the other person during the sexual intercourse, then those sex workers won’t be held liable under section 269 of the Indian Penal Code.
Dr. Meera Bhatia Prasad v. State: This case approached the Delhi High Court with respect to the abortion of a lady due to hospital infection. The High Court allowed the trial court to proceed with the trial requirements as per section 269. This section was invoked here due to the sole reason that the hospital used an amniocentesis procedure which had caused infection resulting in the abortion.
Filing or Defending the Offence under Section 270: Since the offence under section 270 is a bit challenging for it needs to prove or disprove that whether or not because of a certain person, an offence under this section has been committed. So it is always preferred that a lawyer, with a considerable amount of experience, be hired to deal with such complex issues.| Offence | Punishment | Cognizance | Bail | Triable By |
|---|---|---|---|---|
| Malignantly doing any act known to be likely to spread infection of any disease dangerous to life | 2 Years or Fine or Both | Cognizable | Bailable | Any Magistrate |
| Offence | Malignantly doing any act known to be likely to spread infection of any disease dangerous to life |
|---|---|
| Punishment | 2 Years or Fine or Both |
| Cognizance | Cognizable |
| Bail | Bailable |
| Triable By | Any Magistrate |
