Poonam Pandey has hit the spotlight yet again. The model-cum-actor was recently booked for flouting lockdown guidelines issued by the Maharashtra Government to control the pandemic.
On Sunday, 10th May 2020, Poonam Pandey was seen gallivanting with her friend in her high- end car at Marine Drive for no specific reason. She was spotted and caught by Marine Drive Police and an FIR was registered against her and her friend - Sam Ahmad at Bombay.
Pandey, along with her friend, were booked under Sections 188 and 269 of Indian Penal Code, 1860, and Section 51(b) of Disaster Management Act, 2005, which is in force during the pandemic.
Mumbai Police Senior Inspector Mrityunjay Hiremath in a statement to Press Trust of India (PTI) said, “A case has been registered against Ms. Pandey and Sam Ahmad Bombay (46) under sections 269 (Negligent act likely to spread infection of disease dangerous to life) and 188 (Disobedience of order duly promulgated by public servant) of the Indian Penal Code (IPC) and under provisions of the National Disaster Act,”
As per Indian Penal Code, 1860, Section 188 provides for disobedience to order duly promulgated by a public servant. Section 3 of the Epidemic Diseases Act, 1897 is in line with Section 188 of the Indian Penal Code which provides penalties for disobeying any regulation or order made under the Act. Section 188 in simple terms states- It is not necessary for the criminal to plan to inflict harm or to regard his behavior as likely to cause harm. It is sufficient that he is aware of the order he disobeys and that his disobedience produces, or is likely to cause, harm.
Section 269 of the IPC provides for negligent acts likely to spread infection of disease dangerous to life. According to the provision - 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 may extend to six months, or with fine, or with both.
The National Disaster Management Act, 2005 has been enacted as the central Act to deal with the management of disasters. This act envisages a three-tier Disaster Management structure in India at National, States and District levels. Section 51(b) of the said Act provides for punishment for obstruction of the norms set by the Central or State Government as per the provisions of Disaster Management Act, 2005.
Epidemic Diseases Act, 1897 aims to provide for the better prevention of the spread of dangerous epidemic diseases. Under the act, temporary provisions or regulations can be made to be observed by the public to tackle or prevent the outbreak of a disease.
Maharashtra has been the worst- hit due to the novel coronavirus. As of today, it has a total of 23401 confirmed corona- positive cases with approximately 4,199 recoveries and 868 deaths.
