272 BNS : Malignant act likely to spread infection of disease dangerous to life.

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Introduction of 272 BNS

272 BNS of the Bharatiya Nyaya Sanhita (BNS), 2023, deals with malignant acts—deliberate actions intended to spread infections of life-threatening diseases. Unlike negligent acts, this provision targets intentional and malicious behavior that knowingly puts public health at risk. The law prescribes imprisonment up to two years, fine, or both, ensuring strict accountability for such harmful conduct.

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The Bharatiya Nyaya Sanhita (BNS) Section 272 replaces the old Indian Penal Code (IPC) Section 270.

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What is BNS Section 272 ?

BNS Section 272 addresses malignant acts—deliberate actions performed with harmful intent—that are likely to spread infections of diseases dangerous to life. It focuses on acts where the individual knowingly risks public health by spreading life-threatening diseases.

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Under Section 272 of the bns act 2023

“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 up to two years, or with fine, or with both.”

1. Meaning of the Provision

• This section punishes malignant acts—deliberate, intentional acts that risk spreading diseases dangerous to life.
• The law targets willful and harmful behavior, not accidents.

2. Who is Covered?

• Individuals knowingly infected → e.g., a person with a contagious disease intentionally trying to spread it.
• Organizations/Factories → knowingly releasing infected waste or pollutants.
• Any person with malicious intent to endanger public health.

3. Essential Ingredients

To prove an offense under BNS 272:

1. The person performed an act likely to spread infection.
2. They knew or had reason to believe it could spread disease.
3. The act was done malignantly (intentionally and with harmful intent).

4. Examples

• Example 1: A person infected with a deadly virus spits intentionally in public transport to spread disease.
• Example 2: A company knowingly discharges infectious chemical waste into a river used by villagers.

5. Punishment under BNS Section 272

• Imprisonment → Up to 2 years.
• Fine → As decided by court.
• Both → In serious cases, both imprisonment and fine may be imposed.

6. Legal Classification

• Bailable → The accused can apply for bail.
• Cognizable → Police can register a case and arrest without a magistrate’s order.
• Non-Compoundable → Cannot be settled privately.
• Triable by → Any Magistrate.

7. Importance of BNS Section 272

• Protects public health from deliberate harm.
• Distinguishes between negligence (BNS 271) and malicious intent (BNS 272).
• Ensures strict accountability for intentional acts that endanger lives.

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Section 272 BNS Overview

BNS Section 272 deals with malignant acts performed with the intention to spread a life-threatening infection. This section specifically targets deliberate and harmful actions that endanger public health by knowingly exposing others to dangerous diseases.

BNS Section 272: 10 Key Points

1. Intentional Harm
   • This section applies when an individual performs an act intentionally and with malicious intent.
   • The action must be aimed at causing harm by spreading an infection dangerous to life.
   • Unlike negligence, the act is deliberate and malicious.
2. Knowledge of Risk
   • The person must be aware that their actions are likely to spread a dangerous disease.
   • Awareness of the consequences is a key element of this offense.
   • This knowledge distinguishes the act as malignant rather than accidental.
3. Malignant Acts
   • Malignant acts refer to deliberate actions that knowingly risk the spread of infectious diseases.
   • Examples include intentionally coughing on others while infected or purposefully contaminating food or water sources.
4. Endangering Public Health
   • The section focuses on actions that threaten the health and safety of the public.
   • The law aims to prevent deliberate harm that could lead to widespread infections.
5. Punishment for Malignant Acts
   • The offender may face imprisonment for up to two years.
   • The court may also impose a fine or both imprisonment and fine, depending on the severity of the offense.
6. Fine as Punishment
   • In addition to imprisonment, the law allows for the imposition of a monetary penalty.
   • The fine amount is determined by the court, considering the harm caused by the offender.
7. Cognizable Offense
   • The offense is cognizable, meaning the police can register a case and arrest the offender without prior approval from the court.
   • This ensures quick action in cases involving public health risks.
8. Bailable Offense
   • The offense is bailable, allowing the accused to apply for bail.
   • Bail provides an opportunity for the accused to remain free during the trial process.
9. Non-Compoundable Offense
   • The offense is non-compoundable, meaning it cannot be resolved through an out-of-court settlement.
   • This ensures that serious offenses with public health implications are addressed judicially.
10. Trial by Magistrate

• Cases under this section are triable by any Magistrate, enabling swift and accessible justice.
• The provision allows lower courts to handle such cases effectively.

BNS 272: Examples

1. A person infected with a life-threatening contagious disease intentionally interacts with others in crowded places despite knowing the risk of transmission.
2. A factory owner releases hazardous biological waste into a water source, knowing it carries infectious agents that endanger nearby communities.

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BNS 272 Punishment

1. Imprisonment
   • The offender can face imprisonment of up to two years.
   • The duration depends on the severity and impact of the malignant act.
2. Fine
   • The offender may also be required to pay a fine.
   • The fine may be imposed in addition to or instead of imprisonment, based on the court’s judgment and the harm caused.

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272 BNS bailable or non bailable ?

Yes, BNS Section 272 is bailable, allowing the accused to apply for bail and avoid extended detention while awaiting trial.

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Bharatiya Nyaya Sanhita Section 272

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Comparison Table: BNS 272 vs IPC 270

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BNS Section 272 FAQs

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Conclusion

BNS Section 272 is not just a legal safeguard but also a reminder of the collective responsibility we share in protecting public health. By criminalizing intentional acts that spread life-threatening diseases, this law ensures that malicious behavior is met with strict consequences. The section’s classification as a cognizable, bailable, and non-compoundable offense reflects its balance between urgent enforcement and procedural fairness.

In modern society, where a single act of malicious spread can endanger thousands, Section 272 stands as a strong deterrent. It reinforces public trust in the justice system and emphasizes that safeguarding health is a shared duty. Ultimately, the law sends a clear message: deliberate harm to society through the spread of disease will face firm legal action, protecting the larger interest of humanity.

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