BNS Section 94 – Concealment of birth by secret disposal of dead body

Amit Kapoor03 mins

IPC Section – 318

Cognizable
punishable with imprisonment for two years, or with
fine, or with both

Concealment of birth by secret disposal of dead body

Whoever, by secretly burying or otherwise disposing of the dead body of a child whether such child die before or after or during its birth, intentionally conceals or endeavours to conceal the birth of such child, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Key Points of BNS-94

Section BNS-94 addresses the criminal offense of attempting to hide the birth of a child by secretly disposing of the dead body. The law covers various situations related to the concealment of birth.

1. Act of Concealment

  • The offense involves burying or otherwise disposing of the dead body of a child in an attempt to hide the birth, regardless of whether the child died before, after, or during birth.

2. Intention Behind the Act

  • The key element is intention: the person must have deliberately tried to conceal the birth of the child, not simply disposing of the body due to other circumstances.

3. Punishment

  • Punishment for this offense may include imprisonment for up to two years, a fine, or both.

4. Scope of Application

  • The law applies whether the death of the child occurs before, during, or after birth, ensuring that any attempt to conceal the birth through secret disposal is addressed.

Summary of BNS-94:

  • Offense: Concealment of birth by secret disposal of the dead body.
  • Punishment: Imprisonment for up to 2 years, a fine, or both.
  • Cognizable or Non-cognizable: Cognizable.
  • Bailable or Non-bailable: Bailable.
  • Court: Triable by a Magistrate of the First Class.

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