penal-provisions-enforcing-the-lockdown-orders-in-various-states-summary

Context: During the current COVID-19 outbreak, penal provisions, such as Sections 188, 269 and 270 of the IPC, are being invoked to enforce the lockdown orders in various states.

Various Indian Penal Code sections that may be invoked against an individual who violates lockdown orders







 

Sections 269,270 and 271

These sections come under Chapter XIV of the Indian Penal Code – ‘Of Offences Affecting The Public Health, Safety, Convenience, Decency and Morals’.

 
  • Sections 269:
    • Imposed for ‘Negligent act likely to spread infection of disease dangerous to life’
    • Penalties: A jail term of six months and/or fine
    • Cognizable, Bailable
  • Section 270
    • Imposed for ‘Malignant act likely to spread infection of disease dangerous to life. The word ‘malignantly’ indicates a deliberate intention on the part of the accused.
    • Penalties: A jail term of two years and/or fine
    • Cognizable, Bailable
  • Section 271
    • Imposed for Disobedience to quarantine rule.
    • Penalties:Imprisonment of either description for a term which may extend to six months, or with fine, or with both.
    • Non-cognizable, Bailable

Section 188 

  • Disobedience to order duly promulgated by public servant 
  • Cognizable, bailable
  • Explanation - It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm.

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