AIR 1920 MADRAS 420 ::1919 Cri LJ(2) 785 (MAD) ::(1920) 38 Mad LJ(134) 80 ::(1919) 10 Mad LW(136) 627 ::1920 ILR (43) Mad 344 ::1920 (38) Mad LJ 80 ::1919 (10) Mad LW 627 ::(1919) 53 Ind Cas 689

Madras High Court

Hon'ble Judge(s): Seshagiri Aiyar , J

Penal Code (45 of 1860) , S.269— scope and applicability of - Madars City Municipal Act (3 of 1904) , S.366— Small-pox patient directed to be remaned by Health Officer to Isolation Hospital - Removal to isolated house, whether unlawful disobedience of order - Prevention of infectioa - Prosecution, what to prove. In a case under section 269, Indian Penal Code, the prosecution must make out not only that there was disobedience to an order of an executive officer directing the doing of a certain act to prevent the spread of an infectious disease, but also that the disobedience was unlawful and negligent and had also the effect of spreading the infectious disease. The gist of the unlawful act is that there must be danger of the infection spreading If care is taken to avoid the infection, the act cannot be said 'to be unlawful or negligent and no offence is committed under the section. The mere failure to carry out an order which could otherwise have been bona fide obeyed by the avoidance of danger of infection, cannot be regarded as an offence under section 269 of the Penal Code.(Para 786,col2 787, cols. 1 2.) The Health Officer of the Madras Municipality directed the removal of a small-pox patient to an Isolation Hospital, but the patient's father removed him instead to an i....