The Bharatiya Nyaya Sanhita (BNS) of 2023 introduced legal provisions addressing public health and safety. Section 271 specifically targets negligent acts that could spread infectious diseases dangerous to life.
Legal Framework of Section 271
Section 271 of the BNS penalises individuals who unlawfully or negligently engage in actions likely to spread infectious diseases. The punishment can include imprisonment for up to six months, fines, or both. This section aims to deter negligent behaviour that endangers public health.
Comparison with Indian Penal Code
Sections 269 and 270 of the Indian Penal Code (IPC) have been mirrored in the BNS as Sections 271 and 272. While Section 271 addresses negligent acts, Section 272 focuses on malignant actions intended to spread infection. Both sections are bailable offences but require proof that the accused knew or should have known their actions could cause harm.
Case Study – Noida Biryani Incident
A notable application of Section 271 occurred when a restaurant owner in Noida was arrested for delivering chicken biryani instead of vegetarian biryani. The FIR included charges under Section 271. However, the connection between this incident and the potential spread of a deadly infection remains unclear.
Historical Applications
The provisions of Sections 269 and 270 of IPC were frequently invoked during the Covid-19 pandemic. Authorities used these sections to enforce lockdowns and public health measures. High-profile cases, such as that of singer Kanika Kapoor, brought into light the legal implications of negligent behaviour during health crises.
Judicial Interpretations
Indian courts have addressed the application of these provisions in various cases. For instance, the Supreme Court ruled in Mr ‘X’ v. Hospital ‘Z’ that Section 269 could not be invoked against a spouse in a consensual marriage. Additionally, courts have clarified overlaps with other legislation, such as the Prevention of Food Adulteration Act.
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