IPC Section 240

IPC Section 240 – Maliciously Doing Act to Endanger Life or Health of Others

Text of Section 240 (simplified):
"Whoever maliciously does any act which is likely to cause danger to human life, or to the health of any person, or to commit an offense against property, shall be punished under this section."

Detailed Explanation

Nature of Offense:

Section 240 deals with acts that endanger life or health of others.

It covers malicious acts that may not necessarily cause harm but have the potential to do so.

Who Can Be Liable:

Any person who:

Maliciously (intentionally or with knowledge of risk) does something,

Which endangers life, health, or property of others.

Elements of the Offense:
To constitute an offense under Section 240, the following must be present:

Malicious act: The act must be done with wrongful intent or negligence.

Likelihood of danger: The act must create a risk to life, health, or property.

Effect on others: It must endanger other people, not just the offender.

Direct or indirect act: The act can be direct (like firing a gun) or indirect (like tampering with a gas pipe).

Examples

Tampering with water supply in a colony, potentially causing disease.

Setting fire near crowded areas, even if no one is hurt yet.

Poisoning food or drink that is meant for general consumption.

Punishment

Imprisonment up to 6 months, or

Fine, or

Both.

Key Points to Remember

Malicious intent is essential – accidental acts are generally not covered.

It is a preventive provision: the law punishes the act itself, even if harm has not occurred.

Related sections:

IPC 268, 278, 287 – all deal with public health and safety.

IPC 302, 304 – deal with consequences if the act results in death.

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