#THE EPIDEMIC DISEASES ACT, 1897 
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##ARRANGEMENT OF SECTIONS 
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SECTIONS 

1. Short title and extent. 
1A. Definitions. 
2. Power to take special measures and prescribe regulations as to dangerous epidemic disease. 
2A. Powers of Central Government. 
2B. Prohibition of violence against healthcare service personnel and damage to property. 
3. Penalty. 
3A. Cognizance, investigation and trial of offences. 
3B. Composition of certain offences. 
3C. Presumption as to certain offences. 
3D. Presumption of culpable mental state. 
3E. Compensation for acts of violence. 
4. Protection to persons acting under Act. 



#THE EPIDEMIC DISEASES ACT, 1897 

##ACT NO. 3 OF 1897
[^1]

[4th February, 1897.] 

An Act to provide for the better prevention of the spread of Dangerous Epidemic Diseases.

  WHEREAS  it  is  expedient  to  provide  for  the  better  prevention  of  the  spread  of  dangerous  epidemic 
disease; It is hereby enacted as follows :— 

1. **Short title and extent.**—(1) This Act may be called the Epidemic Diseases Act, 1897. 

(2) It extends to the whole of India

1A. **Definitions.**—In this, unless the context otherwise requires,— 

  (a) “act of violence” includes any of the following acts committed by any person against a 
healthcare service personnel serving during an epidemic, which causes or may cause — 

     (i) harassment  impacting  the  living  or  working  conditions  of  such  healthcare  service 
personnel and preventing him from discharging his duties; 

     (ii) harm,  injury,  hurt,  intimidation  or  danger  to  the  life  of  such  healthcare  service 
personnel, either within the premises of a clinical establishment or otherwise; 

     (iii) obstruction  or  hindrance  to  such  healthcare  service  personnel  in  the  discharge  of 
his duties, either within the premises of a clinical establishment or otherwise; or 

     (iv) loss  or  damage  to  any  property  or  documents  in  the  custody  of,  or  in  relation  to, 
such healthcare service personnel; 

  (b) “healthcare  service  personnel”  means  a  person  who  while  carrying  out  his  duties  in 
relation to epidemic related responsibilities, may come in direct contact with affected patients 
and thereby is at the risk of being impacted by suc h disease, and includes— 

     (i) any  public  and  clinical  healthcare  provider  such  as  doctor,  nurse,  paramedical 
worker and community health worker; 

     (ii) any  other  person  empowered  under  the  Act  to  take  measures  to  prevent  the 
outbreak of the disease or spread thereof; and 

[^1]. This Act has been amended in its application to— 

  (1) the Punjab by the Epidemic Diseases (Punjab Amendment) Act, 1944 (Punjab Act 3 of 1944); in East Punjab by 
East Punjab Act 1 of 1947: 

  (2) the C. P. and Berar by the C. P. and Berar Epidemic Diseases (Amendment) Act, 1945 (C. P. and Berar Act 4 of 1945). 
The Act has been extended to— 

     (1) the whole of Madhya Pradesh by M.P. Act 23 of 1958 (when notified). 
     (2) the transferred territories of Punjab by Punjab Act 8 of 1961. 
     (3) in Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and Sch. 
     (4) to Lakshadweep (w.e.f. 1-10-1967) : vide Reg. 8 of 1965, s. 3 and Sch. 
     (5) Union territory of Pondicherry by Act 26 of 1968, s. 3 and Sch. 
  The Act has been repealed in its application to Bellary District by Mysore Act 14 of 1955. 

 
 
     (iii) any  person  declared  as  such  by  the  State  Government,  by  notification  in  the 
Official Gazette; 

  (c) “property” includes— 

     (i) a clinical establishment as defined in the Clinical  Establishments (Registration and 
Regulation) Act, 2010 (23 of 2010); 

     (ii) any facility identified for quarantine and isolation of patients during an epidemic; 

     (iii) a mobile medical unit; and 

     (iv)  any  other  property  in  which  a  healthcare  service  personnel  has  direct  interest  in 
relating to the epidemic; 

  (d) the words and expressions used herein and not defined, but defined in the Indian Ports 
Act,  1908  (15  of  1908),  the  Aircraft  Act,  1934  (22  of  1934)  or  the  Land  Ports  Authority  of 
India Act, 2010 (31 of 2010), as the case may be, shall have the same meaning as assign ed to 
them in that Act.

2. **Power  to  take  special  measures  and  prescribe  regulations  as  to  dangerous  epidemic 
disease.**—(1)  When  at  any  time  the State Government is satisfied that the State or any part 
thereof is visited by, or threatened with, an outbreak of any dangerous epidemic disease, the State 
Government, if it thinks  that  the  ordinary  provisions  of  the  law  for  the  time  being  in  force  are 
insufficient  for  the  purpose,  may  take,  or  require  or  empower  any  person  to  take,  such  measures 
and, by public notice, prescribe such temporary regulations to be observed by the public or by any 
person or class of persons as it shall  deem  necessary  to  prevent  the  outbreak  of  such  disease  or 
the  spread  thereof,  and  may  determine  in  what  manner  and  by  whom  any  expenses  incurred 
(including compensation if any) shall be defrayed. 

(2) In  particular  and  without  prejudice  to  the  generality  of  the  foregoing  provisions, the State 
Government may take measures and prescribe regulations for— 

  (b)  the  inspection  of  persons  travelling  by  railway  or  otherwise,  and  the  segregation,  in  hospital, 
temporary accommodation or otherwise, of persons suspected by the inspecting officer of being infected 
with any such disease. 

2A. **Powers of Central Government.**—When the Central Government is satisfied that India 
or  any  part  thereof  is  visited  by,  or  threatened  with,  an  outbrea k  of  any  dangerous  epidemic 
disease and that  the ordinary  provisions  of the  law  for the  time  being  in  force  are  insufficient  to 
prevent  the  outbreak  of  such  disease  or  the  spread  thereof, the Central  Government  may  take 
such  measures, as it deems  fit  and  prescribe  regulations for  the inspection  of  any  bus  o r  train or 
goods vehicle or ship or vessel or aircraft leaving or arriving at any land port or aerodrome, as the 
case may be, in the territories to which this Act extends and for such detention thereof, or of any 
person intending to travel therein, or arriving thereby, as may be necessary.
 
2B. **Prohibition of violence against healthcare service personnel and damage to property.**—No 
person shall indulge in any act of violence against a healthcare service personnel or cause any damage or 
loss to any property during an epidemic.

3. **Penalty.**—(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) 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.

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. 

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. 

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. 

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. 

3E. **Compensation for acts of violence.**—(1)  In  addition  to  the  punishment  provided  for 
an offence under sub-section (2) or sub-section (3) of section 3, the person so convicted shall 
also  be  liable  to  pay,  by  way  of  compensation,  such  amount,  as  may  be  determined  by  the 
Court for causing hurt or grievous hurt to any healthcare service personnel. 

(2) Notwithstanding the composition of an offence under section 3B, in case of damage to 
any  property  or  loss  caused,  the  compensation  payable  shall  be  twice  the  amount  of  fair 
market value of the damaged property or t he loss caused, as may be determined by the Court. 

(3) Upon  failure  to  pay  the  compensation  awarded  under  sub-sections  (1)  and  (2),  such 
amount shall be recovered as an arrear of land revenue under the Revenue Recovery Act, 1890 
(1 of 1890).

4. **Protection to persons acting under Act.**—No  suit  or other  legal  proceeding  shall 
lie  against  any  person  for  anything  done  or  in  good  faith  intended  to  be  done  under  this 
Act.