Section 271 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a detailed, well-supported explanation of Section 271 of the Bharatiya Nyaya Sanhita, 2023 (BNS), from Chapter XV – Offences Affecting Public Health, Safety, Convenience, Decency and Morals:
🦠 Section 271 – Negligent Act Likely to Spread Dangerous Infection
⚖️ Offence
A person commits an offence by unlawfully or negligently performing any act that they know or have reason to believe is likely to spread the infection of a disease dangerous to life. (sudhirrao.com)
🛡️ Punishment
Upon conviction, the offender can face:
Up to 6 months’ imprisonment (simple or rigorous),
Fine,
Or both. (gktoday.in)
📚 Position in the Law
Mirrors IPC Section 269, focusing on negligent transmission (not intentional),
Paired with BNS Section 272, which addresses malignant (intentional) acts causing disease spread. (gktoday.in)
🔍 Key Elements
Nature of act
Must be either unlawful or negligent—for instance, violating public health norms or carelessly spreading pathogens.
Knowledge or suspicion
The actor must know or reasonably suspect their action could cause serious disease transmission.
Severity threshold
The disease involved must be “dangerous to life” (e.g., cholera, plague, COVID‑19).
Causation
The negligent act must be such that it could result in spreading the infection, even if actual spread doesn’t occur.
🧭 Why This Matters
Promotion of public health responsibility: Elevates duty of care during epidemics and routine public health measures.
Supports public safety mechanisms: Enables authorities to penalize conduct that negligently endangers community health—even in absence of intent.
✅ Real-World Scenario
A restaurant owner knowingly disregards sanitation protocols during an outbreak of a dangerous infectious disease. Under Section 271, even without malicious intent, they may face prosecution if their negligence risks spreading the disease.
🔄 How It Differs from Related Provisions
Section 272 (Malignant act): Covers intentional acts to spread infection, with higher penalties (up to 2 years).
Section 273 (Quarantine rules): Addresses knowing breaches of quarantine measures, punishable up to 6 months—similar to Section 271 but focused on administrative regulations. (myjudix.com, gktoday.in, mightywomen.in)
📊 Summary Table
| Element | Details |
|---|---|
| Offence | Negligent or unlawful act likely to spread infection of disease dangerous to life |
| Knowledge/Suspicion | Must know or have reason to believe infection risk |
| Punishment | Imprisonment ≤ 6 months, fine, or both |
| Related Provisions | 272 (intentional), 273 (quarantine breaches) |
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