File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Corona Virus (COVID-19) And Indian Penal Code 1860

The outbreak has been declared an epidemic in more than a dozen states and union territories, where provisions of the Epidemic Diseases Act, 1897 have been invoked, and educational institutions and many commercial establishments have been shut down. India has suspended all tourist visas, as a majority of the confirmed cases were linked to other countries.

Legal announcements.
On 11 March 2020, the Cabinet Secretary of India announced that all states and UTs should invoke provisions of Section 2 of the Epidemic Diseases Act, 1897.
On 14 March the central government declared the pandemic as a "notified disaster" under the Disaster Management Act, 2005, enabling states to spend a larger part of funds from the State Disaster Response Fund (SDRF) to fight the virus {1}.

Indian Penal Code Provision Regarding Corona virus (COVID-19)

Section 188. Disobedience to order duly promulgated by public servant.
Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act or to take certain order with certain property in his possession or under his management, disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both , and if such disobedience causes or tends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Explanation- it is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce harm.

Illustration: An order is promulgated by a public servant lawfully empowered to promulgate such order, directing that a religious procession shall not pass down a certain street. A knowingly disobeys the order, and thereby causes danger of riot. A has committed the offence defined in this section.

Comment: Ingredients: The following are the ingredients of this section:
  1. A lawful order promulgated by a public servant empowered to promulgate it;
  2. Knowledge of the order which may be general or special;
  3. Disobedience of such order.
  4. The result that is likely to follow from such disobedience. Under the section the accused must have knowledge of the order with the disobedience of which he is charged. Mere disobedience of an order does not constitute an offence in itself, it must be proved that such disobedience has resulted into certain consequence, namely annoyance, obstruction etc.
Section 269: Negligent act likely to spread infection of disease dangerous to life.
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

Comment:
This section punishes any person who does any act which is likely to spread infectious diseases in the society; the infectious diseases are cholera, plague and small-pox etc. However, such person must have knowledge that his action was likely to spread infectious diseases. Where a man was suffering from cholera and was aware of its infectious nature, travelled by train without informing the railway authorities of his condition, it was held that he was responsible for spreading infection of cholera {2}.

A a prostitute communicated venereal disease to a man who had sexual intercourse with her on the strength of her representation that she was free from any disease. In this case A will be liable under section 269 I.P. Code for spreading infection of disease as she knew that she was suffering from venereal disease which was infectious and knowing this fact A misrepresented that she was free from any disease and with this representation had sexual intercourse with a man.

Section 270: 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.

Comment:
If any person malignantly does any act which may spread the infection of any disease dangerous to life, he shall be punished. The offence under this section is an aggravated form of the offence punishable under the last section. The word "malignantly" denotes a deliberate intention to cause infection of any disease on the part of accused.


Section 271: Disobedience to quarantine rule

Whoever knowingly disobeys any rule made and promulgated by the Government for putting any vessel into a state of quarantine, or for regulating the intercourse of vessels in a state of quarantine with the shore or with other vessels, or for regulating the intercourse between places where an infectious disease prevails and other places, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

Comment:
Under this section disobedience to quarantine rule is punishable. The motive behind such disobedience is immaterial. A person who knowingly disobeys any rule made by the government shall be punished whether any injurious consequence flow from it or not.

Reference:

1. Prof. S. N Mishra, Indian Penal Code, (Central Law Publication, Allahabad,19th edn., 2013).
2. Epidemic Diseases Act, 1897.
3. Disaster Management Act, 2005
4. Indian Penal Code 1860.

End Notes:
  1. https://en.wikipedia.org/wiki/2020_coronavirus_pandemic_in_India
  2. Krishnappa, (1883) 7 Mad. 276

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers



Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


LawArticles

Section 482 CrPc - Quashing Of FIR: Guid...

Titile

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of th...

How To File For Mutual Divorce In Delhi

Titile

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Whether Caveat Application is legally pe...

Titile

Whether in a criminal proceeding a Caveat Application is legally permissible to be filed as pro...

The Factories Act,1948

Titile

There has been rise of large scale factory/ industry in India in the later half of nineteenth ce...

Constitution of India-Freedom of speech ...

Titile

Explain The Right To Freedom of Speech and Expression Under The Article 19 With The Help of Dec...

Copyright: An important element of Intel...

Titile

The Intellectual Property Rights (IPR) has its own economic value when it puts into any market ...

Lawyers Registration
Lawyers Membership - Get Clients Online


File caveat In Supreme Court Instantly