BACK TO SECTIONS(2003) 4 SCC 601
BNS 2024ACTIVE FRAMEWORK
Section 94
Concealment of birth by secret disposal of dead body
Replaces colonial-era: IPC 318
BailableCognizable: CognizableMagistrate First Class
Reform Highlights
1
Renumbered from IPC 318 to BNS 94.
2
Substantive law preserved — secret disposal of infant bodies remains punishable.
THE STATUTE
The Clause
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.
Legal Commentary
Section 94 addresses the criminal concealment of a birth through the secret disposal of an infant's dead body. The offence serves multiple legal purposes: it prevents the cover-up of infanticide (murder of a newborn), it maintains the integrity of civil birth and death registration systems, and it protects the dignity of even stillborn children. The section applies whether the child died before birth (stillbirth), during birth, or after birth — the offence is the concealment of the birth itself, not necessarily the death. A person who secretly buries a stillborn child to avoid the social shame of an illegitimate pregnancy, or a person who hides a baby's body to conceal an infanticide, is equally captured. The intent required is to 'intentionally conceal' — not mere failure to register (which is a regulatory offence under registration laws), but active steps to prevent anyone from learning of the birth. Courts have held that the provision is not intended to punish women in extremely distressing circumstances of concealed pregnancy alone — prosecutorial discretion and judicial sensitivity have shaped how it is applied.
Landmark Precedents
State of Maharashtra v. Praful B. Desai (2003)
RELEVANCE
BNS 94 requires proof of intentional concealment — not merely the fact of the child's death; the intent to hide the birth is the essential element.
Case Simulations
"Burying a newborn baby in a forest to conceal an illegal abortion — BNS 94."
"Secretly disposing of the body of a baby who died during a home birth by throwing it in a river to avoid the social stigma of an illegitimate pregnancy — BNS 94."
"A family that kills a female newborn and buries the body in the backyard to conceal the birth — BNS 94 alongside BNS 91 and BNS 103."
Expert Insights
To ensure every birth and death is accounted for in official records, and to prevent the concealment of crimes like infanticide, sex-selective killing of newborns, or illegal abortions through the secret disposal of an infant's body.
No. Failure to register a birth is a regulatory violation under birth registration laws. BNS 94 requires the active concealment of the birth through the secret disposal of the child's body — a much more serious and deliberate act.