BACK TO SECTIONS(1998) 1 SCC 226
IPC 1860REPEALED
Section 270
Malignant act likely to spread infection of disease dangerous to life
Replaced by: BNS 272
BailableCognizable: CognizableAny Magistrate
THE STATUTE
Original Text
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...
Simplified
Section 270 escalates Section 269's negligence to malignance — deliberate or reckless disregard for the consequences of spreading disease. While Section 269 covers careless acts (forgetting to wear a mask), Section 270 covers deliberate acts (intentionally coughing on others knowing you are infectious) or extreme recklessness. The higher punishment (2 years vs 6 months) reflects the greater moral culpability. In the COVID-19 context, persons who deliberately spat on police officers or healthcare workers while claiming to be infected were charged under Section 270. The 'malignant' element distinguishes this as a form of deliberately harmful conduct rather than mere carelessness.
Landmark Precedents
Vineet Narain v. Union of India (1998)
RELEVANCE
Discussed public health obligations and the distinction between negligent and malignant conduct — malignance in Section 270 requires deliberate intent or extreme recklessness.
Practical Scenarios
"A person who has COVID-19 intentionally coughing on others in a public place — Section 270."
"Deliberately contaminating a community water supply — Section 270."
Common Queries
It implies a deliberate intent to spread the disease or an act done with extreme recklessness and ill-will toward the consequences for others.