Section 272 BNS: Malignant Act Likely to Spread Infection of Disease Dangerous to Life
Section 272 of the Bharatiya Nyaya Sanhita, 2023 applies where a person malignantly does an act which is likely to spread the infection of a disease dangerous to life and knows, or has reason to believe, that the act is likely to spread such infection.
Section 272 BNS - statutory provision
272. Malignant act likely to spread infection of disease dangerous to life.
Whoever malignantly 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 two years, or with fine, or with both.
Section 272 is part of Chapter XV of the Bharatiya Nyaya Sanhita, 2023, which deals with offences affecting public health, safety, convenience, decency and morals. The provision focuses on conduct that is described by the statute as malignant, rather than merely negligent.
The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. It came into force on July 1, 2024, except for the provision specifically excluded by the commencement notification.
Essential ingredients of Section 272 BNS
For an allegation under Section 272 to satisfy the statutory language, the facts must disclose the following elements:
- the accused did an act malignantly;
- the act was likely to spread the 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
- there was a factual connection between the alleged act and the likelihood of spreading the infection.
Punishment, cognizable status, bail and trial
| Offence | Malignant act likely to spread infection of a disease dangerous to life |
|---|---|
| Maximum punishment | Imprisonment of either description up to two years, or fine, or both |
| Cognizable | Yes |
| Bailable | Yes |
| Triable by | Any Magistrate |
The classification of the offence is contained in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. Under that Schedule, a cognizable offence is one in which a police officer may arrest without warrant, subject to the requirements and safeguards of the applicable criminal procedure law.
Difference between Section 271 and Section 272 BNS
Section 271 BNS addresses an unlawful or negligent act likely to spread infection of a disease dangerous to life. Section 272, by contrast, uses the expression "malignantly" and carries a higher maximum sentence.
| Provision | Section 271 BNS | Section 272 BNS |
|---|---|---|
| Nature of conduct | Unlawful or negligent act | Malignant act |
| Maximum imprisonment | Six months | Two years |
Both provisions require that the accused knows or has reason to believe that the act is likely to spread the infection of a disease dangerous to life. The distinction between negligence and malignant conduct is therefore central when considering which section may apply.
Practical legal meaning of Section 272
The existence of a disease by itself is not the complete offence. The statutory wording requires a malignant act, a likelihood that the act will spread a disease dangerous to life, and the required knowledge or reason to believe.
When an FIR, complaint or charge invokes Section 272, the allegations should be tested against each ingredient of the section. Whether the evidence ultimately proves those elements is a matter for investigation and, where applicable, judicial determination.
Frequently asked questions
What is the punishment under Section 272 BNS?
The maximum punishment is imprisonment of either description for up to two years, or fine, or both.
Is Section 272 BNS bailable?
Yes. The offence is classified as bailable.
Is Section 272 BNS cognizable?
Yes. The offence is classified as cognizable.
Which court can try an offence under Section 272 BNS?
The offence is triable by any Magistrate.
When did Section 272 BNS become applicable?
The Bharatiya Nyaya Sanhita, 2023 came into force on July 1, 2024, subject to the terms of the Central Government commencement notification.
This page provides general legal information. The statutory text, applicable procedural law, notifications and facts of a particular matter should be verified before legal action is taken.