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:
- A lawful order promulgated by a public servant empowered to
promulgate it;
- Knowledge of the order which may be general or special;
- Disobedience of such order.
- 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:
- https://en.wikipedia.org/wiki/2020_coronavirus_pandemic_in_India
- Krishnappa, (1883) 7 Mad. 276
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