Overview: This section talks about another Indian kanoon which is, is a more serious offence than the one listed under Section 269. It imposes punishment for malignant actions which may spread any disease dangerous to life. The punishment under this section may extend to two years imprisonment and/or fine. The section is provided under Chapter XIV of the Indian Penal Code– ‘Of Offences Affecting The Public Health, Safety, Convenience, Decency and Morals’.
Factor that differentiates this section with Section 269 IPC: The thing that differentiates this offence from the one under Section 269 is that the accused who does an act with a deliberate intention to cause harm is punishable under this provision.
Instances where this section is invoked: Sections 270 have often been invoked in medical negligence cases and food adulteration cases. For instance, a doctor was accused under the two sections after it was alleged by the petitioner that the doctor negligently severed his wife’s intestine while performing her tubectomy operation. The court, however, set aside the FIR, citing a lack of negligence on the doctor’s part.
Punishment for Malignant act likely to spread infection of disease dangerous to life under Section 270 IPC: This section provides for punishment to any person who acts malignantly to spread infection of disease dangerous to life. Then that person shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Composition under Section 320 Cr.P.C.: This Offence is NOT listed under Compoundable Offences i.e. compromise or settlement cannot be entered into by the parties.
| Offence | Punishment | Cognizance | Bail | Triable By |
|---|---|---|---|---|
| Malignantly doing any act known to be likely to spread infection of any disease dangerous to life | 2 Years or Fine or Both | Cognizable | Bailable | Any Magistrate |
| Offence | Malignantly doing any act known to be likely to spread infection of any disease dangerous to life |
|---|---|
| Punishment | 2 Years or Fine or Both |
| Cognizance | Cognizable |
| Bail | Bailable |
| Triable By | Any Magistrate |
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