Whoever hires, employs or engages any child to commit an offence shall be punished with imprisonment of either description which shall not be less than three years but which may extend to ten years, and with fine; and if the offence be committed shall also be punished with the punishment provided for that offence as if the offence has been committed by such person himself.
Explanation.—Hiring, employing, engaging or using a child for sexual exploitation or pornography is covered within the meaning of this section.
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 secretly disposing of the dead body, typically in cases where the child is stillborn or dies shortly after birth, and the birth is not reported.
What does Section 94 address?
Section 94 makes it an offense when a person conceals the birth of a child and secretly disposes of the child’s dead body, usually to avoid legal consequences, social stigma, or potential charges like infanticide or manslaughter. This could involve situations where the birth was not registered, the body was discarded without proper legal or medical procedures, and the event was hidden from authorities.
Key Elements of the Offense under Section 94:
- Concealment of Birth:
- Concealing the birth refers to the act of hiding the fact that a child has been born. This could involve failing to report the birth to authorities or anyone else, not registering the birth, or keeping the birth a secret.
- It also includes any attempt to avoid recognition or registration of the birth, especially in cases where the child was born out of wedlock, or the birth is considered socially or legally stigmatized.
- Secret Disposal of the Dead Body:
- Secret disposal means disposing of the child’s body in a hidden or unreported manner, such as burying the body without notifying authorities or leaving the body in an isolated or obscure location.
- This could also involve destroying the body or leaving it in a place where it may not be found, further preventing the discovery of the birth or the circumstances of the death.
- Dead Body of the Child:
- The offense specifically concerns the death of a child. The child is either stillborn or has died shortly after birth. The focus is on the illegal disposal of the child’s body after death, without the proper documentation or medical investigation.
- Intent to Conceal:
- The key element in this offense is the intent to conceal the birth and the death of the child. The person involved must have deliberately acted to hide the birth and dispose of the body secretly, usually to avoid detection or legal consequences.
Punishment for the Offense:
- Imprisonment and/or fine: A person convicted under Section 94 for the concealment of birth and secret disposal of the dead body could face imprisonment for up to 7 years and/or a fine. The punishment reflects the severity of the offense, as it involves hiding the birth and death of a child, which is a serious legal and social issue.
Purpose and Protection:
The main objectives of Section 94 are:
- Protecting the life and dignity of the unborn and deceased child: This section ensures that the death of a child is appropriately handled and reported, so that legal and social safeguards are in place.
- Prevention of infanticide and abuse: By criminalizing the concealment of births and the secret disposal of bodies, the law seeks to prevent cases of infanticide or other forms of unlawful harm to children.
- Ensuring proper investigation and accountability: The section aims to ensure that authorities are aware of all births and deaths and that proper investigations are conducted when necessary, especially in cases of suspicious deaths.
Example scenarios under Section 94:
- Scenario 1: A woman gives birth to a stillborn child but hides the birth and disposes of the body secretly to avoid embarrassment or legal consequences. She does not report the birth to authorities or register the child’s death. This would be a violation of Section 94.
- Scenario 2: A child is born alive but dies shortly after birth. The parents or caregivers, fearing the legal consequences or social stigma, hide the birth and secretly dispose of the body without informing anyone. This constitutes an offense under Section 94.
- Scenario 3: A person assists in the secret disposal of the dead body of a newborn child, such as helping to bury the child in a hidden location, to avoid authorities becoming aware of the birth. This is also covered by Section 94.
In summary, Section 94 criminalizes the concealment of a child’s birth and the secret disposal of its body, ensuring that such events are properly reported and investigated. The section is designed to prevent the unlawful termination of life, safeguard the rights of the deceased child, and ensure that the birth and death of a child are recorded and dealt with according to the law. The penalty reflects the seriousness of the offense, particularly when the concealment is done to avoid detection or legal consequences.
