Punishment in" Epidemic Diseases Act,1897" and ''Indian penal Code'' to fight epidemic disease .

     Punishment in" Epidemic Diseases Act,1897" and ''Indian penal Code'' 

                                          to fight epidemic disease .

             A 123 years old Law,The Epidemic Disease Act,1897 enacted with just four sections in two pages on 4th February  1987 to stop the spread of bubonic plague outbreak in region of Bombay now known as Mumbai is the act waging war against novel Covid-19  Epidemic diseases act,1897 has been imposed in most parts of India

      History of Misuse and Use
   The Act was also Misused by Britishers for ulterior motives to restrict the freedom fighters movement and to confine them in a specific region.
    The act has also been used in Independent India from time to time,Recently in 2018 it was invoked to control cholera spread in Area of Gujarat,In 2015 it was invoked in Chandigarh to deal with dengue and malaria,in 2009 it was invoked in pune to deal with swine flue`. The act helps states to enforce a quarantine order with police


  Structure of- The Epidemic Disease Act,1897
Section 1 of act deals with short title and extend, the act extends to whole of India
Section 2 of the act is the soul of the act which empowers govt  with vast powers to prescribe     regulations
Section 3 defines penalty
Section 4 provides immunity to officer working bonafidely under this act against any kind of legal   proceeding.


 Penal aspect of Epedemic Diseases Act,1897

 Section 3 of Epidemic Diseases Act,1897
deals with penal aspect of contravention ,but the act by itself does not provides any penalty but section 3 provides any person  disobeying any regulation or order made under this act shall be deemed to have committed an offence committed under section 188 of the Indian Penal code.

Section 188 Indian Penal Code
 Indian Penal Code ''Disobedience of order duly promulgated by public servant''section 188 Ipc is punishable in two parts  is punishable with simple imprisonment for a term which may extend to one month with fine which may extend to one thousand rupees,or with both and if such disobedience causes or tends to cause danger to human life ,health or safety or causes or tends to cause a riot or affray shall be punished with punishment which may extent to six months,or with fine which may extend to one thousand rupee or with both, here in with respect to section 3 of Epidemic diseases act ,1897 later will be applicable. Section 269 270  271 of Ipc will independently attract.

Indian Penal Code And epidemic Diseases
Apart from The Epidemic Disease Act,1897 Indian Penal Code,1860 also have penal provisions which will be applicable to fight the spread of epidemic diseases.

Section 269 Indian Penal Code
 This provision deals with''Negligent act likely to spread infection of diseases dangerous to life''
 The offence is cognizable and Bailable  (non Compoundable)
 The act is punishable with simple or rigorous imprisonment which may extend up to six months,or      with fine, or with both.

Section 270 indian penal code
This deal with''Malignant act likely to spread infection of diseases dangerous to life''.
The offence is conizable and Bailable but non compoundable.
This is punishble with simple or rigorous imprisonment which may extend upto two years, or with fine or with both.

Section 271 Indian Penal Code
This deals with''disobedience of quarantine rule''.
This offence is non cognizable and bailable but non compoundable.
This is punishable with simple or rigorous imprisonment which may extend to six months, or with fine or with both.

Disaster Management Act,2005
Disaster Management Act,2005 is also applicable in present situation of lock down,Disaster Management Act,2005, via section 51,punishes a person if he obstructs any public servant or refuses to follow the directions of Government during lock down..Section 51 provider for imprisonment which may extend to one year, or with fine or with both.It also provides if such refusal to follow restrictions to loss of lives or imminent danger to life such person will be punished with imprisonment of term which may extend to two years.

  Recently, in the situation of lock down if regulation and Restrictions imposed by the Government in purview of Epidemic Diseases Act ,1897 are not followed FIR Under Section 269,270,271,188 Indian penal Code Will Be Registered.So it is high time that we  stay home stay safe and serve our community by Fighting Epidemic Disease corona virus (Novel Covid-19).In coming days you might be asked to restrict your movement in a way that may  be inconvenient but we must take it as a civil responsibility towards humanity. Also Read