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Punishment for deliberate/intentional spreading of COVID-19 to someone

Dated: June 06, 2020

By this time, we all are aware that the COVID-19 (coronavirus) is a sneaky virus. You might be infected with it not know about it for a long time and carry the virus.  But what if you know that you have got the infection and then you deliberately infect someone else? This lands one in a very big legal trouble.

A few section of the IPC which can be used against the person intentionally spreading the infection are as follows:

Section 269 of the IPC lays down that whoever performs an act unlawfully or negligently, 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 a term which may extend to six months or with a fine or both.

270. 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 the 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.

Section 299 of the IPC defines culpable homicide. It says whoever causes death by doing an act with the intention of causing death or with the intention of causing such bodily injury as is likely to cause death or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide. Guilty mind, or mens rea, is central to the crime of culpable homicide. 

Moreover, the UP government also passed an ordinance in the month of May which criminalises the act of spreading the disease intentionally and prescribes a punishment for life if a person causes death of another by intentionally infecting him/her. This act in a way is to be looked at in a positive manner as the other laws, including IPC are age old (nearly 160 years) and do not provide strict punishment to someone who deliberately does such kind of acts.