OFFENCES RELATING TO PUBLIC HEALTH

DECENCY AND MORAL

Introduction

Chapter 14 of the Indian penal code deals with offences relating to public
health, safety, decency and morals. In other words they safeguard the
general public from the nuisance caused by others. These sections aid
Article 21 that ensures Right to life or to be precise, a right to decent and
quality life. Apart from this this chapter of IPC also aids environmental
laws by making negligence in matters of explosives, combustible
substances, poisonous substances and corruption of water sources
punishable.
Also, in the present COVID-19 pandemic, various sections of this chapter
come into play. These sections make negligent and malignant acts by
people that are likely to spread infectious diseases punishable and also
punish disobedience of quarantine rule punishable. Further, adulteration
of medicines or selling a whole other drug by the name of some other
drug is also made punishable under this chapter.
These sections ensure that no one is able to gain profits from the
suffering of others and that everyone is supplied with proper medicines.
Chapter 14 of IPC guarantees that no one can exercise his rights in an
unlimited and uncontrolled manner and provides certain limitations. It
ensures that no member of the public is allowed to interfere with the
quality of life others lead or in any way cause distress to them without
any fault of their own.

'SECTION 268' - Public nuisance. The principle of public nuisance is

based on a maxim of civil law i.e. SIC UTERE TUO UT REM OUBLICUM
NON LAEDAS, which means “enjoy your property in such a way as
not to injure the rights of the public”.
Nuisance means anything which causes inconvenience annoyance or
damage and is of two kinds public and private.

Public nuisance refers to common annoyance to public at large and is a

substantial annoyance to all subjects’ .In order to constitute a public
nuisance there must be an act or an illegal omission. It is general rule
that one cannot exercise his or her right it at the expense of others rights
therefore it is not a defence for the charge of public nuisance that it was
done on one's own property and was done in assertion of one's right in
property. It is not necessary for the act to be illegal per se but as soon as
an act becomes a nuisance it becomes illegal. In other words an act it
becomes a nuisance not because it is illegal per se but because it hasn’t
intolerable and injudicious effect upon the public. A common nuisance is
also not excused on the ground that is causes some convenience or
advantage.
The important component to prove conviction under this Section is the
existence of an annoyance, danger or an injury to public or any person
who may have the occasion to use the public right as was held in the case
of Santhosh v. State of Kerala 1985.
The general exception provided under Section 81 that is to absolve a
person from criminal liability if the act is done in good faith or to intercept
any other harm, is not available to an accused charged with Section 268.
In the case of K Ramakrishnan v State of Kerala, the act of smoking
in public is a public nuisance under Section 268 causing the non-
smokers passively smoke. The High court observed that the act of
smoking beedis, cigars, cigarettes or tobacco is inculpatory under Section
268, IPC and unconstitutional as it violated the right to life promised
under Article 21 of the Indian Constitution
In the case of Ram Autar v. State of Uttar Pradesh, [AIR 1962 SC
1794] auctioning of vegetables was being carried out by the appellants.
The auction used to block the roads which interfered with the physical
comfort of the community residing in the vicinity. The Apex court held
that since the appellants were carrying out the auctioning business inside
their private house and the crowding on the road was concomitant to it
due to the people participating in the auction, hence they cannot be
convicted for the charges of public nuisance. The court was of the view
that trades of such nature may cause some noise leading to discomfort to
some community.

SECTION 269- Negligent act likely to spread infection of disease

dangerous to life. According to this section whosoever, have reasons to
believe that their acts might spawn the spread of an infection or disease
that can be menacing to life and even after such knowledge, commit such
acts shall be punishable under this section of IPC. The person must have
the knowledge that his action is likely to spread such infection or disease.
In a case where a man travelled in a train and was suffering from cholera
and was aware of its infectious nature, did not inform the railway
authorities about his condition, he was held responsible for the spread of
the infection. Krishnappa (1883) 7 Mad. 276
Categorization of the offence Punishment—Imprisonment for 6
months, or fine, or both or Cognizable or Bailable or Triable by any
Magistrate or Non-compoundable.

SECTION 270- Malignant act likely to spread infection of disease

dangerous to life. The word ‘malignantly’ used in this section refers to
‘mens rea’ and denotes a deliberate intention. Therefore, if the accused
deliberately does an act which leads to spread of any infectious disease
that is dangerous to life, he shall be convicted under this section. Section
270 deals with an aggravated form of offence dealt with under Section
269.
A landmark case in this regard is Mr. X v Hospital ZAIR 1999 SC 495,
several found out that the blood sample of Mr. X was HIV positive, leading
to his marriage being cancelled after the hospital authorities disclosed his
reports to his fiancé. After such an event Mr. X was severely ostracized by
the community. Consequently Mr. X held the hospital authorities liable for
breaching his right to privacy and claimed to be compensated for the
same. The Apex court dismissed the appellant’s contentions by observing
the acts done by the authorities not unconstitutional. The court further
laid down that under Article 21 it is everyone’s right to lead a healthy
life, so if a person suffering from HIV Aids deliberately marries a woman
thereby transmitting the infection to her, and would be convicted under
Section 269 and 270.
Categorization of the offence - Punishment—Imprisonment for 2
years, or fine, or both - Cognizable - Bailable - Triable by any Magistrate -
Non-compoundable.

SECTION 271- Disobedience to quarantine rule. Under this section,

the prospect of dangerous consequences is not necessary. If any person
disobeys a quarantine rule, the motive being immaterial, such
disobedience shall be punishable under this section.
Categorization of the offence - Punishment—Imprisonment for 6
months, or fine, or both - Non-cognizable - Bailable - Triable by any
Magistrate - Non-compoundable.

SECTION 272- Adulteration of food or drink intended for sale

'SECTION'273- Sale of noxious food or drink.
A leading case in this regard is Joseph Kurian v State of Kerala in
which the court propounded certain principles regarding adulteration. The
prosecution is required to prove certain ingredients provided hereunder:
Article in question was food or drink meant to be consumed by live
persons adulteration was done by the accused. At the time of adulterated
the article with an intention to sell such article as drink or food, knowing
that such an article would be sold by someone else as drink or food.
Merely an act of adulteration is not offence under Section 273 and the
adulteration must be to an extent to have rendered the article noxious.
This Section mainly prohibits the sale of such noxious articles as food or
drink and not mere sale of the noxious article.
In the case of Ram Dayal v King Emperor, the court held that the
terms “noxious as food” refers to the detrimental nature of the food or
its injuriousness to health. Thus, mixing pig’s fat to ghee and
subsequently selling it as an article would not make it article “noxious as
food”, even though it could noxious to religious sentiments of a class of
public.
Categorization of the offence -Punishment—Imprisonment for 6
months, or fine of 1,000 rupees, or both - Non- cognizable - Bailable -
Triable by any Magistrate - Non-compoundable.

SECTION 274- Adulteration of drugs.

SECTION 275- Sale of adulterated drugs.
Section 274 punishes adulteration of drugs while section 275 punishes the
sale of adulterated drugs. The object of these sections is to maintain the
purity of drugs for medicinal purposes. Also, under these sections,
adulteration does not essentially mean rendering the drug noxious to life,
reduced efficacy of the drug is sufficient for rendering the act of
adulteration punishable.
Categorization of the offence Punishment—Imprisonment for 6
months, or fine of 1,000 rupees, or both or Non- cognizable or Bailable or
Triable by any Magistrate or Non-compoundable.

SECTION 276- Sale of drug as a different drug or preparation. A

person shall be convicted under this section if he sells a different drug or
preparation from what it claims to be. The essential ingredient of this
section is that there should be a substituted medicine, adulteration is
immaterial.
Categorization of the offence o Punishment—Imprisonment for 6
months, or fine of 1,000 rupees, or both o Non- cognizable Bailable
Triable by any Magistrate Non-compoundable.

SECTION 277- Fouling water of public spring or reservoir. The

terms ‘corrupts or fouls’ connotes to the act of physically defiling or
deteriorating the condition of the water from any public spring. As the
water of public spring or reservoir belongs to the general public, thus, any
person who fouls it commits a public nuisance. The ingredients of this
section are:- 1. Voluntarily corrupts or fouls water 2. The water must be
of public spring or reservoir 3. The water must be rendered less fit for the
purpose for which it is ordinarily used.
Categorization of the offence Punishment—Imprisonment for 3
months, or fine of 500 rupees, or both o Cognizable o Bailable o Triable
by any Magistrate o Non-compoundable.

SECTION 278- Making atmosphere noxious to health. The noxious

atmosphere referred in the section must affect the health of the public in
general for the accused to be convicted.
In the case of K Ramakrishna v State of Kerala, the act of smoking in
public is a public nuisance under Section 268 causing the non-smokers
passively smoke. The High court observed that the act of smoking beedis,
cigars, cigarettes or tobacco is inculpatory under Section 268, IPC and
unconstitutional as it violated the right to life promised under Article 21 of
the Indian Constitutionhttps://www.legalbites.in/offences-affecting-
public-health-safety-convenience-morals/.
Categorization of the offence - Punishment—Fine of 500 rupees -
Cognizable - Bailable - Triable by any Magistrate - Non-compoundable.

SECTION 279- Rash driving or riding on a public way.

SECTION 280- Rash navigation of vessel.
The prosecution is required to prove the following in order to establish
guilt under Section 279: 1. Accused was driving the vehicle on a public
way 2. Manner in which he was driving was rash and negligent to an
extent to endanger human life or possibly injure or cause hurt to another
person. The essential ingredient in such an act must be the existence of
criminality in running the risk of committing such reckless indifferent act.
Presence of mere carelessness or error of judgment is not sufficient. In
the case of State of Karnataka v. Satanam where a military personnel
was driving a military truck in a zigzag manner in an inebriated state
causing the death of a rider and two other accidents, was convicted by
the High court of Karnataka. Section 280 deals with cases of inland
navigation whereby the accused endangers human life by rash or
negligent navigation of the vessel.
Categorization of the offence - Punishment—Imprisonment for 6
months, or fine of 1,000 rupees, or both - Cognizable - Bailable - Triable
by any Magistrate - Non-compoundable.

SECTION 281- Exhibition of false light, mark or buoy. If any person

intentionally misleads any navigator by exhibiting a false light, mark or
buoy he shall be convicted under this section.
Categorization of the offence - Punishment—Imprisonment for 7
years, or fine, or both - Cognizable - Bailable - Triable by Magistrate of
the first class - Non-compoundable.

SECTION 282- Conveying person by water for hire in unsafe or

overloaded vessel. Endangering the life of any person, negligently or
knowingly, by conveying him by water in any vessel is punishable under
this section. A ferryman was held responsible for rowing a boat across a
river which was in bad condition and subsequently drowned and caused
drowning of certain people.
Categorization of the offence - Punishment—Imprisonment for 6
months, or fine of 1,000 rupees, or both - Cognizable - Bailable - Triable
by any Magistrate - Non-compoundable.

SECTION 283- Danger or obstruction in public way or line of navigation.

Ingredients of this section are: - 1. Accused must do an act or omit to
take order with any property in his possession or under his charge. 2.
Such act or omission must lead to danger, obstruction or injury to any
person in any public way.
Categorization of the offence - Punishment—Fine of 200 rupees -
Cognizable - Bailable - Triable by any Magistrate - Non-compoundable.

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.
The afore mentioned sections deal with negligent conduct with respect to
poisonous, combustible and explosive substances and machinery, animals
and tearing down of buildings. If the person in charge or in possession of
such substances fails or omits to take proper and reasonable care in a
manner that endangers human life, he shall be punishable under this
section.
Categorization of the offences - Punishment—Imprisonment for 6
months, or fine of 1,000 rupees, or both - Cognizable - Bailable - Triable
by any Magistrate - Non-compoundable.

SECTION 290- Punishment for public nuisance in cases not otherwise

provided for those offences which fall within the category of public
nuisance but is not punishable under any other sections, this section
provides the punishment.
Categorization of the offence - Punishment—Fine of 200 rupees -
Non-cognizable - Bailable - Triable by any Magistrate - Non-
compoundable.

SECTION 291- Continuance of nuisance after injunction to discontinue. If

any person continues or repeats a public nuisance after he has been
instructed by a public servant not to do so, he shall be punishable under
this section.
Categorization of the offence - Punishment—Simple imprisonment
for 6 months, or fine, or both - Cognizable - Bailable - Triable by any
Magistrate - Non-compoundable.

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.
These sections were added to IPC by complying to a resolution passed by
the International Convention for the suppression and circulation of, and
traffic in obscene publications.
The test for obscenity was laid down by Cockburn CJ in the case of R v.
Hicklin. According to the test if the matter in question is debasing to the
extent that those who are open to immoral influences will be depraved
and corrupted so as to suggest them of either sex or thoughts which are
lascivious in nature, then it is certain that the matter is obscene. In the
case of Chandrakant Kalyandas Kakodkar v State of Maharashtra ,
it was held that when a judge is to decide a case of obscenity he is
supposed to understand the perspective of the author and understand
what the author wants to demonstrate and thereafter deide while keeping
in mind what effect would the literary piece have on the reader’s mind.
Section 293 provides for enhanced punishment of simple or rigorous
punishment of three years and fine if the circulation of such expression or
print of obscene matter is done to young persons who are below the age
of 20.
Categorization of the offence - Punishment • On first conviction with
imprisonment for 2-3 years, and with fine of 2000 rupees • subsequent
conviction, imprisonment for 5-7 years and with fine of 5000 rupees -
Cognizable - Bailable - Triable by any Magistrate - Non-compoundable.
SECTION 294- Obscene acts and songs. To establish conviction under
this section following ingredients must be satisfied: 1. Obscene act must
be done in a public place or recitation or utterance of song or words in or
in the vicinity of a public place 2. Annoyance has been caused as a
consequence Section 294 does not constitute for an act done in private.
in another case of State of Maharashtra v. Miss Joyce, the High court
of Bombay had decided that since hotels where the cabaret dancers
perform are private and enclosed places where access is allowed to
persons who are willing to witness such performances cannot protect a
person who is aggrieved or ‘annoyed’ after witnessing it. It only after such
an adult has consented to witnessing such acts that he gets to be in a
place where such performance is going on.
Categorization of the offence - Punishment—Imprisonment for 3
months, or fine, or both - Cognizable - Bailable - Triable by any
Magistrate - Non-compoundable.

SECTION 294A- Keeping lottery office. A lottery amounts to gambling

as as it includes distribution of prizes by chance or lot without the use of
any skill. The lotteries which are unauthorized by the government are
made punishable under this Section. This section punishes the keeping of
places or offices for drawing such lotteries and the advertisements
pertinent to them.
Categorization of the offence • Para I: - Punishment—Imprisonment
for 6 months, or fine, or both - Non- cognizable - Bailable - Triable by any
Magistrate - Non-compoundable. • Para II - Punishment—Fine of 1,000
rupees - Non-Cognizable - Bailable - Triable by any Magistrate - Non-
compoundable.

CONCLUSION
It clear that the Indian system has attempted to translate the
arrangement identifying with Indian penal code and different statutes to
give expedient and basic solution for the issues of ecological
contamination, public health, morality and dignity. Despite the fact that
there are a few slips in the understanding made by the legal in
circumstance of contention of laws. In any case, this has been settled by
later judgments wherein the legal has endeavored to translate the
genuine nature and extent of the arrangement under and the
arrangement under section 268, 269, 270, 279, 280, 287, 288, 290,
291, 294 of criminal methodology code uncommon laws with the goal to
secure ideal to solid condition to individuals of India.

OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY,

CONVENIENCE, DECENCY AND MORALS

Cognizable Bailable By what

Section Offence Punishment or non- or non- court
cognizable bailable triable

Negligently
doing any Imprisonment
269 act known for 6 months Any
Cognizable Bailable
IPC to be likely or fine, or Magistrate
to spread both
infection of
 any disease
dangerous
to life

Malignantly
doing any
act known
Imprisonment
to be likely
270 for 2 years, Any
to spread Cognizable Bailable
IPC or fine, or Magistrate
infection of
both
any disease
dangerous
to life

Knowingly
Imprisonment
disobeying
271 for 6 months, Non- Any
any Bailable
IPC or fine, or cognizable Magistrate
quarantine
both
rule

Adulterating
food or
Imprisonment
drink
for 6 month,
272 intended for Non- Any
or fine of Bailable
IPC sale, so as cognizable Magistrate
1,000 rupees,
to make the
or both
same
noxious

Selling any
food or
Imprisonment
drink as
for 6 month,
273 food and Non- Any
or fine of Bailable
IPC drink, cognizable Magistrate
1,000 rupees,
knowing the
or both
same to be
noxious

Adulterating Imprisonment
274 any drug or for 6 month, Non- Any
Bailable
IPC medical or fine of cognizable Magistrate
preparation 1,000 rupees,
 intended for or both
sale so as
to lesson its
efficacy, or
to change
its
operation,
or to make
it noxious

Offering for
sale or
issuing
from a Imprisonment
dispensary for 6 month, Bailable
275 Non- Any
any drug or or fine of
IPC cognizable Magistrate
medical 1,000 rupees,
preparation or both
known to
have been
adulterated

Knowingly
selling or
issuing
from a
dispensary Imprisonment
any drug or for 6 month, Bailable
276 Non- Any
medical or fine of
IPC cognizable Magistrate
preparation 1,000 rupees,
as a or both
different
drug or
medical
preparation

Defiling the Imprisonment

water of a for 3 months, Bailable
277 Any
public of fine of 500 Cognizable
IPC Magistrate
spring or rupees, or
reservoir both

278 Making Fine of 500 Non- Any

IPC atmosphere rupees cognizable Magistrate
noxious to Bailable
health

Cognizable Bailable By what

Section Offence Punishment or non- or non- court
cognizable bailable triable

Driving or
riding on a
public way Imprisonment
so rashly or for 6 months
279 Any
negligently or fine of Cognizable Bailable
IPC Magistrate
as to 1,000 rupees,
endanger or both
human life,
etc

Navigating
any vessel
Imprisonment
so rashly
for 6 months,
280 negligently Any
or fine of Cognizable Bailable
IPC as to Magistrate
1,000 rupees,
endanger
or both
human life,
etc

Exhibition Imprisonment
Magistrate
281 of a false for 7 years,
Cognizable Bailable of the first
IPC light, mark or fine, or
class
or buoy both

Conveying
for hire any
Imprisonment
person by
for 6 months,
282 water, in a Any
or fine of Cognizable Bailable
IPC vessel in Magistrate
1,000 rupees,
such a
or, both
state or so
loaded, as
 to
endanger
his life

Causing
danger,
obstruction
283 or, injury in Fine of 200 Any
Cognizable Bailable
IPC any public rupees Magistrate
way or line
of
navigation

Dealing
with any
Imprisonment
poisonous
for 6 months
284 substance Any
or fine of Cognizable Bailable
IPC so as to Magistrate
1,000 rupees,
endanger
or both
human life,
etc

Dealing
with fire or
any Imprisonment
combustible for 6 months
285 Any
matter so or fine of Cognizable Bailable
IPC Magistrate
as to 1,000 rupees,
endanger or both
human life,
etc

Cognizable Bailable By what

Section Offence Punishment or non- or non- court
cognizable bailable triable

Imprisonment
So dealing
for 6 months
286 with any Any
or fine of Cognizable Bailable
IPC explosive Magistrate
1,000 rupees,
substance
or both
 Imprisonment
So dealing for 6 months
287 Non- Any
with any or fine of Bailable
IPC cognizable Magistrate
machinery 1,000 rupees,
or both

A person
omitting to
guard
against
probable
danger to
human life Imprisonment
by the fall for 6 months
288 Non- Any
of any or fine of Bailable
IPC cognizable Magistrate
building 1,000 rupees,
over which or both
he has a
right
entitling
him to pull
it down or
repair it

A person
omitting to
take order
with any
animal in
his
Imprisonment
possession,
for 6 months
289 so as to Any
or fine of Cognizable Bailable
IPC guard Magistrate
1,000 rupees,
against
or both
danger to
human life,
or of
grievous
hurt, from
such animal

290 Committing Fine of 200 Non- Bailable Any

IPC a public rupees cognizable Magistrate
nuisance

Continuance
Simple
of nuisance
imprisonment
291 after Any
for 6 months, Cognizable Bailable
IPC injunction Magistrate
or fine, or
to
both
discontinue

On first
conviction,
with
imprisonment
for 2 years,
and with fine
of 2,000
rupees, and,
Sale, etc.,
292 in the event Any
of obscene Cognizable Bailable
IPC of second or Magistrate
books, etc
subsequent
conviction,
with
imprisonment
for five years
and with fine
of 5,000
rupees

On first
conviction,
with
imprisonment
for 3 years,
Sale, etc., and with fine
of obscene of 2,000
293 Any
objects to rupees, and Cognizable Bailable
IPC Magistrate
young in the event
persons of second or
subsequent
conviction,
with
imprisonment
for 7 years,
 and with fine
of 5,000
rupees

Imprisonment
294 Obscene for 3 months, Any
Cognizable Bailable
IPC songs or fine, or Magistrate
both

Imprisonment
Keeping a
294A for 6 months, Non- Any
lottery Bailable
IPC or fine, or cognizable Magistrate
office
both

Publishing
proposals Fine of 1,000 Non- Any
Bailable
relating to rupees cognizable Magistrate
lotteries