Section 94 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 94 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the offense of concealing the birth of a child by secretly disposing of its dead body. This provision criminalizes actions where an individual intentionally hides the birth of a child, irrespective of whether the child was stillborn, died during, or after birth, by secretly burying or otherwise disposing of the dead body.
๐ Text of Section 94
"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."
โ๏ธ Legal Implications
Offense Nature: This is a cognizable offense, meaning the police have the authority to make an arrest without a warrant and to start an investigation with or without the permission of a court.
Punishment: The offense is punishable with imprisonment for a term which may extend to two years, or with a fine, or with both.
Cognizance: No court shall take cognizance of this offense except upon a police report of facts which constitute such offense or upon a complaint made by the person aggrieved by the offense or by her father, mother, brother, sister, or by her father's or mother's brother or sister, or with the leave of the court, by any other person related to her by blood, marriage, or adoption.
๐ Key Elements of the Offense
Concealment of Birth: The act involves intentionally hiding the fact that a child has been born.
Secret Disposal of the Dead Body: The body of the deceased child is disposed of without proper notification or examination, often to avoid detection by authorities.
Dead Body of the Child: The offense pertains to a dead child whose birth has been concealed
Intent: The intent behind concealing the birth and disposing of the body is usually to avoid legal consequences
๐งพ Illustrative Example
If an individual secretly buries the body of a stillborn child in their backyard to hide the birth, such an act would fall under the purview of Section 94 of the BNS, 2023. The person could be subject to imprisonment for a term which may extend to two years, or a fine, or both.
๐ Additional Information
Cognizability: The offense is cognizable, meaning the police have the authority to arrest the accused without a warrant and to start an investigation with or without the permission of a court.
Bailability: The offense is bailable, implying that the accused has the right to be released on bail.
Triable by: Any Magistrate
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