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.
Simplified Explanation
Section 272 of the Bhartiya Nyaya Sanhita, 2023 (BNS) addresses the malignant acts that are likely to spread infections of diseases dangerous to life. Here’s a detailed explanation:
1. Malignant Act
- The term malignant refers to an act that is done with intent or purpose to cause harm or with a reckless disregard for the consequences of the act. In this context, it’s not just about negligence, but an intentional or willful action that could harm others.
- Example: If someone intentionally infects others with a dangerous disease or deliberately engages in behavior that they know will spread the disease, it would be considered a malignant act.
2. Likely to Spread Infection
- The act in question must be likely to spread an infection that is dangerous to life, meaning that the person knows, or has reason to believe, that their actions will result in the transmission of a dangerous disease to others.
- Example: A person who is infected with a highly contagious and deadly virus (like HIV, tuberculosis, or a viral pandemic disease) might intentionally expose others to it, knowing the risk of transmission.
3. Punishment
- Imprisonment: A person who commits a malignant act will be punished with imprisonment, which may extend to two years. This punishment reflects the seriousness of the offense, as the person’s actions are intentionally endangering others’ lives.
- Fine: In addition to, or instead of imprisonment, the individual may also face a fine.
- Both: The person may be subjected to both imprisonment and a fine, depending on the severity of the act and the court’s judgment.
4. Difference from Section 271
- While Section 271 (Negligent act likely to spread infection) deals with negligence (failure to take reasonable care), Section 272 specifically targets malicious intent or actions that are done with full knowledge or willful disregard of the consequences.
- In other words, Section 272 addresses more deliberate and harmful behavior, whereas Section 271 focuses on situations where the person was negligent but didn’t necessarily intend to cause harm.
5. Purpose of the Section
- The key purpose of Section 272 is to penalize individuals who intentionally put others at risk by spreading diseases that can lead to serious health issues or even death. This provision holds people criminally liable for harmful, willful actions that endanger public health.
- It is especially relevant in cases involving deliberate exposure to highly contagious and dangerous diseases, such as in bioterrorism or during pandemics where someone intentionally tries to infect others.
6. Application in Real Life
- Example 1: A person infected with a contagious, life-threatening disease (e.g., HIV, tuberculosis, etc.) intentionally engages in behavior that they know will infect others, such as having unprotected sex with multiple partners without disclosing their illness. This could be considered a malignant act under Section 272.
- Example 2: During a pandemic, if someone knowingly breaks quarantine rules and deliberately comes into contact with others in public places to spread the infection, this could also be prosecuted under Section 272.
7. Conclusion
Section 272 of the Bhartiya Nyaya Sanhita, 2023 punishes deliberate or willful actions that are likely to spread dangerous infections. It reflects the serious nature of actions that are not merely negligent but are done with malicious intent, causing harm to others. The punishment of up to two years of imprisonment, a fine, or both is meant to deter people from intentionally exposing others to harmful diseases and to protect public health.
