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Section 270 of Indian Penal Code, 1860 – Explained!

January 10, 2019 0 Comment

The prosecution must prove that the accused has done some act malignantly. The expression ‘malignantly’ has not been defined by the Code. Its dictionary meaning, however, is with disposed to do harm or with actuated by great hatred. It is sometimes equated with ‘maliciously’ which in law means a wrongful act done intentionally without any just cause or excuse. The act done must be likely to spread the infection of any such disease which is dangerous to life and about which the accused must have knowledge or must have reason to believe that it is likely to spread the infection of a disease dangerous to life.

The offence under this section is cognizable, bailable and non-compoundable, and is triable by metropolitan magistrate or magistrate of the first or second class.

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