Section 271 BNS: Negligent act likely to spread infection of disease dangerous to life

Bharatiya Nyaya Sanhita, 2023

Section 271 BNS at a Glance

Section 271 BNS deals with negligent act likely to spread infection of disease dangerous to life. It is bailable and cognizable, triable by any Magistrate; it replaced Section 269 IPC on 1 July 2024.

Punishment

Imprisonment of either description for up to six months under Section 271 BNS.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ
IPC Equivalent

Section 269 →

Section 271 BNS Bare Act Text

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.

Source: Section 271, Bharatiya Nyaya Sanhita, 2023

Section 271 BNS in Simple Words

Section 271 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with a negligent act that is likely to spread an infection of a disease dangerous to life. It applies when a person acts carelessly, not necessarily with a bad intention, but in a way that creates a real risk of spreading a serious disease. The focus is on negligence and the likelihood of harm, not on whether actual spread took place. This section is often relevant where a person knowingly ignores basic precautions during an outbreak or while carrying an infectious disease.

For example, if someone with a dangerous infection behaves in a way that exposes others to risk, this provision may be used. In practice, police and courts look at the nature of the disease, the conduct of the person, and whether the act was likely to endanger public health. It matters because it gives the law a tool to deal with reckless behaviour before wider harm occurs.

Ingredients of Section 271 BNS

  • Unlawfully or negligently doing an act
  • The act being likely to spread the infection of a disease dangerous to life
  • Knowing or having reason to believe that the act is likely to spread that infection

Punishment Under Section 271 BNS

Imprisonment

Imprisonment of either description for up to six months under Section 271 BNS.

Fine

Punishable with fine alone or in addition to imprisonment under Section 271 BNS.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

Section 271 BNS prescribes imprisonment of either description for a term which may extend to six months, or fine, or both.

Example of Section 271 BNS

Kavita tests positive for cholera at a district hospital in Meerut and is instructed in writing by the medical officer to remain in strict home isolation. Instead, she opens a fresh juice stall outside the railway station the next morning, serving beverages in hand-washed glasses. Cholera is an infectious disease dangerous to life, and Kavita knows her diagnosis and the risk of contamination. Kavita is liable under Section 271 BNS.

When Section 271 BNS Does Not Apply

  • The act was neither unlawful nor negligent
  • The act was not in fact likely to spread the infection of a disease dangerous to life
  • The person did not know and had no reason to believe that the act was likely to spread the infection
  • The disease is not one dangerous to life

Section 271 BNS in the IPC (Previous Law)

Section 271 BNS replaces Section 269 IPC from the old criminal code.

Section 269 IPC is now Section 271 BNS. The title, the statutory wording, and the punishment of imprisonment for up to six months, or fine, or both remain word for word the same.

View IPC Section 269 →

FAQs on Section 271 BNS

Is actual spread of disease necessary for Section 271 BNS?▼

No. The law focuses on whether the act was likely to spread infection. Actual transmission is not required if the negligent conduct created a real risk.

Under Section 271 BNS, can a person be punished if they had no intention to infect anyone?▼

Yes. Section 271 BNS is based on negligence, not intention. If the person failed to take reasonable care and their act was likely to spread a dangerous infection, liability can arise.

Is the offence under Section 271 BNS bailable?▼

Yes, it is generally bailable. In practice, the accused can usually seek bail as a matter of right, subject to procedure and facts of the case.

What kind of situations can lead to a charge under Section 271 BNS?▼

Cases may arise during outbreaks, quarantine breaches, or careless conduct by a person carrying a dangerous infection. The exact facts matter a lot, especially the level of risk created and the precautions ignored.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·