Code: Section 272 BNS
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.
Explanation of Section 272 BNS
Section 272 of the Bharatiya Nyaya Sanhita (BNS), 2023 deals with individuals who intentionally (malignantly) engage in actions that are likely to spread dangerous diseases. This section emphasizes accountability for actions that could jeopardize public health, especially when done with knowledge or reasonable belief that such acts could cause harm.
Key Features:
- Malicious Intent: Applies when a person intentionally performs an act that can spread a dangerous disease.
- Knowledge or Reasonable Belief: The person must either know or have a reasonable belief that their act can cause such spread.
- Punishment: Imprisonment up to two years, a fine, or both.
Illustration of Section 272 BNS
- Deliberate Spread of Disease:
Ramesh knowingly coughs without covering his mouth in a crowded area during a contagious flu outbreak, intentionally putting others at risk. He could be punished under Section 272. - Contaminating Food Intentionally:
Seema works in a restaurant and intentionally adds a harmful substance to food that could spread foodborne illnesses. She is liable under Section 272 as she maliciously endangered public health. - Spreading False Information About Disease:
Amit spreads rumors that a certain water source is safe during a cholera outbreak, knowing it could lead to people consuming contaminated water. If proven malicious, this could be covered under this section.
Common Questions About Section 272 BNS
1. What does “malignantly” mean in Section 272?
- Answer: It refers to actions done with deliberate intent to cause harm or spread disease, not accidental or careless acts.
2. What types of diseases are covered under this section?
- Answer: Any disease that is dangerous to life, such as cholera, COVID-19, or other contagious illnesses.
3. Can I be punished under Section 272 if I accidentally spread a disease?
- Answer: No, the section applies only to intentional or malicious acts. Accidental spread without malicious intent would not fall under this provision.
4. What kind of punishment can I face under Section 272?
- Answer: Imprisonment for up to two years, a fine, or both.
5. Does this apply to individuals or organizations as well?
- Answer: It applies to both individuals and organizations if they engage in malicious acts likely to spread diseases.
Conclusion
Section 272 of the Bharatiya Nyaya Sanhita (BNS), 2023 is crucial for protecting public health. It holds individuals accountable for malicious acts that could spread dangerous diseases, ensuring that such actions are discouraged and penalized appropriately.
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