“We are not just fighting an epidemic; we are fighting an infodemic. Fake news spreads faster and more easily than the virus, and is just as dangerous.”[i]
WHO Chief Dr. Tedros Adhanom Ghebreyesus
The same are the views of our Supreme Court:
“We expect the media (print, electronic or social) to maintain a strong sense of responsibility and ensure that unverified news capable of causing panic is not disseminated.”[ii]
It is seen that even after many official notifications, press releases, orders from courts and public-authorities people are spreading false news, rumours, misinformation etc. and continuously posing obstruction to the police and safety workers in carrying out their duties. With the availability of internet, electronic mode has become the most common mode of committing offences. There are several YouTube videos and Whats App messages making fun of social distancing, asking people to ignore government directions, showing disobedience to public authorities and spreading false information.
This blog focuses on those offences in Indian Penal Code which are continuously committed by persons during the time of pandemic either for their personal gain or with an intention to cause public injury or out of sheer ignorance in majority of cases. As we know Ignorance of Law is not an excuse. So it is better to understand the penal provisions and accordingly direct our actions rather than to come under their tight grip.
Note: Only the part of IPC provision which is relevant for our purpose has been used.
Section 188- Disobedience to order duly promulgated by public servant–
- Order is duly promulgated by public servant lawfully empowered to promulgate such an order
- Person even after knowing the order causes its disobedience and it is such that it causes or tends to cause obstruction, annoyance or injury to the person lawfully employed. (Simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both)
- If such disobedience causes or tends to cause danger to human life, health or safety, a riot or affray. (Be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.)
Explanation-
What is required that he knows about the order which he disobeys and his disobedience is such that it produces or is likely to produce harm.
For ex.- An order is promulgated by a public servant lawfully empowered to promulgate such order, directing that a procession shall not pass during lockdown period. People passes procession in violation of order. They have committed the offence defined in this section. Both Hindu and Muslim communities had committed this offence by gathering for religious events during lockdown.
In some states not coming out for COVID-19 testing even after having symptoms and not following self-quarantine has been made an offence under this section and it is punishable with six month imprisonment as the disobedience causes danger to human life, health and safety.
Section 268- Public Nuisance-
- Any person who does an act or illegal omission which causes or which must necessarily cause common injury, danger, annoyance or obstruction to the people in general or those who live in vicinity.
For ex.- Despite Government’s order if some people come out of their home, gather at one place and does’nt follow social distancing. The act is public nuisance as it is likely to cause danger or annoyance to people in vicinity and public in general.
Section 269- Negligent act likely to spread infection of disease dangerous to life & Section 270- Malignant act likely to spread infection of disease dangerous to life-
It is required in both these sections that disease must be an infectious disease declared as such by competent medical authority. The infection is of contagious nature and dangerous to life. Its spread can be by a direct or an indirect act.
The difference between the two is: One on hand section 269 talks about acts of careless and negligent nature and it is punishable with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
On the other hand Section 270 talks about an evil act or such an act which has tendency to become severe progressively. The act is malignant and malicious and not done with benevolent intention.[iii] It is punishable with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
The FIR lodged against Bollywood singer Kanika Kapoor, who attended parties after returning from London and tested positive for coronavirus, mentions these two provisions.[iv]
Section 271- Disobedience of quarantine rule-
It says that whoever disobeys any rule by the government to regulate the conduct of places where an infectious disease prevails shall be punished with six-month imprisonment or fine.
Section 332- Voluntarily causing hurt to deter public servant from his duty-
- Voluntarily causes hurt to a public servant while he is discharging or attempting or in consequence of his duty as such public servant
- With an intent to prevent or deter that person or any other public servant from discharging his duty as such public servant.
- Punishable with imprisonment of either description for a term which may extend to three years or with fine or with both.
Section 353- Assault or criminal force to deter public servant from discharge of his duty-
- Assaulting or using criminal force to a public servant in the execution or attempting or in consequence of lawful discharge of his duty as such public servant
- With an intent to prevent or deter that person from discharging his duty as such public servant.
- Punishable with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
For ex.- In Indore when Government doctors along with police personnel went to a COVID-19 Hot spot area to test suspected people, some miscreants of the area started to pelt stone and abused them. Because of the pelting many doctors and police personnel received injuries and they had to retreat back from the area without conducting tests. The FIR against miscreants mentions these two sections.
Section 415- Cheating-
- Deceiving a person with fraudulent or dishonest intention
- Thereby inducing the person to deliver any property or consenting that property be retained (by any person) or
- Inducing the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property. (Punishment upto 1 year imprisonment)
For ex.- A, by falsely pretending to be holder of pass issued by government for the purpose of essential services, intentionally deceives Z, a police officer and thus fraudulently induces Z to let him have go in different parts of city. A cheats because by falsely pretending, he induced police officer to do an act which he has not allowed if he knew true state of facts.
Section 416- Cheating by personation-
Cheating can be committed by personation also when the person pretends himself to be some other person or represents himself to be some other person then he really is.
For ex.- When a person falsely personates himself to be a doctor authorized by government to treat COVID-19 patients, goes into the quarantine ward especially reserved for Doctors to meet his relative.
Section 420- Cheating and dishonestly inducing delivery of property-
- This section comes into play when after basic ingredients of cheating being satisfied some property is actually delivered or some valuable security is altered or destroyed.
- Punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
For ex.- When a doctor says to his patient that he knows the cure of COVID-19 and will treat him completely provided he transfers his land to him. If the patient transfers the land to the doctor the offence is committed.
Section 463- Forgery-
- Making of a false document or electronic record or part of it with fraudulent intention to cause damage to any public or person or to support any claim or title or to cause any person to part with the property or enter into express or implied contract.[v]
- Punishable for a term which may extent to two years or fine or both.
For ex.- A person makes a video in which he tells that government has removed lockdown and it is time to come out of our homes and celebrate the victory over COVID-19.
If a company as of today comes out with posters depicting that vaccine has been made by it and approved by WHO to treat Coronavirus.
Section 471- Using as genuine a forged document or electronic record-
- After a document or electronic record is forged any person who actually uses such record or document knowing or having reason to believe it to be forged. Same punishment as provided for forgery.
For ex.- In the above mentioned example if the person shares the video on different social media platforms (meaning- he actually uses the forged document knowing it to be false with intent to cause injury to public).
Section 499- Defamation-
- When by words spoken or written or by signs or visible representations any imputation is made against a person and published
- With knowledge or having reason to believe that such imputation will harm the reputation of that person.
- Punishable with term which may extent to two years or with fine or both.
Explanation 1-
It would amount to defamation if imputation is against a person deceased and it is such that if the person been alive it would have harmed his reputation and it is hurtful to the feelings of his family members and near relatives.
For ex.- If A makes a statement that Mr. B died due to Coronavirus and B intentionally came in contact with people before his death in order to spread corona and publishes it knowing the reality that Mr. B died due to heart attack. The statement amounts to defamation as it is hurtful to Mr. B’s family.
Explanation 4-
One of the ways in which an imputation is said to harm a person’s reputation is when it causes the belief that the body the person is in a loathsome state or in a state generally considered as disgraceful.
For ex.- Falsely imputing to a person that he is suffering from Corona because of which the person is isolated and quarantined or falsely imputing to a Doctor that he is responsible for the death of many Coronavirus patients because of which his intellectual character is lowered in the eyes of society.
Section 503- Criminal intimidation-
- Threatening any person with injury to his person, reputation or property or any other person in whom he is interested
- With an intention to cause alarm or to cause that person to do any act which he is not legally bound to do, or omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat.
- The same offence can be committed by keeping the identity and abode of person secret from whom threat is coming.
- Since Coronavirus is fatal, any threat to spread coronavirus is punishable upto 7 years imprisonment.
For ex.- If a person suffering from Corona threatens another person that he will spread corona to him or his family members by coming in direct contact with them or if some gratification is not given to him he will contaminate the premises.
Section 505- Statements conducing to public mischief-
- Making, publishing or circulating any statement, rumour, report or false news
- With an intention to cause fear or alarm to the public or to any section of the public because of which any person may be induced to commit an offence against the State or against the public tranquillity or
- With an intention to incite any class or community of persons to commit any offence against any other class or community or
- With an intention of creating or promoting enmity, hatred or ill-will between classes on grounds of religion, race, place of birth, residence, language, caste or community or any other ground.
- Punishable with imprisonment which may extend to three years, or with fine, or with both.
For ex.- The sudden exodus of migrant labours resulting in breaking the law with regard to public curfew was because of false alarm raised by some unscrupulous elements that public transport is resumed once again. So because of this false alarm the migrant labour were induced to commit an offence against public tranquillity.
Members of one religious community inciting other members of their community by way of statements (circulated through physical or electronic medium) to commit offence against members of another religious community on the pretext of they being responsible for spread of Coronavirus. Or members of a particular area incite hatred against members of another local area where spread of virus is high.
The leader of Tablighi Jammat, Maulana Saad has been booked under this section for the inciting community to break the social distancing.[vi]
(Exception)– If the person has reasonable grounds for believing that such statement is true and then he makes or circulates it in good faith without any intention as required for the offence.
[i] https://www.who.int/dg/speeches/detail/munich-security-conference
[ii] Alakh Alok Srivastava vs Union of India, Writ Petition(s)(Civil) No(s). 468/2020.
[iii] In Re: Chabumian Sahib vs Unknown, 18 Ind Cas 269.
[iv] https://www.theweek.in/news/entertainment/2020/03/21/covid-19-fir-against-kanika-kapoor-for-negligence-more-cases-likely.html
[v] Sushil Suri vs Central Bureau of Investigation, AIR 2011 SC 1713.
[vi] https://www.deccanherald.com/national/tablighi-jamaat-leader-maulana-saad-kandhalvi-traced-delhi-police-sources-823043.html