Section 271 BNS: Negligently Doing Act Likely to Spread Infection of Dangerous Disease (Formerly Section 269 IPC)

Section 271 of Bharatiya Nyaya Sanhita: Negligently Doing Act Likely to Spread Infection of Dangerous Disease

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Legal Commentary & Landmark Judgments: Section 271

Section 271 penalises unlawfully or negligently doing any act which is, and which the actor knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life.

Act Done Unlawfully/Negligently: Disregarding medical protocols, quarantine guidelines, or public health orders.
Disease Dangerous to Life: Infectious illnesses like COVID-19, cholera, plague, or tuberculosis.
Knowledge of Likelihood: Knowing or having reason to believe the act is likely to transmit infection.

Key Landmark Precedents:

Mr. 'X' v. Hospital 'Z' (1998) 8 SCC 296: The Supreme Court held that the right to privacy must yield to the public's right to health; individuals carrying infectious, life-threatening diseases have a legal duty to prevent transmission.
In Re: Distribution of Essential Supplies and Health Services during Pandemic (2021) 6 SCC 771: The Apex Court affirmed that reckless non-compliance with pandemic health protocols invites direct prosecution under infection control penal laws.

Courtroom Practice & Strategic Litigation Guidance:

Widely invoked during pandemic containment. Prosecution must establish that the accused tested positive or had clinical symptoms, knew of their contagion, and mingled recklessly in public gatherings.

Section 271: Negligently Doing Act Likely to Spread Infection of Dangerous Disease

Section 271 of Bharatiya Nyaya Sanhita: Negligently Doing Act Likely to Spread Infection of Dangerous Disease

Legal Commentary & Landmark Judgments: Section 271