Section 3 in The Epidemic Diseases Act, 1897

Title: Penalty

Description: 1[(1)] Any person disobeying any regulation or order made under this Act shall be deemed to have committed an offence punishable under section 188 of the Indian Penal Code (45 of 1860). 2[(2) Whoever,-- (i) commits or abets the commission of an act of violence against a healthcare service personnel; or (ii) abets or cause damage or loss to any property, shall be punished with imprisonment for a term which shall not be less than three months, but which may extend to five years, and with fine, which shall not be less than fifty thousand rupees, but which may extend to two lakh rupees. (3) Whoever, while committing an act of violence against a healthcare service personnel, causes grievous hurt as defined in section 320 of the Indian Penal Code (45 of 1860) to such person, shall be punished with imprisonment for a term which shall not be less than six months, but which may extend to seven years and with fine, which shall not be less than one lakh rupees, but which may extend to five lakh rupees.] 1. Section 3 renumbered as sub-section (1) thereof by Act 34 of 2020, s. 6 (w.e.f. 22-4-2020). 2. Ins. by Act 34 of 2020, s. 6 (w.e.f. 22-4-2020).

Title: Cognizance, investigation and trial of offences.

Description: 1[3A. Cognizance, investigation and trial of offences.--Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),-- (i) an offence punishable under sub-section (2) or sub-section (3) of section 3 shall be cognizable and non-bailable; (ii) any case registered under sub-section (2) or sub-section (3) of section 3 shall be investigated by a police officer not below the rank of Inspector; (iii) investigation of a case under sub-section (2) or sub-section (3) of section 3 shall be completed within a period of thirty days from the date of registration of the First Information Report; (iv) in every inquiry or trial of a case under sub-section (2) or sub-section (3) of section 3, the proceedings shall be held as expeditiously as possible, and in particular, when the examination of witnesses has once begun, the same shall be continued from day to day until all the witnessed in attendance have been examined, unless the Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded, and an endeavor shall be made to ensure that the inquiry or trial is concluded within a period of one year: Provided that where the trial is not concluded within the said period, the Judge shall record the reasons for not having done so: Provided further that the said period may be extended by such further period, for reasons to be recorded in writing, but not exceeding six months at a time.] 1. Ins. by s. 7, ibid. (w.e.f. 22-4-2020).

Title: Composition of certain offences.

Description: 1[3B. Composition of certain offences.--Where a person is prosecuted for committing an offence punishable under sub-section (2) of section 3, such offence may, with the permission of the Court, be compounded by the person against whom such act of violence is committed.] 1. Ins. by s. 7, ibid. (w.e.f. 22-4-2020).

Title: Presumption as to certain offences.

Description: 1[3C. Presumption as to certain offences.--Where a person is prosecuted for committing an offence punishable under sub-section (3) of section 3, the Court shall presume that such person has committed such offence, unless the contrary is proved.] 1. Ins. by s. 7, ibid. (w.e.f. 22-4-2020).

Title: Presumption of culpable mental state.

Description: 1[3D. Presumption of culpable mental state.--(1) In any prosecution for an offence under sub-section (3) of section 3 which requires a culpable mental state on the part of the accused, the Court shall presume the existence of such mental state, but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution. (2) For the purposes of this section, a fact is said to be proved only when the Court believes it to exist beyond reasonable doubt and not merely when its existenc e is established by a preponderance of probability. Explanation.--In this section, "culpable mental state" includes intention, motive, knowledge of a fact and the belief in, or reason to believe, a fact. 1. Ins. by s. 7, ibid. (w.e.f. 22-4-2020).