Bharatiya Nyaya Sanhita, 2023 > Section 273

Section 273 BNS: Disobedience to Quarantine Rule

Section 273 of the Bharatiya Nyaya Sanhita, 2023 deals with knowing disobedience of a Government rule relating to quarantine of a mode of transport or regulation of intercourse connected with quarantined transport or places affected by an infectious disease.

Text of Section 273 BNS

Meaning of Section 273 BNS

The provision is intended to enforce Government quarantine rules designed to control movement or contact in situations involving infectious disease. Liability under the section is tied to a rule made by the Government and to a person knowingly disobeying that rule.

The word "knowingly" is important. The section is framed around conscious disobedience rather than a purely accidental failure to comply. In an actual prosecution, the precise Government rule, its applicability, the alleged act of disobedience and the evidence relating to knowledge would therefore be material.

Essential Ingredients of the Offence

1. There must be a rule made by the Government relating to quarantine or regulated intercourse of the kind described in Section 273.
2. The rule must concern a mode of transport placed in quarantine, the intercourse of quarantined transport, or intercourse between an infectious-disease affected place and other places.
3. The accused must disobey that rule.
4. The disobedience must be knowing.

Punishment under Section 273 BNS

A person convicted under Section 273 may be punished with imprisonment of either description for a term extending up to six months, or with fine, or with both.

Section 273 itself does not specify a fixed amount of fine. The sentence in a particular case is subject to the applicable procedural law and the judicial determination of the competent court.

When Section 273 May Apply

The provision can become relevant where a valid Government quarantine rule regulates the movement, contact or intercourse of a quarantined mode of transport, or regulates intercourse between an area affected by infectious disease and another place, and a person knowingly breaches that rule.

Important: Section 273 does not itself create every quarantine restriction. It penalizes knowing disobedience of a qualifying rule made by the Government. The actual rule or notification relied upon in a case should therefore be identified and examined separately.

Related BNS Provisions

Section 273 appears alongside other public-health offences in the Bharatiya Nyaya Sanhita. The immediately preceding provisions address negligent and malignant acts likely to spread infection of a disease dangerous to life, while the following provisions deal with matters such as adulteration of food or drink and related public-health risks.

• Section 271 - Negligent act likely to spread infection of disease dangerous to life
• Section 272 - Malignant act likely to spread infection of disease dangerous to life
• Section 274 - Adulteration of food or drink intended for sale
• Section 275 - Sale of noxious food or drink

Commencement of the Bharatiya Nyaya Sanhita

The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. Its provisions came into force on 1 July 2024, except the separately notified provision of Section 106(2). Section 273 is therefore part of the operative BNS framework.

Practical Legal Point

For a Section 273 allegation, the text of the applicable Government rule or notification is central. A legal assessment should ordinarily verify the authority that issued the rule, the area or transport to which it applied, its period of operation, whether the accused was bound by it, and whether the alleged breach was committed knowingly.