The Lucknow District Magistrate Abhishek Prakash has ordered an FIR against singer Kanika Kapoor today (20th March, 2020) under the provisions of Section 269 (Negligent act likely to spread infection of disease dangerous to life) and 270 (Malignant act likely to spread infection of disease dangerous to life) of the Indian Penal Code, 1860 for having allegedly evading the screening at the airport after her return from the United Kingdom.
It has been reported that before testing positive for the COVID-19 outbreak, she had taken part in multiple parties attended by parliamentarians including Dushyant Singh and Vasundhara Raje.
A thorough investigation is to take place of the visitors and locations that were attended by Kanika Kapoor.
The report will be submitted to Uttar Pradesh Home Department.
Jyoti Narayan, UP Police officer said, "Any person who creates a problem if they are already infected, we can take action as per IPC and Epidemic Act. Lucknow DM and CMO will take the decision."
The singer also took to Instagram to share the news with her fans. “For the past 4 days I have had signs of flu, I got myself tested and it came positive for Covid-19,” she wrote.
Furthermore on March 11, 2020, the Cabinet Secretary meeting decided to invoke Section 2 of Epidemic Diseases Act, 1897.
The Sectionempowers the state governments and union territories to take special measures to formulate regulations for containing the outbreak.
“Power to take special measures and prescribe regulations as to dangerous epidemic disease."
It reads as :
(1) When at any time the State Government is satisfied that the State or any part thereof is visited by, or threatened with, an outbreak of any dangerous epidemic disease, the State Government, if it thinks that the ordinary provisions of the law for the time being in force are insufficient for the purpose, may take, or require or empower any person to take, such measures and, by public notice, prescribe such temporary regulations to be observed by the public or by any person or class of persons as it shall deem necessary to prevent the outbreak of such disease or the spread thereof, and may determine in what manner and by whom any expenses incurred (including compensation if any) shall be defrayed.
(2) In particular and without prejudice to the generality of the foregoing provisions, the State Government may take measures and prescribe regulations for—
(b) the inspection of persons travelling by railway or otherwise, and the segregation, in hospital, temporary accommodation or otherwise, of persons suspected by the inspecting officer of being infected with any such disease.”
Section 269 of the Indian Penal Code, 1860 (IPC) lays down that “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 punished with imprisonment of either description for a term which mayextend to six months, or with fine, or with both.”
Section 270 of IPC (Malignant act likely to spread infection of disease dangerous to life) states that:
Malignant act likely to spread infection of disease dangerous to life.—Whoever malignantly 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 punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Author - Dyuti Pandya