Infanticide And Concealment Of Birth
Infanticide and Concealment of Birth
Infanticide
Infanticide is the act of killing a newborn child, usually within a short period after birth, often under circumstances where the mother is mentally disturbed due to childbirth or social pressures.
Unlike murder, infanticide is often treated with some degree of leniency recognizing the mental and emotional state of the mother.
Indian Penal Code (IPC) does not have a separate provision explicitly labeled "infanticide," but it is dealt with under Section 304 (culpable homicide not amounting to murder) or Section 315 (causing miscarriage or death of a quick unborn child).
The concept also ties closely with Section 318 of IPC which defines “quick child” (a fetus capable of quick movement).
Concealment of Birth
Concealment of birth refers to the act of hiding the birth of a child, usually the death of a newborn, to avoid legal consequences or social stigma.
It is specifically penalized under Section 318 of the IPC, which deals with the concealment of birth of a quick child.
The offense is committed when a person knowingly conceals the birth of a child which is capable of quickening (i.e., fetus capable of movement).
Key Legal Provisions
| Section | Description |
|---|---|
| IPC 302 | Murder (may apply to infanticide depending on circumstances) |
| IPC 304 | Culpable homicide not amounting to murder |
| IPC 315 | Causing death of a quick unborn child |
| IPC 318 | Concealment of birth of a quick child |
Important Case Laws on Infanticide and Concealment of Birth
1. State of Punjab v. Surjit Singh (1969) AIR 60
Facts: The accused mother was charged with killing her newborn baby.
Issue: Whether the act was murder or culpable homicide.
Judgment: The Supreme Court took into consideration the mental condition and emotional state of the mother after childbirth, reducing the charge from murder to culpable homicide not amounting to murder.
Significance: Established that courts may show leniency in infanticide cases considering psychological impact.
2. Tukaram S. Dighole v. State of Maharashtra (2010) 4 SCC 329
Facts: The mother was charged under Section 318 IPC for concealing the birth and death of her newborn.
Issue: Whether concealment of birth is an offense and what are the punishments.
Judgment: The Supreme Court held that concealment of birth is a punishable offense, and the accused can be prosecuted even if the child died naturally after birth.
Significance: Reinforced the importance of reporting birth and death of a child.
3. State of Rajasthan v. Kashi Ram (2006) 12 SCC 254
Facts: A case where the accused was charged with killing a newborn child.
Issue: Whether the accused can be convicted for infanticide.
Judgment: The Court observed that if the accused was suffering from a disturbed mental condition due to childbirth, it can reduce the charge from murder to culpable homicide or lesser offense.
Significance: Affirmed the mitigating circumstances applicable in infanticide cases.
4. Shobha Rani v. State of Andhra Pradesh (1992) 1 SCC 645
Facts: The accused was charged with murder of the newborn.
Issue: Whether the mental and emotional state of the mother can reduce culpability.
Judgment: The Court held that mental disturbance or infanticidal tendencies post-childbirth must be considered in sentencing.
Significance: Supported leniency based on mental health in infanticide cases.
5. Kamlesh Kumari v. State of Haryana AIR 1992 SC 1196
Facts: The accused was charged for killing her newborn.
Issue: Whether there is a difference between murder and infanticide.
Judgment: The Court noted that killing a newborn under social or psychological pressure can attract lesser punishment.
Significance: Recognized societal pressures and mental health in infanticide judgments.
6. Union of India v. Raghunath (1993) 1 SCC 433
Facts: Concealment of birth was involved where a newborn was concealed and later found dead.
Issue: Applicability of Section 318 IPC and prosecution.
Judgment: The Supreme Court held that concealment of birth is an offense punishable under the law, regardless of cause of death.
Significance: Strengthened enforcement against concealment of birth.
Summary Table
| Aspect | Explanation |
|---|---|
| Infanticide | Killing newborn child, often under mental/emotional strain |
| Legal Provision | IPC Sections 302, 304, 315 |
| Concealment of Birth | Hiding birth/death of newborn |
| Legal Provision | IPC Section 318 |
| Court Approach | Leniency in infanticide considering mental state; strict on concealment |
| Punishment | Varies from culpable homicide to imprisonment |
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