Consequences of going out in Lockdown period

Planning to go out? Know the Legal Consequences!

I recently came across a new word "COVIDIOT" which means someone who doesn't adhere to the warnings regarding public health or safety; one who just ignores the social distancing protocol and ultimately helps in spreading the Covid19 by becoming the carrier of  disease.  Despite numerous warnings by the Government, Television sets being flooded with the Corona Virus news updates still people are not taking this lockdown seriously. Our honourable Prime Minister Narendra Modi talked about Lakshman Rekha and one should remain inward to insulate themselves; we all know what happened with Sita when she crossed the lakshman rekha rest is history.

Now I will tell you what legal consequences one can face if he/she steps out of their respective houses; their "LAKSHMAN REKHA"

The Current Situation in India amidst "Covid-19" and the Government's measures  and policies to tackle the situation derives its validity from the Section 6(2)(1) and 10(2)(1) of the Disaster Management Act 2005.

Further legislations like  The Epidemic Diseases Act 1897,  a 125 year old British colonial period law, is the fundamental legislative framework at the union level for the deterence and spread of hazardous epidemic diseases. It was enacted to “tackle the epidemic of bubonic plague that broke out in the then Bombay state at that time.” According to one report, it has been “historically utilized to restrain the spread of numerous diseases — swine flu, cholera, malaria and dengue.” Section 2A of the Act authorizes the union government to take essential measures and prescribe regulations to deal with dangerous epidemic disease at ports  from where trade exports and imports take place. Under section 2, states are empowered to take special measures or promulgate regulations to deal with epidemics within their jurisdictions. Thus, any state government, when satisfied that any part of its territory is endangered with an outbreak of a hazardous disease, and upon judgment that the ordinary provisions of the law are insufficient for the purpose, may adopt or authorize all measures, including inspection of travelling persons and quarantine, to prevent the outbreak of the disease. Section 3 stipulates that any person who disobeys any regulation or order made under the 1897 Act may be charged with an offence under the Indian Penal Code sec. 188 and a person is liable, upon conviction, to a sentence of simple imprisonment for one month extendable upto six months, a fine, or both. Section 4 states that no suit or legal proceeding will be initiated against any person or authority for anything done, or in good faith intended to be done, under the Act.

Talking about provisions in IPC (Indian Penal Code)/for people not following the quarantine rules, they can be charged under Public Nuisance section 268 which says if anyone does an act which causes common injury, obstruction, danger or annoyance to the public is said to be doing nuisance. Section 290 & 291 talks about penalising and imprisoning the wrongdoer with 200rs or 6-month punishment or both. It's important to note that this law is more than 160 yrs old and the money amount was considered huge that time which has not been altered so far.

Section 269 IPC:  Negligent act which is likely to spread infection of disease danger­ous to life and Whoever unlawfully or negligently does any act which any rational man can comprehend is 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 months, or with fine, or with both.

Section 270 IPC:  Malignantly doing an act which you know can spread the contagious disease dangerous to life can land you in imprisonment for 2 years or fine or both.

Section 271 IPC: If anyone sails a ship and does trade even at the time of quarantine or trades with the places where the infectious disease already prevails or other places otherwise knowingly and willingly disobeying the quarantine rules he shall be punishedimprisonment of either description for a term which may extend to six months, or with fine, or with both.

To make this process more robust and to protect the general public from epidemics and pandemics alike the magistrates can pass judgement independent of the evidence collected by police officer and can take suo moto evidence as he deems fit under CrPC ( Criminal Procedure Code ) section 133 can order to remove that nuisance and  take action without being questioned further.

Moreover you can also be booked under the charge of attempt to murder section 307 IPC if you have attended any public gathering which has been suspected to be infected with the disease and for not disclosing your identity for the same. Even the NSA-National Security Act has been invoked under which one can be detained upto 12 months without charge. A person can be held for 10 days without telling him the charges against him.

These were some provisions under which can be charged against the people not following the quarantine rules which one should keep in mind while venturing out of their homes. Dear Readers it's for our own benefit and safety don't be a "COVIDIOT" Let's make it a success and together defeat this fatal virus.
Stay home, stay safe!
Jaihind.
#indiaagainstCOViD19.
Avinash Kumar