Section 272 BNS: Malignant act likely to spread infection of disease dangerous to life

Bharatiya Nyaya Sanhita, 2023

Section 272 BNS at a Glance

Section 272 BNS deals with malignant act likely to spread infection of disease dangerous to life. It is bailable and cognizable, triable by any Magistrate; it replaced Section 270 IPC on 1 July 2024.

Punishment

Imprisonment of either description for up to two years under Section 272 BNS.

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

Section 270 →

Section 272 BNS Bare Act Text

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.

Source: Section 272, Bharatiya Nyaya Sanhita, 2023

Section 272 BNS in Simple Words

Section 272 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with a person who malignantly does any act that is, and that he knows or has reason to believe to be, likely to spread the infection of a disease dangerous to life. The focus is on the malicious or deliberate nature of the act and the risk it creates, not on whether actual spread took place. If a person acts malignantly with awareness or reason to believe that their conduct can spread a life-threatening disease, this section applies.

It is relevant in situations involving public health, isolation rules, and deliberate exposure during outbreaks. In practice, the police and courts look at whether the act was done malignantly, the person's knowledge or reason to believe that the act would spread infection, and whether the disease is dangerous to life. The offence is punishable with imprisonment of either description for up to two years, or with fine, or with both.

Ingredients of Section 272 BNS

  • Malignantly 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 272 BNS

Imprisonment

Imprisonment of either description for up to two years under Section 272 BNS.

Fine

Punishable with fine alone or in addition to imprisonment under Section 272 BNS.

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

Section 272 BNS prescribes imprisonment of either description for a term which may extend to two years, or fine, or both.

Example of Section 272 BNS

Suresh is dismissed from his job at a pathology laboratory in Bhopal. Seeking revenge against the laboratory owner, he takes discarded vials containing active cultures of a lethal infectious pathogen and intentionally empties them into the open drinking water tank supplying the staff canteen, knowing and intending that people will drink from it. Suresh does the act malignantly, and it is likely to spread an infection dangerous to life. Suresh is liable under Section 272 BNS.

When Section 272 BNS Does Not Apply

  • The act was not done malignantly
  • 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 272 BNS in the IPC (Previous Law)

Section 272 BNS replaces Section 270 IPC from the old criminal code.

Section 270 IPC is now Section 272 BNS. The title, the statutory wording, and the punishment of imprisonment for up to two years, or fine, or both remain word for word the same.

View IPC Section 270 →

FAQs on Section 272 BNS

Under Section 272 BNS, does actual spread of disease have to be proved?▼

No. The law targets acts that are likely to spread infection, so actual transmission is not necessary. The prosecution must show the act created a real risk of spreading a dangerous disease.

Can Section 272 BNS apply if the person did not know they were infected?▼

Usually, knowledge or reason to believe the risk is a key part of the case. If the person had no awareness and no reasonable basis to know, the charge becomes harder to prove. The facts and medical evidence matter a lot.

Is the offence under Section 272 BNS bailable?▼

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

Why is Section 272 BNS still relevant today?▼

It is used when a person’s conduct puts others at risk of a serious infectious disease. It remains useful in public health enforcement, especially where there is deliberate or reckless exposure.

Have questions about Section 272 BNS?

Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.

Ask NyayGuru →

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 ·