Principle Whoever unlawfully or negligently does any act which is and which he knows or has rea...........

Indian Penal Code (IPC) 1860 Others

Principle: Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be likely to spread the infection of any disease dangerous to life, shall be guilty of a negligent act likely to spread infection of disease dangerous to life.

Facts: ‘K’, a person. knowing that he is suffering from Cholera. travels by a train without informing the railway officers of his condition.

‘K’ has committed an unlawful and negligent act. which is likely to spread the infection of Cholera disease dangerous to the life of fellow-passengers

Railway officers are guilty of an unlawful and negligent act as ‘K’ who is suffering from Cholera disease has travelled by the train

‘K’ has not committed an unlawful and negligent act. which is likely to spread the infection of Cholera disease dangerous to the life of fellow-passengers

Both ‘K’ and Railway officers are guilty of an unlawful and negligent act, which is likely to spread the infection of Cholera disease dangerous to the life of fellow- passengers

Explanation:

K had the knowledge that he was suffering from Cholera at the time of travelling. It is also common knowledge that while travelling in a train he would be directly interacting with a large number of passengers and that he would be using the common facilities thereby exposing his co-passengers to a similar risk. Therefore K was negligent.