Whoever knowingly disobeys any rule made and promulgated 1[by the 2[* * *] Government 3[* * *] for putting any vessel into a state of quarantine, or for regulating the intercourse of vessels in a state of quarantine with the shore or with other vessels, or for regulating the intercourse between places where an infectious disease prevails and other places, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 6 months, or fine, or both—Non-cog­nizable—Bailable—Triable by any Magistrate—Non-compoundable.

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1. Subs. by the A.O. 1937, for “by the Government of India or by any Government”.

2. The words “Central or any Provincial” omitted by the A.O. 1950.

3. The words “or the Crown Representative” omitted by the A.O. 1948.

Whoever malignantly 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 punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.

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HIV infection

(i) In a case the petitioner has raised the question whether a person suffering from HIV (+) contracting marriage with a willing partner after disclosing the factors of disease to that partner will be committing an offence under sections 269 and 270.

(ii) The court held that there was no need for this cast to go further and declare in general as to what rights and obligations arise in such context as to right to privacy or confidentiality or whether such persons are entitled to be married or not or in the event such persons marry they would commit an offence under law or whether such right is suspended during the period of illness. Therefore, all those observations made by this court in the aforesaid matter were unnecessary, particularly when there was no consideration of the matter after notice to all the parties concerned; Mr. “X” v. Hospital “Z”, AIR 2003 SC 664.

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 punished with imprisonment of either description for a term which may extend to six month, or with fine, or with both.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 6 months, or fine, or both—Cogniza­ble—Bailable—Triable by any Magistrate—Non-compoundable.

A person is guilty of a public nuisance who does not act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right.

A common nuisance is not excused on the ground that it causes some convenience or advantage.

Chapter XIV: Of Offences Affecting The Public Health, Safety, Convenience, Decency And Morals

Section 268: Public nuisance Public nuisance

Section 269: Negligent act likely to spread infection of disease dangerous to life

Section 270: Malignant act likely to spread infection of disease dangerous to life

Section 271: Disobedience to quarantine rule

Section 272: Adulteration of food or drink intended for sale

Section 273: Sale of noxious food or drink

Section 274: Adulteration of drugs

Section 275: Sale of adulterated drugs

Section 276: Sale of drug as a different drug or preparation

Section 277: Fouling water of public spring or reservoir

Section 278: Making atmosphere noxious to health

Section 279: Rash driving or riding on a public way

Section 280: Rash navigation of vessel

Section 281: Exhibition of false light, mark or buoy

Section 282: Conveying person by water for hire in unsafe or overloaded vessel

Section 283: Danger or obstruction in public way or line of navigation

Section 284: Negligent conduct with respect to poisonous substance

Section 285: Negligent conduct with respect to fire or combustible matter

Section 286: Negligent conduct with respect to explosive substance

Section 287: Negligent conduct with respect to machinery

Section 288: Negligent conduct with respect to pulling down or repairing buildings

Section 289: Negligent conduct with respect to animal

Section 290: Punishment for public nuisance in cases not otherwise provided for

Section 291: Continuance of nuisance after injunction to discontinue

Section 292: Sale, etc., of obscene books, etc

Section 292A: Printing, etc., of grossly indecent or scurrilous matter or matter intended for blackmail

Section 293: Sale, etc., of obscene objects to young person

Section 294: Obscene acts and songs

Section 294A: Keeping lottery office