Section 105: Prohibition of transmitting human immuno-deficiency virus (HIV positive)

1) No person, knowing that his or her own body or any other’s body contains human immuno-deficiency virus (HIV positive) or the virus of Hepatitis B, shall with intent to transmit such disease to another person, donate his or her blood to such person or cause the donation of such other person’s blood or have sexual intercourse with anyone without taking any kind of precaution or transfuse in any way his or her or such person’s blood, semen, saliva, sputum or human organ into other’s body.

2) A person who commits, or causes to be committed, the offence referred to in sub-section (1) shall be liable to a sentence of imprisonment for a term not exceeding ten years and a fine not exceeding one hundred thousand rupees.

Provided that where such disease has got transmitted with negligence or recklessness, failing any intent to transmit it, the offender shall be liable to a sentence of imprisonment for a term not exceeding three years and a fine not exceeding thirty thousand rupees.

3) Where the victim himself or herself has solicited and established sexual intercourse with a person having the human immuno-deficiency virus or the virus of Hepatitis B, the person having the infection of such virus shall not be considered to have committed the offence referred to in this Section.