Section 271 BNS: Negligent Act Likely to Spread Infection of Disease Dangerous to Life
Section 271 of the Bharatiya Nyaya Sanhita, 2023 deals with an unlawful or negligent act that is likely to spread the infection of a disease dangerous to life, where the person knows or has reason to believe that the act is likely to spread such infection.
Section 271 BNS - statutory provision
271. Negligent act likely to spread infection of disease dangerous to life.
Whoever unlawfully or negligently 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 of either description for a term which may extend to six months, or with fine, or with both.
The provision therefore combines two important ideas: first, the act must be unlawful or negligent and likely to spread infection of a disease dangerous to life; second, the accused must know, or have reason to believe, that the act is likely to produce that risk.
The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. Section 271 forms part of Chapter XV, which deals with offences affecting public health, safety, convenience, decency and morals. The Sanhita came into force on July 1, 2024, subject to the commencement notification issued by the Central Government.
Essential ingredients of an offence under Section 271 BNS
For Section 271 to apply, the factual allegations must disclose the statutory elements of the offence. In practical terms, the prosecution must establish that:
- the accused did an act unlawfully or negligently;
- the act was likely to spread infection of a disease dangerous to life;
- the accused knew, or had reason to believe, that the act was likely to spread such infection; and
- the required connection existed between the alleged conduct and the risk of spreading the infection.
Punishment, bail and trial under Section 271 BNS
| Offence | Negligent act likely to spread infection of a disease dangerous to life |
|---|---|
| Maximum punishment | Imprisonment of either description up to six months, or fine, or both |
| Cognizable | Yes |
| Bailable | Yes |
| Triable by | Any Magistrate |
The procedural classification is governed by the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. A cognizable classification concerns police powers under criminal procedure, while a bailable classification means bail is available as provided by law for bailable offences.
Section 271 and Section 272 BNS: negligent and malignant acts
Section 271 addresses unlawful or negligent conduct likely to spread infection. The immediately succeeding Section 272 BNS addresses a malignant act likely to spread infection of a disease dangerous to life. The distinction is significant because Section 272 deals with more blameworthy or deliberate conduct and carries a higher maximum punishment.
Practical legal meaning
Mere presence of an illness does not by itself state the whole offence. The statutory language requires an unlawful or negligent act, a likelihood of spreading a disease dangerous to life, and knowledge or reason to believe that the act is likely to spread the infection. Whether those requirements are met must be assessed on the facts of the case.
Where an FIR, complaint or charge invokes Section 271, the allegations should therefore be examined against each ingredient rather than only against the label of the offence.
Frequently asked questions
What is the punishment under Section 271 BNS?
The maximum punishment is imprisonment of either description for up to six months, or fine, or both.
Is Section 271 BNS bailable?
Yes. The offence is classified as bailable.
Is Section 271 BNS cognizable?
Yes. It is classified as cognizable under the applicable criminal procedure schedule.
Which court can try an offence under Section 271 BNS?
The offence is triable by any Magistrate.
When did the BNS come into force?
The Bharatiya Nyaya Sanhita, 2023 came into force on July 1, 2024, except as otherwise provided in the commencement notification.
This page is intended for general legal information. Statutory text, notifications and the facts of a particular case should be checked before taking legal action.