Noida Biryani Case: Understanding Laws on Public Health and Negligence

1. Incident Overview: In April 2025, a Noida restaurant owner was arrested after delivering chicken biryani instead of vegetarian biryani, prompting legal action under health-related laws.
2. Legal Provision Invoked: The owner faced charges under Section 271 of the Bharatiya Nyaya Sanhita (BNS), which penalizes negligent acts likely to spread diseases dangerous to life.
3. BNS Section 271: This section, replacing IPC Section 269, targets negligence with a maximum punishment of six months imprisonment or a fine, focusing on public health risks.
4. Section 272 Contrast: BNS Section 272 (replacing IPC Section 270) addresses malignant acts with intent to spread infection, carrying harsher penalties, but wasn’t applied here.
5. Case Context: The woman claimed health deterioration after consuming non-vegetarian food during Navratri, though linking this to a “deadly disease” remains debated.
6. Historical Use: During the Covid-19 pandemic, similar provisions (IPC 269/270) were used to enforce lockdowns, e.g., against singer Kanika Kapoor in 2020 for attending events while infected.
7. Judicial Precedents: Courts assess such laws case-by-case; in 1998, the Supreme Court ruled Section 269 inapplicable to consensual acts (e.g., AIDS in marriage).
8. Overlap with Other Laws: In a 2008 Punjab case, adulterated food fell under the Prevention of Food Adulteration Act, not IPC 269, showing legal boundaries.
9. Investigation: The Food Safety and Standards Authority of India (FSSAI) collected samples, indicating potential additional charges for misbranding or substandard food.
10. Broader Implication: The case highlights the intersection of public health laws, consumer rights, and criminal negligence, raising questions about their application in non-traditional scenarios.

Glossary

• Bharatiya Nyaya Sanhita (BNS): India’s new criminal code replacing the Indian Penal Code (IPC), effective from 2023.
• Section 271: Law punishing negligent acts likely to spread life-threatening diseases.
• Section 272: Law targeting intentional (malignant) acts to spread infection.
• IPC: Indian Penal Code, the colonial-era law replaced by BNS.
• FSSAI: Food Safety and Standards Authority of India, regulating food quality and safety.

Link To The Original Article – https://indianexpress.com/article/explained/explained-law/noida-biryani-case-the-law-against-spread-of-deadly-disease-that-has-been-invoked-9935271/