Legal Provisions of Section 270 of Indian Penal Code, 1860.
Malignant act likely to spread infection of disease dangerous to life:
Malignantly doing an act likely to spread infection of disease which is dangerous to life has been made an offence under this section. The section says that whoever malignantly does any act which in fact is, and about which he has knowledge or he has reason to believe to be, likely to spread the infection of such a disease as is dangerous to life, shall be punished with simple or rigorous imprisonment for a term extending up to two years, or with fine, or with both.
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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.