BNS 94

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Introduction of BNS 94

BNS 94 is a law that deals with situations where someone tries to hide the birth of a child by secretly getting rid of the child’s dead body. This could happen if the child dies before, during, or after birth. The law makes it clear that such actions are not allowed and can lead to punishment. The purpose of this law is to ensure that every birth and death is properly recorded and not hidden from authorities.

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The Bharatiya Nyaya Sanhita (BNS) Section 94 replaces the old Indian Penal Code (IPC) Section 318.

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What is section 94 of BNS ?

BNS Section 94 is about punishing people who try to hide the birth of a child by secretly disposing of the dead body. If someone buries or hides the body to keep the birth a secret, they can go to jail, pay a fine, or both. This law helps make sure that the birth and death of a child are not kept secret.

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BNS Section 94 in Simple Points

1. Hiding a Child’s Birth: The law is about people who try to hide the fact that a child was born by secretly getting rid of the child’s body.
2. Covers All Deaths: It applies whether the child dies before, during, or after being born.
3. Punishable Actions: If someone tries to hide the birth by burying or hiding the body, they can be punished.
4. Jail Time: The person can go to jail for up to two years for doing this.
5. Fine Option: The person might also have to pay a fine, or they could get both jail time and a fine.

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Section 94 BNS Overview

BNS Section 94 is a law that deals with hiding the birth of a child by secretly getting rid of the dead body. If someone tries to keep the birth a secret by disposing of the child’s body, whether the child died before, during, or after birth, they can be punished with jail time, a fine, or both. The law is designed to ensure that the birth and death of a child are not hidden from the authorities.

BNS Section 94: 10 Key Points Explained in Detail

1. Concealment of Birth: BNS Section 94 focuses on situations where someone tries to hide the fact that a child was born by secretly disposing of the dead body.
2. Applicability: This law applies regardless of whether the child dies before, during, or after birth. The key factor is the attempt to conceal the birth.
3. Intentional Act: The person must have intentionally buried or disposed of the dead body to hide the birth. Accidental disposal does not fall under this section.
4. Types of Disposal: The law covers all forms of disposal, whether the body is buried, burned, or otherwise hidden.
5. Legal Responsibility: The person who attempts to conceal the birth through secret disposal is held legally responsible for their actions under this section.
6. Imprisonment: If found guilty, the person can be sentenced to imprisonment for up to two years. The duration of the imprisonment reflects the seriousness of the offense.
7. Fine: The person may also be fined as an alternative to or in addition to imprisonment. The fine serves as a financial penalty for the offense.
8. Cognizable Offense: This means that the police can arrest the person without a warrant because the offense is considered serious.
9. Bailable Offense: Although it is a serious offense, the person accused under this section has the right to seek bail.
10. Trial by Magistrate: Cases under BNS Section 94 are tried by a Magistrate of the first class, indicating the level of judicial authority required to handle such cases.

Examples

1. Example 1: A woman gives birth to a stillborn child and, instead of reporting the birth and death, she buries the child secretly in her backyard. This act of hiding the birth by disposing of the body in secret falls under BNS Section 94.
2. Example 2: A man finds a newborn child who has died shortly after birth and decides to dispose of the body in a remote area to avoid any questions or investigations. This act is also covered by BNS Section 94 as an intentional attempt to conceal the birth.

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BNS 94 Punishment

1. Imprisonment: A person found guilty under BNS Section 94 can face imprisonment for up to two years.
2. Fine: Alternatively, or in addition to imprisonment, the person may be fined.

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BNS 94 bailable or not ?

BNS Section 94 is a bailable offense, meaning the accused has the right to seek bail.

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Bharatiya Nyaya Sanhita Section 94

Section	Offense	Punishment	Bailable/Non-Bailable	Cognizable/Non-Cognizable	Triable By
94	Concealment of birth by secret disposal of a dead body	Imprisonment up to 2 years, or fine, or both	Bailable	Cognizable	Magistrate of the first class

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BNS Section 94 FAQs

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