Concealment of birth by secret disposal of dead body
What this section does
This section penalises the intentional concealment of a child's birth by secretly burying or otherwise disposing of the child's dead body, regardless of whether the child died before, during, or after birth.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Imprisonment of either description for a term which may extend to 2 years, or fine, or both.
- Triable by
- Any Magistrate
- Cognizable
- No
- Bailable
- Yes
- Compoundable
- No
Ingredients (what prosecution must prove)
- The accused secretly buried or otherwise disposed of the dead body of a child
- The child died before, during, or after its birth
- The accused thereby intentionally concealed or endeavoured to conceal the birth of the child
Practitioner note
The section covers attempts to conceal ('endeavours to conceal') as well as completed concealment. The timing of the child's death (before, during, or after birth) is immaterial.
Derived from IPC s.318.
Read the official text
For the binding statutory text of BNS Section 94, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 94 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.