Section 105
Prohibition Of Transmitting Human Immuno-deficiency Virus (hiv Positive)
tive): (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 any one 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.
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(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.