BNS 94 : Concealment of birth by secret disposal of dead body .

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Introduction of BNS 94

BNS 94, deals with the secret disposal of a child’s body to conceal the fact of birth. This law makes it clear that whether a child dies before birth, during delivery, or shortly after, no one is allowed to secretly bury or hide the body with the intention of covering up the birth. Such acts often arise from fear of social stigma or illegitimacy, but the law treats them as crimes because every birth and death must be legally acknowledged. The punishment for concealment under Section 94 may extend to two years of imprisonment, a fine, or both. By criminalizing such acts, this provision aims to prevent secrecy around childbirth and protect the dignity of life, even when the child is no longer alive.

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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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Bare Act – BNS 94

Sub-section (1):
“Whoever, by secretly burying or otherwise disposing of the dead body of a child, whether such child died 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.”

Detailed Explanation in Simple Language

Who can be punished?
The law applies to any person—parent, guardian, relative, or even someone else—who secretly disposes of the body of a child in order to hide the fact that the child was born. It does not matter whether the child died before birth (stillborn), during delivery, or after being born alive.

Key element – Intention to conceal the birth
The main requirement for punishment under Section 94 is intention to hide the fact that a birth took place. Simply dealing with a dead body without the intention of hiding the birth does not attract this section.

What act is punishable?
The act of secretly burying, hiding, or otherwise disposing of the child’s body to ensure that others do not know about the birth.

• Example: secretly burying a stillborn baby in a backyard at night to hide the birth.

Punishment
If proven guilty, the offender can face:

• Imprisonment of up to 2 years, or
• A fine, or
• Both imprisonment and fine.
  The punishment is lighter compared to abandonment (Section 93) or homicide provisions, because here the focus is concealment of the birth, not causing death.

Why is this law important?
This provision was created to prevent situations where families or individuals attempt to hide pregnancies or childbirths due to social stigma, fear, or illegitimacy. Concealing a birth by disposing of the child’s body is considered a crime because every birth and death should be acknowledged legally.

Legal Nature of the Offense

• Cognizable: Police can arrest without a warrant.
• Bailable: The accused can apply for bail.
• Triable by: Magistrate of the First Class.

Illustrations (Examples)

• Example 1 (Offense): A woman gives birth to a stillborn baby and, out of fear of social stigma, secretly buries the body to prevent anyone from knowing she was pregnant. This is punishable under Section 94.
• Example 2 (Offense): A family disposes of the dead body of a newborn in a river to conceal the fact that the child was born. This is concealment of birth and is covered by this section.
• Example 3 (Not an Offense): Parents bury their stillborn child but also register the birth and death with local authorities. Since there was no intention to conceal the birth, this would not fall under Section 94.

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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

BNS Section 94: 10 Key Points Explained in Detail

• Concealment of Birth
  Section 94 specifically targets acts where a person tries to hide the fact of a child’s birth by secretly disposing of the dead body. The law ensures that even if the child did not survive, the birth itself cannot be erased from legal records.
• Applicability
  This provision applies whether the child dies before birth (stillborn), during delivery, or after birth. The central point is not the cause of death but the attempt to hide the occurrence of the birth.
• Intentional Act Required
  The act must be done with the intention of concealing the birth. If the disposal was accidental or done without the purpose of hiding the birth, Section 94 does not apply.
• Covers All Forms of Disposal
  The section covers every type of secret disposal—whether the body is buried, burned, thrown away, or hidden in any other manner. The method does not matter; the intention to conceal does.
• Legal Responsibility
  Whoever commits such an act is legally accountable. It may be the mother, a family member, or any other person involved. The law does not allow personal or social reasons (like stigma or fear of blame) to justify such concealment.
• Imprisonment
  If convicted, the offender can face imprisonment for up to two years. This shows that while the law treats the offense seriously, it differentiates it from harsher crimes like homicide.
• Fine as a Penalty
  The offender may also be ordered to pay a fine, either as an alternative to imprisonment or in addition to it. This financial penalty reinforces the seriousness of the offense.
• Cognizable Offense
  Since it is a cognizable offense, the police can arrest the accused without first obtaining a warrant. This allows immediate action to stop concealment and begin investigation.
• Bailable Offense
  Section 94 is bailable, which means the accused has the right to apply for bail. Courts can release the person on conditions while the case is pending, balancing justice with individual rights.
• Trial by Magistrate
  The offense is triable by a Magistrate of the First Class. This level of judiciary ensures the case is handled efficiently, with appropriate authority but without escalating it unnecessarily to higher courts.

Examples

Example 1: A woman gives birth to a stillborn baby and secretly buries the body in her backyard to hide the pregnancy from her family. This is punishable under Section 94 BNS.

Example 2: A man finds a newborn who died shortly after birth and, to avoid police questioning, throws the body in a deserted area. This too is an offense under Section 94 since the intent was to conceal the fact of 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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Difference Between BNS Section 94 and IPC Section 318

Aspect	BNS Section 94	IPC Section 318
Provision Title	Concealment of birth by secret disposal of child’s body	Concealment of birth by secret disposal of child’s body
Offense Defined	Secret burial, hiding, or disposal of a child’s body (before, during, or after birth) to conceal the birth	Same definition and scope
Applicability	Covers cases before, during, or after birth	Same applicability
Intent Required	Must prove intent to conceal the birth	Same requirement
Punishment	Imprisonment up to 2 years, or fine, or both	Imprisonment up to 2 years, or fine, or both
Legal Nature	Cognizable, bailable, triable by Magistrate First Class	Cognizable, bailable, triable by Magistrate First Class
Framework	BNS, 2023 (new criminal code)	IPC, 1860 (old criminal code)
Continuity	Continuation of IPC Section 318 under BNS	Replaced by BNS Section 94

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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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Conclusion

Section 94 BNS underscores society’s obligation to honor every birth and death, ensuring transparency even in challenging circumstances. While offering the possibility of bail, it firmly penalizes attempts to hide the birth of a child, striking a balance between empathy and justice.

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BNS Section 94 FAQs

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