Section 94 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 94 – Secret Disposal of Dead Body to Conceal Birth
Provision:
Whoever, with intent to conceal the birth of a child, secretly buries or otherwise disposes of the dead body of a child — whether the child died before, during, or after birth — shall be punished with imprisonment up to two years, or with a fine, or both.
Legal Context:
Purpose: This section aims to ensure transparency regarding births and deaths. Concealing a birth and secretly disposing of the dead body often relates to attempts to hide illegal abortions, infanticide, or social stigma.
Punishment: The maximum punishment under this section is imprisonment up to two years, or a fine, or both.
Comparison: This is similar to Section 318 of the Indian Penal Code (IPC), which also criminalizes the secret disposal of a dead body to conceal a birth.
Practical Examples:
A woman gives birth to a child who is stillborn and secretly buries the dead body to hide the birth.
Parents dispose of the dead body of a newborn secretly to avoid social stigma.
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