IPC Section 260
IPC Section 260 – Definition of “Infectious Disease”
Exact Provision (Simplified):
“The term ‘infectious disease’ refers to any disease that can be transmitted from one person to another, either directly or indirectly, and is specified in the law (like the Epidemic Diseases Act or relevant health regulations).”
Key Elements of Section 260
Focus on Disease
Section 260 does not describe an offence or punishment.
It is a definition section used to clarify what counts as an “infectious disease” for the purpose of other IPC sections like 269, 270, 271, 272.
Transmission
The disease must be capable of spreading from person to person.
Spread can be:
Direct: Through physical contact, bodily fluids, droplets, etc.
Indirect: Through contaminated objects, food, air, water, etc.
Specified by Law
The law may enumerate certain diseases that fall under this category, e.g., cholera, plague, tuberculosis, smallpox, COVID-19, etc.
The actual diseases are often defined in health acts and regulations.
Importance of Section 260
Clarity in Legal Application
Sections like 269 (negligent act likely to spread disease), 270 (malignant act), 271 (disobedience to quarantine), and 272 (selling infected food) refer to “infectious disease.”
Section 260 ensures there is no ambiguity about what qualifies as infectious disease.
Helps Public Health Law Enforcement
Police, courts, and health authorities use this definition to decide whether a person’s action falls under IPC provisions for disease spread.
Illustration / Examples
COVID-19 is an infectious disease. If someone knowingly goes out while infected and meets others, sections 269, 270, or 271 may apply. Section 260 defines the disease for these offences.
Cholera or tuberculosis can be considered infectious diseases under IPC because they spread from person to person, even if indirectly.
Non-infectious diseases (like diabetes or cancer) do not fall under this section, as they cannot be transmitted to others.
Summary
| Aspect | Details |
|---|---|
| Purpose | Define “infectious disease” for IPC offences |
| Transmission | Must be transmissible, directly or indirectly |
| Relation to other sections | Sections 269, 270, 271, 272 depend on this definition |
| Legal impact | Clarifies which diseases trigger penalties for negligent or malignant acts |
In simple words: Section 260 just tells the law what counts as an infectious disease, so that other IPC sections can punish people who spread it.
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