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.
The Bharatiya Nyaya Sanhita (BNS) Section 272 replaces the old Indian Penal Code (IPC) Section 270.
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.
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:
- The person performed an act likely to spread infection.
- They knew or had reason to believe it could spread disease.
- 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.
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 a person intentionally does something with a bad or wrongful intention. The act must be done with the purpose of causing harm by spreading an infection that can threaten someone’s life. This is not a mistake or carelessness — it is a deliberate and malicious act. The person knows what they are doing and wants to cause harm or spread a disease to others.
2. Knowledge of Risk
For this section to apply, the person must know that their actions are likely to spread a dangerous disease. They must be aware that what they are doing can infect others. This knowledge is an important part of the offense because it proves that the act was not accidental. It shows that the person acted with awareness and a harmful mindset.
3. Malignant Acts
“Malignant acts” means actions that are intentionally done to spread a harmful infection. These acts are done knowingly and with the intention to cause health risks to others. Examples include a person who has a dangerous infection and still purposely coughs on others, spits in public places, or intentionally contaminates food or water so others get infected. These acts show clear bad intention and disregard for public safety.
4. Endangering Public Health
This law mainly focuses on preventing behavior that can harm the health and safety of the public. One person’s wrong actions can spread a disease to many people, causing a major health issue. The purpose of this law is to stop people from intentionally spreading dangerous infections and protect the society from health risks. It helps control situations like epidemics or infectious disease outbreaks.
5. Punishment for Malignant Acts
Anyone who commits such a deliberate act can be punished with imprisonment for up to two years. The court may also give a fine along with the imprisonment, depending on the seriousness of the act and its effect on people. This punishment shows that the law treats such acts very seriously because they can harm many people.
6. Fine as Punishment
Apart from jail time, the offender can also be punished with a fine. The amount of the fine is decided by the court based on the damage caused and the intention of the person. If the action harmed many people or increased the risk of spreading a disease, the fine may be higher. It acts as an extra financial punishment for the wrongdoing.
7. Cognizable Offense
This offense is cognizable, which means the police can file a complaint, start an investigation, and arrest the person without needing court permission. This allows the police to take quick action because such acts can rapidly affect public health. Fast action helps in preventing the spread of the infection.
8. Bailable Offense
The offense is bailable, which means the accused person has the right to apply for bail. If bail is granted, the person can remain free while the court case continues. However, even though bail is allowed, the person is still answerable to the court for the offense they committed.
9. Non-Compoundable Offense
This offense cannot be settled outside the court. It is non-compoundable, which means the accused and the victim cannot reach a private compromise to close the case. Since this crime affects public health, the law ensures that it must be handled legally so that justice is served properly.
10. Trial by Magistrate
Cases under this section can be heard and decided by any Magistrate. This helps in faster legal action because the case does not need to go to higher courts. Magistrates can take up these cases quickly, ensuring timely punishment and maintaining public health safety.
BNS 272: Examples
- A person infected with a life-threatening contagious disease intentionally interacts with others in crowded places despite knowing the risk of transmission.
- A factory owner releases hazardous biological waste into a water source, knowing it carries infectious agents that endanger nearby communities.
BNS 272 Punishment
- Imprisonment
- The offender can face imprisonment of up to two years.
- The duration depends on the severity and impact of the malignant act.
- 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.
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.
Comparison : BNS 272 vs IPC 270
| Section | What it Means | Punishment / Consequence | Bailable | Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 272 | Covers malignant or intentional acts done knowingly to spread infectious diseases dangerous to life. Targets deliberate and malicious conduct that endangers public health. | Punishable with imprisonment up to 2 years, or fine, or both. Ensures strict accountability for intentional spread of disease. | Bailable | Cognizable | Any Magistrate |
| IPC Section 270 (Old) | Penalized malignant acts likely to spread disease dangerous to life. Focused mainly on individual intent without covering broader public health risks. | Punishable with imprisonment up to 2 years, or fine, or both. Less explicit about institutional or environmental accountability. | Bailable | Cognizable | Any Magistrate |
| Key Difference: BNS Section 272 updates IPC Section 270 by emphasizing intentional or malicious acts that deliberately spread infection. It modernizes the law to include institutional and industrial accountability for public health safety. | |||||
BNS Section 272 FAQs
What does BNS Section 272 address?
BNS Section 272 penalizes deliberate and malicious acts that are likely to spread infections of life-threatening diseases.
What is the punishment under BNS Section 272?
The punishment includes imprisonment for up to 2 years, a fine, or both.
Is BNS Section 272 a bailable offense?
Yes, offenses under BNS Section 272 are bailable.
What type of offense is covered under this BNS 272?
It deals with cognizable offenses, meaning the police can register a case and investigate without prior approval from a magistrate.
Who can try cases under BNS Section 272?
Cases under this section can be tried by any Magistrate.
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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Finished with BNS 272 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- 273 BNS : Disobedience to quarantine rule.
- https://marriagesolution.in/bns_section/273-bns/
- BNS 274 : Adulteration of food or drink intended for sale.
- https://marriagesolution.in/bns_section/bns-274/
- 275 BNS : Sale of noxious food or drink.
- https://marriagesolution.in/bns_section/275-bns/
- 276 BNS : Adulteration of drugs.
- https://marriagesolution.in/bns_section/276-bns/
- 277 BNS : Sale of adulterated drugs.
- https://marriagesolution.in/bns_section/277-bns/
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Full BNSS Section List: https://marriagesolution.in/bnss_section-list