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.
(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.
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