BACK TO SECTIONS
IPC 1860REPEALED

Section 269

Negligent act likely to spread infection of disease dangerous to life

Replaced by: BNS 271

BailableCognizable: CognizableAny Magistrate
THE STATUTE

Original Text

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...

Simplified

Section 269 penalises careless acts that risk spreading dangerous diseases. The COVID-19 pandemic dramatically revived this provision — violating quarantine requirements, refusing to wear masks when infected, and ignoring isolation protocols were all prosecuted under Section 269. The 'negligent' standard distinguishes this from Section 270 (malignant spread) — negligence involves failure to exercise reasonable care, while malignance involves deliberate or reckless disregard. The provision applies to any act that could spread any disease 'dangerous to life' — tuberculosis, COVID-19, cholera, and other communicable diseases all qualify.

Legal Evolution

Section 269 was enacted in response to the colonial government's experience with epidemic diseases including cholera, plague, and smallpox. It targets negligent rather than intentional spreading of infection — the corresponding intentional act being the more serious Section 270. The provision gained renewed relevance during the COVID-19 pandemic, with numerous FIRs filed against persons allegedly violating quarantine and spreading infection.

Landmark Precedents

Saurabh Chaudri v. Union of India (2003)

(2003) 11 SCC 146
RELEVANCE

Discussed applicability of Section 269 in epidemic contexts — quarantine violations by persons knowing they are infected constitute negligent spread of infection.

Practical Scenarios

"A person who knows they have a contagious fever travelling in a crowded train without precautions — Section 269."

Common Queries

Yes — multiple courts held that knowingly violating quarantine or mask mandates when one is likely infected constitutes a negligent act likely to spread disease under Section 269.