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.
Simplified Explanation
Section 94 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the concealment of birth through the secret disposal of a dead body. This section criminalizes the act of hiding the birth of a child and then secretly disposing of the body, which often implies that the child was either born dead or killed shortly after birth.
What does Section 94 address?
Section 94 makes it a criminal offense when someone conceals the birth of a child and secretly disposes of the dead body. This could include actions where the birth of a child is not reported, the child’s body is hidden, and the body is disposed of in an unlawful or secretive manner, typically to avoid legal consequences or societal stigma.
Key Elements of the Offense under Section 94:
- Concealment of Birth:
- Concealing the birth refers to deliberately hiding the fact that a child has been born. This can include failing to register the birth, not informing authorities, or attempting to keep the birth a secret from others. Concealing the birth usually implies an intention to hide the circumstances of the birth—for example, to avoid legal scrutiny or because the birth was out of wedlock.
- Secret Disposal of the Dead Body:
- Secret disposal means that the body of the deceased child is disposed of without proper notification or examination, often to avoid detection by authorities. The dead body may be discarded in an isolated or hidden place, such as buried without official documentation or left in a way that hides the nature of the child’s death.
- Dead Body of the Child:
- The offense pertains to a dead child whose birth has been concealed. This could involve cases where the child was stillborn or died shortly after birth. In cases where the child died after birth, the person concealing the birth and disposing of the body might be guilty of infanticide, depending on the circumstances and intent.
- Intent:
- The intent behind concealing the birth and disposing of the body is usually to avoid legal consequences. This could stem from fear of social judgment, stigma, or potential charges related to the death of the child. In cases where the child’s death was caused by the actions of the person concealing the birth, it may also suggest intentional harm.
Punishment for the Offense:
- Imprisonment and/or fine: If convicted under Section 94, the individual responsible for concealing the birth and secretly disposing of the dead body can face imprisonment for up to 7 years and/or a fine. The severity of the penalty reflects the serious nature of the offense, as it involves both the concealment of a life and the disposal of a dead body, often to avoid legal or moral accountability.
Purpose and Protection:
The primary goals of Section 94 are:
- Protecting human life: This section seeks to ensure that the birth and death of a child are properly recorded and dealt with according to law. Concealing birth and disposing of the dead body secretly undermines the recognition and respect for the life of the child.
- Ensuring accountability: The section holds individuals accountable for actions that conceal the circumstances of a birth and death, particularly when the child’s death might have been preventable or caused by unlawful actions.
- Prevention of unlawful acts: By criminalizing the concealment and secret disposal of a child’s body, the law seeks to prevent individuals from hiding potential acts of infanticide or other forms of harm to the child.
Example scenarios under Section 94:
- Scenario 1: A woman gives birth to a child, but the child is stillborn. She then hides the birth from others, disposes of the body secretly, and does not report the birth to authorities. This is a violation of Section 94 because the birth was concealed, and the body was disposed of without proper legal documentation.
- Scenario 2: A child is born alive but dies shortly after birth. The mother, fearing legal consequences or societal judgment, hides the body and does not report the death. The secret disposal of the child’s body would be an offense under Section 94.
- Scenario 3: A person causes harm to a newborn child and then disposes of the child’s body secretly to avoid legal consequences or public shame. In this case, the individual could face charges under Section 94 for concealing the death and disposing of the body unlawfully.
In summary, Section 94 criminalizes the concealment of a child’s birth and the secret disposal of the child’s dead body. It seeks to protect the dignity of life, ensure that all births and deaths are properly recorded, and prevent unlawful actions that could harm the child or evade legal responsibility. The section emphasizes accountability for acts of concealment and unlawful disposal of bodies, ensuring that proper legal processes are followed in all cases involving the birth and death of a child.
