âLaw Masterâs Publicationâ
âOffences affecting Public Healthâ
Prof. Santosh D. Bhosale
237
(..26..)
OFFENCES AFFECTING PUBLIC HEALTH
(Ss. 271 to 280)
QUESTION BANK
Q. 1 Enumerate the offences affecting Public Health as defined in BNS?
Q. 2 What constitutes a public nuisance? Explain with illustrations.
SHORT NOTES
1. Public Health
SYNOPSIS
I. Introduction-
II. OFFENCES AFFECTING PUBLIC HEALTH (S. 271 to 280)-
A.
Acts Likely to Spread Infection (S. 271 to 273):-
1) Negligent Act Likely to Spread Infection of a Disease Dangerous
to Life (S. 271):-
2) Malignant Act Likely to Spread Infection of Disease Dangerous to
Life (S. 272):-
3)
Adulteration of Food or Drink (S. 274 & 275):-
1) Adulteration of food or drink intended for sale (S. 274)-
Willful Disobedience to Quarantine Rule (S. 273):-
B.
C.
2) Sale of noxious food or drink (S. 275)-
Adulteration of Drugs (S. 276 to 278):-
1) Adulteration of drugs (S. 276)-
âLaw Masterâs Publicationâ
2) Sale of adulterated drugs (S. 277)-
3) Sale of a drug as a different drug or preparation (S. 278)-
D. Polluting environment (S. 279 and 280).
âOffences affecting Public Healthâ
Prof. Santosh D. Bhosale
238
1)
2)
Fauling water of a public spring or reservoir (S. 279)-
Making the atmosphere noxious to health (S. 280)-
I. Introduction-
Under the Bharatiya Nyaya Sanhita (BNS), 2023, the offences affecting the
collective well-being of society are consolidated in Chapter XV (Sections 270 to 297).
This chapter replaces Chapter XIV of the old IPC. Its primary goal is to maintain standards
of hygiene, safety, and morality in public life. The law views these not just as individual
wrongs, but as crimes against society at large.
The chapter can broadly be divided into the following four topics, viz.
1)
2)
3)
Offences affecting public health (S. 271 to 280).
Offences affecting public safety (S. 281 to 291), and [Discussed in Chapter 27]
Offences affecting public convenience (S. 270, 285, 292 and 293), [Discussed in
Chapter 28]
4)
Offences affecting decency and morality (S. 294 to 297)- [Discussed in Chapter 29]
In this topic, we will discuss-
II. OFFENCES AFFECTING PUBLIC HEALTH (S. 271 to 280)-
These sections punish acts that damage the physical health of the community, such
as spreading disease, adulteration of food and drug or polluting the environment. In this
topic we will discuss them as follows-
A.
These sections deal with acts that contribute to the spread of dangerous diseases.
They are particularly relevant in the context of epidemics or pandemics like COVID-19,
Swine flu, etc.
1)
271):-
whoever-
i) unlawfully,
or
does any act, which
i) he knows, or
likely to spread the infection of
any disease dangerous
ii) negligently
ii) has reason to believe to to life,
be
1
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âLaw Masterâs Publicationâ
âOffences affecting Public Healthâ
Prof. Santosh D. Bhosale
239
- shall be punished with imprisonment up to 6 months, or fine or with both.
2)
Malignant Act Likely to Spread Infection of Disease Dangerous to Life (S. 272):-
In fact, the wording of S. 271 and S. 272 is similar, except for the type of specific
type of mens rea and punishment prescribed thereto.
As per S. 272 whoever -
malignantly
does any act, which
i) he knows, or
ii) 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 fine or with both.
Thus, S. 272 is an aggravated form of S. 271. These two sections prescribe
punishment for spreading infections like plague, cholera, smallpox, coronavirus, etc.
3)
Willful Disobedience to Quarantine Rule (S. 273):-
The section criminalises the disobedience of any rule explicitly made and
promulgated by the government to regulate the intercourse or contact between places where
an infectious disease prevails and other areas. Designed to enforce essential public health
measures like quarantine, isolation, or travel bans during epidemics, this provision treats
the violation of such state orders as a direct threat to community safety. Anyone who
knowingly defies these regulations is liable to be punished. The section prescribes
punishment of imprisonment up to 6 months or a fine or both to the person who violates
âquarantine rulesâ.
B.
Adulteration of Food or Drink (S. 274 & 275):-
These sections aim to ensure that food sold to the public is not harmful.
Adulteration of food or drink intended for sale (S. 274)-
1)
The section prescribes punishment for adulteration of food or drink so as to make
it noxious, as food or drink which is intended for sale. The punishment prescribed is
imprisonment for up to six months, or with a fine up to Rs. 5000/- or with both.
2) Sale of noxious food or drink (S. 275)-
The section prescribes punishment for offering for sale or exposing for sale as food
or drink any article which has been rendered or has become noxious or unfit for food or
drink. The punishment prescribed for the offence is the same as above in S. 274.
C.
Adulteration of Drugs (S. 276 to 278):-
Strict liability is applied here to prevent medical fraud and unsafe pharmaceuticals.
The group of these sections consist of offences relating to the adulteration of drugs-
1) Adulteration of drugs (S. 276)-
The section penalizes anyone who alters a drug or medical preparation in a way that
âLaw Masterâs Publicationâ
âOffences affecting Public Healthâ
Prof. Santosh D. Bhosale
240
reduces its effectiveness (lessens efficacy), changes how it works (changes operation), or
makes it harmful (noxious). The section provides punishment to the person who causes
adulteration of a drug or medical preparation so as to lessen its efficacy, change its
operation or render it noxious. The punishment provided is imprisonment up to one year
or a fine up to Rs. 5000/- or with both.
2) Sale of adulterated drugs (S. 277)-
The section punishes knowingly selling or causing to be used for medicinal purposes
any adulterated drug. The punishment prescribed is imprisonment up to or a fine up to Rs.
5000/- or both.
3)
Sale of a drug as a different drug or preparation (S. 278)-
The section prescribes punishment for selling or offering for sale or exposing for
sale or issues from the dispensary for medicinal purposes any drug or medical preparation
as a different drug or medical preparation. For example, selling a cheap saline solution
labeled as a high-cost antibiotic.
The punishment prescribed is imprisonment up to or a fine up to Rs. 5000/- or both.
D. Polluting environment (S. 279 and 280).
These sections protect public resources like water and atmosphere from causing
voluntary pollution. The group of two sections prescribe punishment for fouling water
and making an atmosphere noxious to health-
1)
Fauling water of a public spring or reservoir (S. 279)-
The section prescribes punishment for voluntarily corrupting or fouling the water of
a public spring or reservoir so as to render it less fit for the purpose for which it is ordinarily
used. The punishment prescribed is imprisonment up to six months and a fine of up to
rupees 5000 or both.
2)
Making the atmosphere noxious to health (S. 280)-
The section prescribes punishment for voluntarily vitiating the atmosphere so as to
make it noxious to public health. Whosoever commits the offence is liable for fine up to
Rs. 1000/-.
*****
References-
1. OFFENCES AFFECTING PUBLIC HEALTH, SAFETY, CONVENIENCE,
DECENCY, MORALS, -
2. âThe Bharatiya Nyaya Sanhitaâ
âLaw Masterâs Publicationâ
âOffences affecting Public Healthâ
Prof. Santosh D. Bhosale
241
4. âBHARATIYA NYAYA SANHITAâ 2023 J.K.VERMA
5. READY RECKONER OF OFFENCES AFFECTING THE PUBLIC HEALTH,
SAFETY, CONVENIENCE, DECENCY AND MORALS,
6. The Bharatiya Nyaya Sanhita