Question

PRINCIPLE: 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, shall be guilty of a negligent act likely to spread infection of disease dangerous to life.

FACTS: K, a person, knowing that he is suffering from Cholera, travels by a train without informing the railway officers of his condition.

• A. K has committed an unlawful and negligent act, which is likely to spread the infection of Cholera disease dangerous to the life of fellow passengers.
• B. Railway officers are guilty of an unlawful and negligent act as K who is suffering from Cholera disease has travelled by the train.
• C. K has not committed an unlawful and negligent act, which is likely to spread the infection of Cholera disease dangerous to the life of fellow passengers.
• D. Both K and Railway Officers are guilty of an unlawful and negligent act, which is likely to spread the infection of Cholera disease dangerous to the life of fellow passenger.

Answer 1

Answer: (A)

K has committed an unlawful and negligent act, which is likely to spread the infection of Cholera disease dangerous to the life of fellow passengers.

Section 269 of the Indian Penal Code, 1860 states that a person who unlawfully or negligently does an act which he knows or has reason to believe is likely to spread any infection that is dangerous to life, is guilty of a negligent act to spread infection of a disease dangerous to life. It is a bailable and cognizable offence which is triable by any Magistrate and provides for a jail term of six months or fine or both.