Indian Penal Code, 1860
Section 318
repealedConcealment 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 section addresses the concealment of a birth through secretive disposal of a dead child's body, which historically often arose in cases involving infanticide, illegitimate births, or social stigma around unwed pregnancy. Even if the death itself was not caused unlawfully, hiding the fact of birth through secret disposal obstructs the ability to investigate whether foul play occurred, and independently violates the law's interest in transparency around births and deaths. Under the Bharatiya Nyaya Sanhita, 2023, this offence is now covered under Section 94.
Common misconceptions
- Myth: This section only applies if the person caused the child's death.
Fact: It applies purely to the act of secretly concealing the birth by hiding the body, regardless of how or why the child died.