Section 272 BNS: Malignantly Doing Act Likely to Spread Infection of Dangerous Disease (Formerly Section 270 IPC)

Section 272 of Bharatiya Nyaya Sanhita: Malignantly 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 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.

Legal Commentary & Landmark Judgments: Section 272

Section 272 prescribes enhanced punishment for malignantly 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.

Malignant Act: Done out of active malice, ill-will, or deliberate intent to infect others (distinguished from mere negligence).
Dangerous Disease: A communicable disease that is dangerous to human life.
Severe Mens Rea: Conscious weaponisation or intentional dissemination of contagion.

Key Landmark Precedents:

State of Maharashtra v. Babulal (1993) Supp 3 SCC 419: Affirmed that 'malignantly' implies spite, malice, or deliberate intent to cause harm, warranting the highest penal category.
Mr. 'X' v. Hospital 'Z' (1998) 8 SCC 296: Noted that deliberate transmission of lethal infections violates fundamental rights and borders on criminal assault.

Courtroom Practice & Strategic Litigation Guidance:

Distinguish from Section 271 by demonstrating positive malice—such as spitting on food, contaminating water supplies, or knowingly infecting people with retaliatory intent.

Section 272: Malignantly Doing Act Likely to Spread Infection of Dangerous Disease

Section 272 of Bharatiya Nyaya Sanhita: Malignantly Doing Act Likely to Spread Infection of Dangerous Disease

Legal Commentary & Landmark Judgments: Section 272