‘’Health is a state of complete physical, mental and social well being not merely absence of disease or infirmity,’’ states the World Health Organisation. Being pink in health is very important, not only for an individual but also for the overall well being of the society, but some wrong element present in the society intentionally tries to spread dangerous communicable disease to others, to which the Indian Penal Code has laid down Section 269 which reads as following:
“Whoever unlawfully or negligently 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 six months, or with fine, or with both.”
Here are the exact essential ingredients which are to be fulfilled, so as to get relief under this section:
- The person, who is the accused, should have performed an act negligently or which is unlawful in nature, and is likely to cause or spread an infectious disease which is dangerous to life.
- The accused knows that such an act is likely to cause such infection (mens rea)
Such offences are bailable, cognizable (which means a police officer may arrest the person without any warrant as defined under schedule I of Criminal Procedure Code) and triable by any magistrate. Today, this section of Indian Penal Code mainly deals with the cases relating to HIV AIDS. One such issue which was brought to limelight was that whether a person who is indulging in a marriage, knowing that the other person is suffering from HIV, and giving her/his consent to get married, could be booked for an offence under section 269 of IPC.
Example: if a person knows that he is suffering from any kind of deadly infectious disease which may be transferred to another person, through various means of contact like blood transfusion, sexual contact etc , intends to performs any such acts then he would be held liable under section 269, which provides for an imprisonment for a term which may extend to six months or fine or both.
This article has been contributed by Shriya Chandankar, First Year, Symbiosis Law School, Hyderabad.