Bharatiya Nyaya Sanhita, 2023
Section 94
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.
Why this exists
This provision traces back to colonial-era Indian Penal Code Section 318, aimed at cases where births (often of illegitimate or unwanted children) were hidden through secret disposal of a dead infant's body, making it impossible to investigate whether the child died naturally or was killed. The law does not require proving murder or foul play — the offence lies purely in the secret concealment of the birth itself, since such secrecy obstructs the state's ability to determine whether a crime like infanticide occurred.
Common misconceptions
- Myth: This section only applies if the baby was killed or murdered.
Fact: The section applies regardless of the cause of death — even if the child was stillborn or died naturally — as long as the body was secretly disposed of to hide the birth. - Myth: Only the mother can be charged under this law.
Fact: Anyone who secretly buries or disposes of the child's body with intent to conceal the birth can be charged, not just the mother.