Facetious Laws of India (IPC 269 & 270)

Abstract

The author of this paper would examine the applicability Section 269 & 270 of Indian Penal Code, 1860 in various instances and scenarios along with other acts, the research would be based upon the proven facts and also current news and personal beliefs. The author would be focusing on the current situation of pandemic and how the above mentioned sections are applied and also looking at historical instances of similar nature. It indeed is a tough time for many people, not just India but every major economies are tackling this pandemic. The simplest solution to tackle the virus is to wear a mask, stay 6 feet apart, washing your hands every so often and get yourself tested if you develop symptoms. But indeed, for some, it is difficult to follow these simple steps. Since the lockdown was imposed on the 24th of March, which went on till the 31st of May, there have been many stories of people flouting the restrictions imposed by the Govt. During the period of lockdown, use of Section 269 & 270 has been prevalent. Police have been using the sections to penalise the flouters of Covid appropriate behaviour in public places and to preserve the government orders. Apart from the aforesaid provisions of the Indian Penal Code, 1860 (IPC), other Acts have also been invoked. In Delhi, case was registered against Maulana Saad and others of Tablighi Jamaat under Section 3 of Epidemic Disease Act 1897 with Section 269, 270 IPC in the infamous “Tablighi Jamaat case”. In another case FIR was filed against celebrity singer Kanika Kapoor under section 269 & 270 of the IPC by the Lucknow police as she didn't share her travel history and attended social gatherings in Lucknow before eventually testing Corona positive. Even before the current Corona pandemic, the use of these provisions was prevalent in India, during the time when Dengue was a big problem, people were challenged for having any stagnant water lying around their houses or if any dengue larvae were found.