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 endeavors 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.
IPC Section 318: Simplified Explanation
IPC Section 318 of the Indian Penal Code deals with the offence of concealing the birth of a child by secret disposal of its dead body. This section is aimed at addressing situations where individuals attempt to hide the birth of a child by disposing of the body in a manner that prevents its discovery. This law is designed to ensure that every child’s birth and death are properly documented and to prevent any illegal or unethical acts related to newborns.
Key elements of this section include:
- Concealment of Birth: The act involves concealing the birth of a child.
- Disposal of the Body: The body of the child is disposed of secretly, preventing its discovery.
- Intent: There is an intention to hide the birth or the circumstances surrounding the death of the child.
Is IPC Section 318 Bailable?
IPC Section 318 is a bailable offence. Depending on the specifics of the case and the authorities’ discretion, individuals charged under this section can obtain bail from the police station or through the court.
IPC Section 318 Punishment
The Punishment under IPC Section 318 includes:
- Imprisonment for a term that may extend up to two years,
- and/or a fine.
The sentence reflects the need to uphold transparency and accountability in matters of childbirth and the well-being of infants.
Example of IPC Section 318
A real-life example of IPC Section 318 occurred in a rural community where a woman gave birth to a stillborn child and, out of fear and societal pressure, secretly buried the child without informing anyone or seeking medical or legal documentation. When the authorities discovered the burial, they investigated the circumstances. They charged the woman under Section 318 for concealing the birth by secretly disposing of the body. This case highlighted the importance of proper medical and legal procedures in handling such sensitive situations and the legal implications of attempting to bypass these procedures.
