suffering with hiv+

Hello Sir, In this case, you can file a criminal case against that woman. Though India doesn't have any HIV specific laws till now but there are certain provisions mentioned under Indian Penal Code,1860 related to transmission of such deathly diseases through s*x, etc. Section 269 of IPC states that unlawfully or negligently undertaking an act likely to spread an infection dangerous to life is punishable by six months imprisonment and/or a fine. Section 270 increases the penalty to up to two years and/or a fine when the act is a ‘malignant act’.< Therefore,the woman can get imprisonment upto 6 months and 2 years along with a fine. Also, in the landmark judgement of Sabhajeet Maurya v State of NCT of Delhi, a question was raised whether a person malignly spreading any dangerous disease can be charged of attempt to murder ? The court in here held that HIV positive patient cannot be prosecuted for the offence of attempt to murder if they had s*xual intercourse without consent.

Thus, you can file a criminal complaint against the woman.

Read more at: https://www.lawyersclubindia.com/forum/suffering-with-hiv--225945.asp#reply