IPC Section 270
IPC Section 270 – Malignant act likely to spread infection of disease dangerous to life
1. What it says (in essence):
Section 270 deals with acts done maliciously or negligently that are likely to spread infection of a disease dangerous to life.
In simpler words: If someone carelessly or intentionally does something that can spread a serious disease to others, they can be punished under Section 270.
Key Elements of Section 270
Malignant act or negligence:
The act must be dangerous and likely to spread disease.
It can be intentional (malignant) or negligent (careless).
Resulting in disease spread:
The disease must be dangerous to life (like cholera, plague, or other life-threatening infectious diseases).
Causation:
It is enough if the act is likely to spread the disease; actual infection is not necessary.
Punishment under IPC Section 270
Imprisonment: Up to 2 years
Fine: May also be imposed
Or both: Imprisonment and fine
This is a cognizable offence, meaning the police can take action without prior permission from a magistrate.
Examples to understand Section 270
Example 1:
A person with a contagious disease spits on public places knowing it can infect others.
→ Punishable under Section 270 because the act is likely to spread infection.
Example 2:
A hospital or laboratory negligently disposes of infected materials, creating risk of disease spread.
→ Can be held liable under Section 270.
Example 3:
Simply being sick but taking all precautions does not attract Section 270, because there is no negligent or malignant act.
Important Points
Mens Rea (Intention/Knowledge): Either malignant intention or gross negligence is sufficient.
Type of disease: Only diseases dangerous to life are covered. Minor illnesses are not included.
Public safety: The law aims to prevent public health hazards.
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