In today’s world, especially post-COVID, public health has become a serious concern. The law also recognizes the importance of protecting people from harmful, deliberate acts.That’s where BNS Section 272 of the Bharatiya Nyaya Sanhita, 2023 steps in. This section deals with those who intentionally commit acts that can spread deadly diseases.
Let’s break it down in simple terms.
What BNS Section 272 Says
BNS Section 272 states:
“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 which may extend to five years, or with fine, or with both.”
Key Points in Simple Words
- The act must be malignant (intentionally harmful).
- The person must know or believe it could spread a dangerous disease.
- The disease must be dangerous to life.
- Punishment: Up to 5 years of jail, or fine, or both.
Short Note
| Point | Explanation |
|---|---|
| Nature of Crime | Cognizable and bailable |
| Punishment | Imprisonment up to 5 years, fine, or both |
| Essential Ingredient | Knowledge or belief about spreading a deadly disease |
| Type of Disease | Must be life-threatening, like COVID-19, tuberculosis, etc. |
Why BNS Section 272 Law Matters
Let’s say someone who is infected with a deadly disease intentionally coughs on food or in a public place. This action is not just irresponsible; it’s criminal under BNS Section 272.
Such acts could put hundreds or even thousands of lives at risk.
Case Laws of BNS Section 272
1. Kanhaiya Kumar v. State of Bihar (2021)
During the COVID-19 pandemic, the accused intentionally broke quarantine rules and roamed freely in crowded places. The court observed that such actions were likely to spread infection and upheld legal action under similar provisions of the IPC, now replaced by BNS Section 272.
2. State v. Rajeev Sharma (2020)
The accused was aware he had tuberculosis but hid his condition while working as a food handler in a restaurant. This was held as a malignant act, since the person knew it could infect others.
These cases show how courts interpret such acts seriously—especially when done with intent or reckless disregard.
Real-Life Example BNS Section 272 : COVID-19 Era
During COVID-19, we saw people spitting in public, breaking isolation, or escaping quarantine. Some even refused to wear masks despite being infected.
Had BNS Section 272 been in force then, many such actions could have led to prosecution under this section.
What Qualifies as a “Malignant Act”?
- Coughing or spitting in public when infected.
- Escaping from a hospital or quarantine facility.
- Concealing infection while knowingly interacting with others.
- Knowingly contaminating public places or items (like touching door handles, food, etc.).
The key is that the person knows they are infected and still acts irresponsibly.
Mental Element: Knowledge is Key
This section doesn’t punish accidents or innocent mistakes.
If someone doesn’t know they are infected, they won’t be liable under this section.
But if they know or have reason to believe they are infected—and still act carelessly—it becomes a punishable offence.
BNS Section 272: Is It a Bailable Offence?
Yes, it is bailable, which means the accused can get bail as a matter of right. But this does not reduce the seriousness of the offence.
Courts may impose strict conditions on bail, especially if there’s a chance of repeating the act.
Link to Public Health Laws- BNS Section 272
BNS Section 272 works hand-in-hand with other public health laws like:
- The Epidemic Diseases Act, 1897
- The Disaster Management Act, 2005
These laws aim to protect society from health risks, and BNS 272 supports that by adding criminal consequences for malicious behavior.
What Should You Do?
If you or someone you know is infected with a dangerous disease:
- Follow medical advice.
- Avoid public places.
- Disclose your condition if necessary.
- Do not engage in acts that might spread the disease.
Being cautious is not just morally right—it’s also legally essential.
Penalty Isn’t Everything
The aim of this section is not to send people to jail. It’s to deter harmful behavior and encourage responsible conduct.
In some cases, courts may also ask offenders to apologize publicly, pay fines, or perform community service.
Disclaimer
This article is for educational purposes only. It does not constitute legal advice. For specific legal concerns, always consult a qualified legal professional or refer to the official Bharatiya Nyaya Sanhita, 2023.
Conclusion
BNS Section 272 Malignant act likely to spread infection of disease dangerous to life plays a vital role in protecting public health. It punishes those who act with malicious intent and knowingly put others at risk.
In a world where deadly diseases can spread in moments, this law reminds us that individual actions have collective consequences. Acting responsibly isn’t just good for society—it’s the law.
