Bharatiya Nyaya Sanhita, 2023
Section 272
Malignant act likely to spread infection of disease dangerous to life
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.
Why this exists
Deliberately or spitefully trying to spread a dangerous disease is treated as more culpable than merely negligent conduct, which is why this section, continuing the old IPC Section 270, carries a heavier maximum punishment than the previous negligence-based provision. It gained significant public attention during outbreaks like COVID-19, where reports emerged of people intentionally coughing or spitting on others out of spite while knowingly infectious.
Common misconceptions
- Myth: This section and the previous negligence-based one are basically the same offence.
Fact: This section requires malicious intent to spread the disease, which is why it carries a heavier maximum punishment (2 years) than the negligence-based section (6 months).