Deliberating Section 269 And 270 Of Indian Penal Code, 1860

The Indian Penal Code, 1860 is a comprehensive code dealing with substantial aspects of criminal law in the country. Under Chapter XIV (Of Offences Affecting The Public Health, Safety, Convenience, Decency and Morals) of the respective code, Section 269(1)[1] and Section 270(2)[2] take up the possibility of spread of a certain infection of disease dangerous to life.

Explaining Section 269 and 270

The key features of both sections include:

1. The commitment of an Act
2. With knowledge or reason to believe to be likely to spread the infection of disease dangerous to life
3. Punishment for the act

However, there are certain differences between the two sections. These differences prevail in the matter in regards to the intention to commit the act and the punishment provided.

1. Under Section 269, The act committed must be unlawfully or negligently committed whereas, under Section 270, the act must be malignantly committed. The degree of vicious intention is higher under Section 270 as the word ‘malignantly’ indicates a deliberate intention on the part of the accused.
2. With regards to the punishment, under Section 269, the imprisonment may extend to six months, or with fine, or both whereas under Section 270, imprisonment may extend to two years, or with fine, or both.

Thus, it can be perceived that for the application of these two sections, one needs to demonstrate that the person knew about the possibility of infection and yet did not act or take precautions.

Prior use of the respective two sections

The sections have been put into practical spheres various times and have had a vast expansive reach in order to protect people from such infectious diseases and other similar issues.I

In regards to Cholera

In the case of The Queen-Empress v. Krishnappa and Ors(3), the Madras High Court held a person guilty under Section 269 for travelling by train when suffering from Cholera and making it likely to spread the disease dangerous to life 'negligently'.

In regards to infection in Hospital

In 2001, Section 269 was used against a doctor in the case of Dr. Meeru Bhatia Prasad vs State(4). Infection prevalent in the hospital caused the petitioner to go for an abortion and it was claimed that the needle used in an amniocentesis procedure caused infection and the subsequent abortion.

In regards to pollution

In Sanjay Goel vs Dongsan Automotive India Pvt. Ltd(5)., the Madras High Court in 2016 held that contaminated effluents and dust particles from a factory being thrown into neighbouring land, harming the health of people and allowing breeding of mosquitoes was a prima facie case under various offences, including Section 269, IPC.

In addition to this, the Sections were similarly enforced by colonial authorities during outbreaks of diseases such as smallpox and bubonic plague. In March 2018, when the Health Ministry said that failure by clinical establishments to notify a tuberculosis patient to the nodal officer and local public health staff can be punished under Section 269 and 270.(6)

Thus, the wide amplitude of Section 269 and 270 can be deciphered from the above situations. It has been issued in the public interest for many issues plaguing the society.

Consequently, the right under these two sections can be put into use under extensive and rational circumstances if it can be demonstrated that there was a negligent act by an individual, establishment or government which is likely to spread infection dangerous to life and no precautions were taken by the respective person.

Current Usage of Section 269 and Section 270

The whole world has come to a standstill with the coronavirus erupting as a world crisis. It has already caused ramifications beyond repair. The principle of social distancing has left the governments with lockdown, whether partial or complete as the only affirmative course of action. With the self-quarantine measures being enforced legally in India, the use of Section 269 and 270 has escalated in the past few months.

Police have been using the sections to prevent the spread of Coronavirus and to preserve the government orders. The Delhi Police registered the case against Maulana Saad and others of Tablighi Jamaat under Section 3 of Epidemic Disease Act 1897 with Section 269, 270, 271 and 120-B IPC for violation of government directions. (7) In another case in Telangana, wherein a PG medical student was assaulted, two persons were arrested under sections 332, 188, 269, 270, 271 of IPC, Section 3 of Epidemic Diseases Act 1897 and Section 4 of the Telangana Medicare Service Person and Medicare Service Institution Act 2008. (8) Even the celebrated singer, Kanika Kapoor was charged with IPC Section 269 and 270 and the Lucknow police took her in for interrogation. (9)

The sections have been actively used for other commitment of acts like hiding travel history and stepping out of the house negligently or malignantly causing the virus to spread like wildfire.

CONCLUSION

The sections have a significant impact on our everyday life when surrounded by situations like Coronavirus. Their wide application has a bearing on many other situations as mentioned above. The active usage of the sections has caused people to think twice before they defy government orders and violate the lockdown measures.

[Madri Chandak, a student of Hidayatullah National Law University is in her second year and has a keen interest in the economic and commercial aspects of the law.]

Disclaimer: This article is an original submission of the Author. Niti Manthan does not hold any liability arising out of this article. Kindly refer to our Terms of use or write to us in case of any concerns.

[1] Section 269, The Indian Penal Code, 1860, No. 45, Acts of Parliament, 1860 (India)

[2] Section 270, The Indian Penal Code, 1860, No. 45, Acts of Parliament, 1860 (India)

[3] (1883) ILR 7 Mad 276

[4] (2001) ILR 2 Delhi 498

[5] Crl. O.P. No. 776 of 2010

[6] FE Online, TB in India: Jail, fine for doctors, chemists, hospital authorities, Financial Express, (Apr. 20, 2020, 5:09 PM), https://www.financialexpress.com/india-news/tb-in-india-doctors-chemists-hospital-authorities-can-land-in-jail-here-is-why/1105760/

[7] India Today Web Desk, Tablighi Jamaat Preacher, others booked for violating govt. guidelines on religious gatherings, India Today, (Apr. 20, 2020, 4:23 PM), https://www.indiatoday.in/india/story/coronavirus-in-india-tablighi-jamaat-preacher-others-booked-for-violating-govt-guidelines-on-religious-gatherings-1661870-2020-03-31

[8] TelenganaToday, Hyderabad police arrest three for assaulting doctors, Telangana Today, (Apr. 20, 2020, 6:43 PM), https://telanganatoday.com/hyderabad-police-arrests-three-for-assaulting-doctors

[9] India Today Web Desk, Kanika Kapoor charged with IPC Sections 269 and 270, India Today, (Apr. 20, 2020, 2:36 PM), https://www.indiatoday.in/movies/celebrities/story/kanika-kapoor-charged-with-ipc-sections-269-and-270-lucknow-police-to-interrogate-singer-1664786-2020-04-08