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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) Willful Disobedience to Quarantine Rule (S. 273):-

B. Adulteration of Food or Drink (S. 274 & 275):-

1) Adulteration of food or drink intended for sale (S. 274)-

2) Sale of noxious food or drink (S. 275)-

C. Adulteration of Drugs (S. 276 to 278):-

1) Adulteration of drugs (S. 276)-

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).

1) Fauling water of a public spring or reservoir (S. 279)-

2) 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) Offences affecting public health (S. 271 to 280).

2) Offences affecting public safety (S. 281 to 291), and [Discussed in Chapter 27]

3) 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. Acts Likely to Spread Infection (S. 271 to 273):-

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) Negligent Act Likely to Spread Infection of a Disease Dangerous to Life (S. 271):-

i) unlawfully,

ii) negligently

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,

whoever-

- 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.

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,

As per S. 272 whoever -

- 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 ‘quarantine rules’.

B. Adulteration of Food or Drink (S. 274 & 275):-

These sections aim to ensure that food sold to the public is not harmful.

1) Adulteration of food or drink intended for sale (S. 274)-

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 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/-.

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References-

1. Offences affecting Public Health, Safety, Convenience, Decency, Morals, -

https://blog.ipleaders.in/offences-relating-public-health-safety-convenience-decency-morals/

2. “The Bharatiya Nyaya Sanhita” https://www.indiacode.nic.in/bitstream/123456789/20062/1/a2023-45.pdf

3. “BNS” https://devgan.in/bns/chapter_18.php

4. “BHARATIYA NYAYA SANHITA” 2023 J.K.VERMA

5. READY RECKONER OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS, https://bprd.nic.in/uploads/pdf/202402021151599407861PublicHealth.pdf

6. The Bharatiya Nyaya Sanhita https://www.indiacode.nic.in/handle/123456789/20062#:~:text=CHAPTER%20XV,SAFETY%2C%20CONVENIENCE%2C%20DECENCY%20AND%20MORALS