The invocation of Sections 188 and 269 of the Indian Penal Code (IPC) by Ernakulam District Collector S. Suhas will deter those flouting the restrictions, including home quarantine, imposed by the government to contain the spread of COVID-19, says a legal expert.
In an order issued under Section 144 of the Code of Criminal Procedure, the Collector warns that offences under Sections 188 and 269 will be invoked against those defying the restrictions.
In fact, Section 2 of the Epidemic Diseases Act empowers the State governments to prescribe measures and regulations to deal with the outbreak of any dangerous epidemic diseases, which include inspection of persons travelling on train or other modes of transport and segregating of persons in hospitals.
The Act makes the violation of any rules or regulations/ restrictions a punishable offence under Section 188, says A.Rajesh, Special Vigilance Prosecutor at the High Court.
As per this section, if anybody disobeys the restrictions or regulations issued by the government and such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction to any person lawfully employed, he/she shall be punished with simple imprisonment for a term which may extend to one month or with fine or both.
That apart, if such disobedience causes or trends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, the offenders shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to ₹1,000 or with both.
Section 269
Section 269 deals with those who commit a negligent act which is likely to spread an infectious disease dangerous to life. As per the section, a person charged with the offence shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. Both the offences are cognizable and bailable, Mr. Rajesh says.
