The Epidemic Diseases Act, 1897

Section 1 - Short title and extent

(1) This Act may be called the Epidemic Diseases Act, 1897.

(2) It extends to the whole of India.

Section 1A - Definitions

For the purposes of the Act, the 2020 amendment introduced definitions including:

"Act of violence" includes harassment affecting the living or working conditions of healthcare service personnel and preventing discharge of duties; harm, injury, hurt, intimidation or danger to life; obstruction or hindrance in discharge of duties; and loss or damage to property or documents connected with such personnel.

"Healthcare service personnel" includes public and clinical healthcare providers such as doctors, nurses, paramedical workers and community health workers; persons empowered under the Act to take epidemic-control measures; and persons notified by a State Government.

"Property" includes clinical establishments, facilities identified for quarantine and isolation, mobile medical units, and other property in which healthcare service personnel have a direct interest relating to the epidemic.

The Act also adopts relevant meanings from the Indian Ports Act, 1908, the Aircraft Act, 1934 and the Land Ports Authority of India Act, 2010 where applicable.

Section 2 - Power to take special measures and prescribe regulations

(1) Where a State Government is satisfied that the State or any part of it is visited by, or threatened with, an outbreak of a dangerous epidemic disease and ordinary law is insufficient, it may take or require measures and, by public notice, prescribe temporary regulations considered necessary to prevent the outbreak or spread of the disease. It may also determine how expenses, including compensation if any, are to be defrayed.

(2) The State Government may in particular provide for inspection of persons travelling by railway or otherwise and for segregation, in hospital, temporary accommodation or otherwise, of persons suspected by the inspecting officer of being infected.

Section 2A - Powers of Central Government

When the Central Government is satisfied that India or any part thereof is visited by, or threatened with, an outbreak of a dangerous epidemic disease and ordinary law is insufficient, it may take measures and prescribe regulations for inspection of any bus, train, goods vehicle, ship, vessel or aircraft leaving or arriving at any land port, port or aerodrome, and for detention of such conveyance or any person intending to travel in or arriving by it, as may be necessary.

Section 2B - Prohibition of violence against healthcare service personnel and damage to property

No person shall indulge in any act of violence against healthcare service personnel or cause damage or loss to property during an epidemic.

Section 3 - Penalty

(1) Disobedience of a regulation or order made under the Act is, in the statutory text, deemed an offence punishable under section 188 of the Indian Penal Code, 1860.

(2) A person who commits or abets an act of violence against healthcare service personnel, or abets or causes damage or loss to property, is punishable with imprisonment of not less than three months and up to five years, and a fine of not less than ₹50,000 and up to ₹2 lakh.

(3) Where an act of violence causes grievous hurt to healthcare service personnel, punishment is imprisonment of not less than six months and up to seven years, and a fine of not less than ₹1 lakh and up to ₹5 lakh.

Section 3A - Cognizance, investigation and trial of offences

For offences under Section 3(2) or 3(3):

(i) the offence is cognizable and non-bailable; (ii) investigation must be by a police officer not below the rank of Inspector; (iii) investigation is to be completed within 30 days from registration of the FIR; and (iv) inquiry or trial is to proceed as expeditiously as possible, with an endeavour to conclude it within one year. If not concluded within that period, reasons must be recorded; further extensions may be granted for recorded reasons, not exceeding six months at a time.

Section 3B - Composition of certain offences

Where a person is prosecuted for an offence punishable under Section 3(2), the offence may, with the permission of the Court, be compounded by the person against whom the act of violence was committed.

Section 3C - Presumption as to certain offences

Where a person is prosecuted for an offence punishable under Section 3(3), the Court shall presume that the person committed the offence unless the contrary is proved.

Section 3D - Presumption of culpable mental state

In a prosecution under Section 3(3) requiring a culpable mental state, the Court shall presume its existence, while allowing the accused to prove that such mental state did not exist in relation to the charged act. "Culpable mental state" includes intention, motive, knowledge of a fact, and belief in or reason to believe a fact.

Section 3E - Compensation for acts of violence

(1) In addition to criminal punishment under Section 3(2) or 3(3), a convicted person is liable to pay compensation, as determined by the Court, for hurt or grievous hurt caused to healthcare service personnel.

(2) For damage to property or other loss, compensation is twice the fair market value of the damaged property or the loss caused, as determined by the Court, notwithstanding composition under Section 3B.

(3) Unpaid compensation is recoverable as an arrear of land revenue under the Revenue Recovery Act, 1890.

Section 4 - Protection to persons acting under the Act

No suit or other legal proceeding shall lie against any person for anything done, or in good faith intended to be done, under the Act.