'Material In Chargesheet Doesn't Make Out Offence': Punjab & Haryana HC Quashes FIR Against Woman Booked For Spreading COVID-19

The Punjab & Haryana High Court quashed an FIR lodged against a woman–an international civil servant with the United Nations–who traveled from South Africa to India, under Sections 269 IPC and Section 51 of Disaster Management Act for allegedly spreading COVID-19 infection during the outbreak in 2021.As per Section 269 IPC, 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.Justice N.S. Shekhawat said, "To attract ingredients of Sections 269 IPC, the person must commit such negligent act, which is likely to spread infection of disease, which is dangerous to life."The judge noted that in the present case, the petitioner had traveled from South Africa to India and while entering the leaving the airports in transit, she had undergone RT-PCR test for checking of Covid 19 infection and was never declared Covid-19 positive at any airport by any health authority of any country.Even, in India, she had undergone RT-PCR tests and was declared negative for the presence of the said disease, the Court added.It further pointed that during the course of investigation, the prosecution could not find any evidence to prove that either the petitioner was suffering from some infection or infectious or contagious disease and or was responsible for committing an act, which was likely to spread the infection of a disease, which was dangerous to life. "From the material produced in the charge sheet, there was no evidence to substantiate the fulfillment of the ingredients of the offence under Section 269 IPC," the court added. Justice Shekhawat further highlighted that from Section 51 (Punishment for obstruction) of the Disaster Management Act, it is apparent that the disobedience of the provisions of the Disaster Management Act, 2005 is always construed as commission of an offence under Section 188 of Indian Penal Code.In the present case, there are allegations that the petitioner had violated the provisions of the Disaster Management Act, 2005 and which shall be deemed to be an offence punishable under Section 188 (Disobedience to order duly promulgated by public servant) of IPC, the judge said, The Court noted further that as per Section 195 of the Code lays down that no Court shall take cognizance of any offence punishable under Sections 172 to 188 (both inclusive) of the IPC, except on the complaint in writing to the public servant concerned or of some other public servant to whom he is administratively subordinate and in the present case, there is no complaint filed by Collector or his subordinate officer.While referring to catena of judgements, the Court opined that "the prosecution could not have been launched against the petitioner under Section 188 of IPC, based on a challan submitted by the police for an offence punishable under Section 188 of IPC. Even, as per Section 195(1) of Cr.P.C., the complaint could be filed only by the Secretary, Ministry of Health and Family Welfare, Government of India, or any other officer superior to him as it was alleged by the prosecution that the petitioner had allegedly violated the notification issued by him."In the light of the above, the Court quashed the FIR.Mr. Mayank Sharma, Advocate, for the petitioner.Mr. Akashdeep Singh, Spl. P.P., U.T., Chandigarh.Title: Manmeet Kaur v. The State of UT ChandigarhCitation: 2025 LiveLaw (PH) 16Click here to read/download the order

'Material In Chargesheet Doesn't Make Out Offence': Punjab & Haryana HC Quashes FIR Against Woman Booked For Spreading COVID-19

Aiman J. Chishti

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