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Section 94: Concealment of Birth by Secret Disposal of Dead Body

Bharatiya Nyaya Sanhita • Chapter V: Of Offences Against Women & Children • Official Statutory Text & Legal Guide

Chapter V: Of Offences Against Women & Children
Magistrate 1st Class
Bailable
Cognizable
Formerly Sec 318 IPC
Section 93 All 358 Sections of Bharatiya Nyaya Sanhita Section 95

Legal Commentary & Landmark Judgments: Section 94

Section 94 penalizes concealment of birth by secret disposal of a dead body, providing imprisonment of either description for a term which may extend to two years, or fine, or both.

  • Secret Disposal of Corpse: Secretly burying, burning, or otherwise disposing of the dead body of a child.
  • Concealment of Birth Intent: Done with the specific intention of concealing the birth of the child from the public or authorities.
  • Death Irrelevant: Applies whether the child died before or after or during its birth.
Key Landmark Precedents:
  • Radha v. State of Rajasthan (1973) Cri LJ 1515: Held that Section 318 IPC (Section 94 BNS) requires proof of secret disposal of the dead body with intent to conceal birth; mere denial of pregnancy is insufficient.
  • State of M.P. v. Babulal (1998) 1 SCC 586: Affirmed that discovery of a newborn infant's body buried in secret under police memo establishes liability.
Courtroom Practice & Strategic Litigation Guidance:

In infant body recovery cases, cross-examine on the secrecy element: if the burial was attended by village elders or family members in an established graveyard, the element of 'secret disposal' is disproved, defeating Section 94 charges.

Section 93 All 358 Sections of Bharatiya Nyaya Sanhita Section 95