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Section 273 falls under Chapter 15 of the Bharatiya Nyaya Sanhita (BNS). Chapter 15 covers offences affecting the public health, safety, convenience, decency and morals. Each section under this chapter deals with different offences related to matters of public health, safety and decency. Section 273 specifically deals with disobeying a quarantine. Let us take a closer look at its provisions.

Definition of BNS Section 273

Section 273 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:

“Whoever knowingly disobeys any rule made by the Government for putting any mode of transport into a state of quarantine, or for regulating the intercourse of any such transport in a state of quarantine or for regulating the intercourse between places where an infectious disease prevails and other places, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.”

Explanation and Illustration of BNS Section 273

This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of disobeying a quarantine. Let us break down the section to get a better understanding of it.

Offence

This section basically provides for the offence of defying a general quarantine. The section defines quarantine as any rule made by the Government for:

  • putting any mode of transport into a state of quarantine -referring to a complete halt to any physical movement by persons who can likely become infected with a deadly disease and, in turn, cause its further spread.
  • regulating the intercourse of any such transport in a state of quarantine - referring to a strictly regulated regime where the government closely controls and monitors the physical movement of all persons who can likely become infected with a deadly disease and, in turn, cause its further spread.
  • for regulating the intercourse between places where an infectious disease prevails and other places: referring to instances where there is an outbreak of a deadly disease in a particular region or locality. The government regulates all movement coming in and going out of that area and controls and monitors the physical movement of all persons who can likely become infected with a deadly disease and, in turn, cause its further spread

  • Any person violating a rule such as above while it is in effect shall be prosecuted under the provisions of section 273.

    Punishment

    Any person violating a quarantine put in effect by the government and consequently threatening the safety of public health shall be punished with imprisonment for a term which may extend to six months, or with fine, or with both.

    The above actions may not be an offence under this section if:

  • The offender is forced or coerced into performing such an act
  • The offender is a minor or not of sane mind at the time of committing the act.
  • The offender was not made aware and did not have access to information regarding the quarantine.

  • Illustration

    Due to the outbreak of a viral disease in a particular locality, the government orders a quarantine. Z, a resident of the locality, steps out of the house late at night for a stroll. Z is an offender under the provisions of section 273.

    Disclaimer:

    The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.

    Key Points of BNS 273

    This section deals with: Disobeying quarantine rule

    Description of offence:

  • Any person who disobeys any general rule to maintain a state of quarantine issued by a lawful and competent authority shall be considered an offender under this section.

  • Punishment for offence:
  • Any person found guilty under this section shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

  • Exceptions to offence:
  • The offender has been coerced into committing the offence
  • The person is a minor or not of sane mind
    1. Differences Between Section 273 of BNS and its equivalent IPC section

      The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 273 of BNS replaces Section 271 of the IPC. Let us look at the changes that have been made in the provisions of the new section in comparison to the old one.

      BNS Sections/Subsections Subject IPC Sections Summary of Comparison
      273 Disobedience to quarantine rule. 271 No change in provision for offence

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      Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:

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      FAQs about Section 273 of the Bharatiya Nyaya Sanhita (BNS)

      This law aims to punish any person who endangers public health by disobeying a quaratine rule.
      Any person found guilty under this section shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
      This section covers any rule regarding maintaining a state of quarantine issued by a lawful and competent authority.
      The quarantine rule applies to whoever it has been issued towards. If it is issued towards a specific person or a category of people or the public in general, then it will be applicable to them accordingly.
      By penalising any person who disobeys the quarantine law, Section 273 ensures compliance to such orders.
      Yes. Any government order can be challenged as long as it is done through the legally prescribed channels and redressal forums. Disobeying such order so as to challenge it shall constitute offence under Section 273.
      Yes. If the quarantine order specifically states that gatherings are not permitted, then disobeying the order will constitute offence under Section 273.
       Section 273 of BNS

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