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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