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Introduction of BNS Section 271

BNS Section 271 addresses negligent acts that could spread dangerous diseases. It ensures accountability for individuals whose careless actions could pose a threat to public health by spreading life-threatening infections.


The Bharatiya Nyaya Sanhita (BNS) Section 271 replaces the old Indian Penal Code (IPC) Section 269.



What is BNS Section 271 ?

BNS Section 271 deals with unlawful or negligent actions likely to spread dangerous diseases. It penalizes individuals whose actions—either knowingly or carelessly—could spread infections that pose a threat to human life. The section ensures accountability for actions that endanger public health.

BNS Section 271 explanation, addressing negligent or unlawful actions spreading diseases.
BNS Section 271 ensures accountability for spreading dangerous diseases unlawfully or negligently.

BNS 271 in Simple Points

  1. Negligent or Unlawful Acts
    BNS Section 271 applies to individuals who act carelessly or unlawfully in ways that could spread infections dangerous to life. It emphasizes accountability for behaviors that pose a threat to public health.
  2. Knowledge and Awareness
    The offender must know, or have reason to believe, that their actions are likely to spread the infection. This ensures that individuals cannot claim ignorance if the consequences of their actions are obvious.
  3. Punishment for Negligence
    The section prescribes imprisonment of up to six months, a fine, or both. The punishment acts as a deterrent against actions that risk spreading life-threatening diseases.
  4. Cognizable and Bailable
    Offences under this section are cognizable, allowing police to take action without prior approval from the court, and bailable, enabling the accused to secure bail easily.
  5. Public Health Protection
    The section aims to safeguard public health by preventing the spread of infectious diseases. It encourages responsible behavior during outbreaks and pandemics.

Section 271 BNS Overview

Section 271 of the Bharatiya Nyaya Sanhita (BNS) punishes anyone who unlawfully or negligently engages in actions that are likely to spread infections of diseases that are dangerous to human life.

BNS Section 271: 10 Key Points

  1. Scope of Negligent Acts
    This section applies to acts performed negligently or unlawfully that have the potential to spread diseases dangerous to human life. The term “negligent” includes careless actions, while “unlawful” refers to activities that are illegal in nature.
  2. Knowledge or Belief
    A person is covered under this law if they know or have reason to believe their action could likely spread the infection. Ignorance or lack of knowledge is not a valid defense if the person should reasonably have known the consequences.
  3. Impact on Public Health
    The primary focus of this section is to protect public health from avoidable risks caused by negligent or unlawful acts. It emphasizes the need for individual responsibility in preventing the spread of infectious diseases.
  4. Punishment Criteria
    The section prescribes a maximum imprisonment term of six months, a fine, or both. The court decides the severity of the punishment based on the nature and impact of the offence.
  5. Cognizability
    Offences under this section are cognizable, meaning the police can register a case and arrest the offender without prior approval from the court.
  6. Bailability
    The offence is bailable, allowing the accused to secure bail and avoid pre-trial detention.
  7. Non-compoundable Nature
    The offence is non-compoundable, meaning it cannot be settled between the complainant and the accused. This ensures that public health concerns take precedence over private agreements.
  8. Trial Procedure
    Cases under this section are triable by any Magistrate, making it accessible for quick legal action in local courts.
  9. Legal Obligation
    The section creates a legal obligation for individuals to act responsibly and avoid spreading diseases. It aims to enforce preventive behavior during epidemics or pandemics.
  10. Purpose of the Law
    The law ensures that people take reasonable care to prevent the spread of life-threatening diseases, especially in a densely populated country like India, where such negligence can have severe consequences.

Two Examples of BNS Section 271

  1. Example 1: Negligent Handling of a COVID-19 Patient
    A person, aware that they tested positive for COVID-19, attends a crowded event without taking precautions. Their actions risk spreading the virus to many others, leading to this section’s applicability.
  2. Example 2: Unlawful Dumping of Infectious Medical Waste
    A hospital disposes of used syringes and infected materials in an open area, exposing nearby residents to dangerous infections. This act falls under Section 271 for negligently spreading disease.

BNS 271 Punishment

  1. Imprisonment: Up to six months.
  2. Fine: Can be imposed alone or in addition to imprisonment.

Punishment details for BNS Section 271 violations of spreading dangerous diseases negligently.
BNS Section 271 punishes actions risking public health through disease spread.

BNS 271 bailable or not ?

Yes, BNS Section 271 is bailable. This means the accused has the legal right to apply for bail, which can be granted by the authorities without requiring prolonged detention.


Bharatiya Nyaya Sanhita Section 271

PointsDetails
Section Number271
DescriptionNegligent acts likely to spread infections dangerous to life.
PunishmentImprisonment up to 6 months, fine, or both.
CognizabilityCognizable offence.
BailabilityBailable.
CompoundingNon-compoundable.
Triable ByAny Magistrate.
Key FocusPreventing negligent actions that harm public health.
Bharatiya Nyaya Sanhita Section 271

BNS Section 271 FAQs

What is covered under BNS Section 271?

What is the punishment for such acts?

The punishment includes imprisonment of up to six months, a fine, or both.

BNS 271 offence bailable?

Who tries cases under this BNS Section 271 ?


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