Bio-Crime and Public Health: Legal and Forensic Perspectives on the Intentional Transmission of HIV and Communicable Diseases

Abstract

The conscious spread of infectious diseases, particularly HIV, is one of the most challenging intersections between law, forensics science, psychiatry and public health. In India, the relevant laws are compartmentalised, while Sections 271-272 of the Bharatiya Nyaya Sanhita (BNS), 2023, deal with negligent and malignant acts that are likely to spread infection, while the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention And Control) Act, 2017 (HIV & AIDS Act) prohibits discrimination and certain acts (Section 4), imposes a duty to prevent transmission (Section 10), and protects confidentiality with specific exceptions (Sections 8–9); Section 37 prescribes penalties for contravention. The courts have faced this dilemma of striking a balance between these provisions and the right to autonomy in the case of Mr X v. Hospital Z (1998), when prerogatives of confidentiality clashed with public interest. Courts across the world have had different approaches, ranging from R v. Dica (UK, 2004), which held reckless transmission as serious harm, to R v. Mabior (Canada, 2012), requiring disclosure of HIV status even when a person is virally suppressed. For forensic science, it gets more complicated. Although sequencing of the microbial genome and phylogenetic comparisons can
indicate a direct connection between source and victim, they seldom demonstrate criminal intent beyond reasonable doubt. The lack of forensic guidelines and psychiatric evaluations increases the likelihood
of miscarriages, which are already being directed at marginalised groups. This article uses exceptions and putative remedies to critically examine current statutes, judicial solutions, and forensic realities and
argues in opposition against stigma-laden attacks on human dignity.
Keywords: Bharatiya Nyaya Sanhita (BNS), Forensic evidence, HIV & AIDS, Human rights, Intentional transmission, Public health law.

DOI: https://doi.org/10.24321/0019.5138.202639

How to cite this article:
Kumar R, Kaur G, Anand A, Parveen M S, Manu H. Bio-Crime and Public Health: Legal and Forensic Perspectives on the Intentional Transmission of HIV and Communicable Diseases. J Commun Dis. 2026;58(2):137-142.