Negligently or Malignantly Spreading Infection Under the BNS (Sections 271 and 272): IPC 269 Mapping (2026)

Explainer · New Criminal Code · BNS

Updated for 2026 · Claw Editorial

A person who knows they carry a dangerous infection goes out among others and spreads it. Someone breaks a quarantine. An act, careless or deliberate, puts the public at risk of a disease that can kill. The law treats this as a crime, because the harm is not to one person but to many. Under the new criminal code, these offences are Sections 271 and 272 of the Bharatiya Nyaya Sanhita, 2023, which replaced Sections 269 and 270 of the old Indian Penal Code. Section 271 covers the negligent act, and Section 272 covers the deliberate one. This explainer sets out what each covers, the exact old to new mapping, and the punishment. Last verified October 2026.

01The problem: a disease that can kill

A dangerous disease spreads through contact and carelessness. One person’s act can put a whole community at risk. The law has long recognised this, and it punishes acts that are likely to spread the infection of a disease dangerous to life, whether done through carelessness or on purpose.

These offences drew wide attention during public health emergencies, when breaking isolation or quarantine rules could endanger many people. The new criminal code keeps the two offences, one for the negligent act and one for the deliberate act, and sets a heavier punishment for the deliberate one.

They sit among the offences affecting public health in the Bharatiya Nyaya Sanhita, 2023.

02Section 271: the negligent act

Section 271 of the BNS punishes a person who unlawfully or negligently does an act that they know, or have reason to believe, is likely to spread the infection of a disease dangerous to life.

The punishment is imprisonment of either description up to six months, or a fine, or both. This is the lower of the two offences, because the act is careless rather than deliberate.

03Section 272: the malignant act

Section 272 of the BNS punishes a person who malignantly does an act that they know, or have reason to believe, is likely to spread the infection of a disease dangerous to life.

The punishment is imprisonment of either description up to two years, or a fine, or both. The word malignantly is what sets this apart from Section 271. It means the act is done deliberately, with a harmful state of mind, not merely by carelessness.

The line between the two sections is the state of mind. Carelessness is Section 271. A deliberate, malignant act is Section 272, with four times the maximum prison term.

04Old to new: IPC 269 and 270

The mapping is direct, and the punishment is unchanged. Section 269 of the Indian Penal Code, 1860, is now Section 271 of the BNS, and Section 270 is now Section 272.

Because the substance and the punishment are the same, judgments under the old sections continue to guide the new ones. The only change of note is the section number.

05The ingredients of the offence

Both sections share the same core elements. The difference is only in the state of mind.

• An act. There must be an act by the accused, not a mere condition or status.
• Likely to spread infection. The act must be likely to spread the infection of a disease that is dangerous to life.
• Knowledge. The person must know, or have reason to believe, that the act is likely to spread that infection.
• State of mind. For Section 271, the act is negligent or unlawful. For Section 272, it is malignant, meaning deliberate.

Note that special health laws may also apply to the same facts, and a case can be charged under those laws as well as the BNS.

06Practical points

• Pick the correct section. Carelessness points to Section 271. A deliberate act points to Section 272, which carries a heavier punishment.
• Prove the likelihood. The act must be likely to spread the infection of a disease dangerous to life. A theoretical or remote risk may not be enough.
• Show knowledge. The accused must have known, or had reason to believe, that the act was likely to spread the infection.
• Check for other laws. Health and epidemic laws may overlap, and charges can run together. Read the full set of sections in the first information report.
• Read the current text. Check the sections and classification on the day you advise or file.

For related offences affecting public health and safety, see adulteration of drugs and fouling water and making the air noxious.

07Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

A charge under Section 271 or 272 usually turns on how judges have read likelihood, knowledge, and the gap between a careless act and a malignant one, often drawing on old rulings under IPC 269 and 270. Claw helps on both the research and the follow-up. You can search more than 30 crore judgments, with Supreme Court decisions covered from 1950 and High Court decisions from 1990, to pull how these ingredients have been treated, with results in under 5 seconds, and you can keep a live prosecution in view through its orders and hearing dates across the 9,102 courts, benches and forums Claw tracks, by party or advocate name. Claw does not use customer case documents to train AI models.

Open a free Claw account to search and follow these matters by party or advocate name. To search across the court system, see our hub on case search across Indian courts.

08Sources and further reading

• India Code (official text of central Acts): indiacode.nic.in
• Ministry of Home Affairs (new criminal laws): mha.gov.in
• Annotated BNS, Section 271: devgan.in
• Claw: clawlaw.in

This explainer is general information, not legal advice. The BNS can be amended and courts interpret it over time, so check the current text and take advice from counsel before you act.

09Frequently asked questions