Bharatiya Nyaya Sanhita, 2023 — Section 94

Concealment of Birth by Secret Disposal of Dead Body

Section 94 punishes intentionally concealing, or endeavouring to conceal, the birth of a child by secretly burying or otherwise disposing of its dead body, whether the child died before, during, or after birth. Punishment is imprisonment of either description up to two years, or fine, or both.

Please note: This page reflects our understanding of the law as of the date it was last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret this law, and this page may not yet reflect the most recent change. Please verify the current text of the law independently, and consult a licensed advocate for advice on your own matter, before relying on this page.

Corresponding Provision Under Prior Law

Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal), which maps Section 94 to old IPC Section 318, and cross-checked directly against the bare text of both Acts.

BNS section	IPC, 1860 equivalent	Category
94	318	Exact

Comparing the two texts word for word, Section 94 is reproduced without any substantive change from old IPC Section 318.

Quick Reference

Classified as follows in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), quoted as that Schedule words the entry:

Section 94: punishment — “Imprisonment for 2 years, or fine, or both.” · cognizable or non-cognizable — “Cognizable.” · bailable or non-bailable — “Bailable.” · triable by — “Magistrate of the first class.”
Compoundable: Not listed in either compounding table of BNSS S.359.

Statutory Text (Verbatim)

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.

Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

Concealing a child's birth by secretly disposing of its dead body

Explanation (Lexovia's Commentary)

Section 94 punishes the act of secretly burying or otherwise disposing of a child's dead body with the intention of concealing, or attempting to conceal, the fact of its birth. It applies regardless of whether the child died before, during, or after birth — the offence is about the secret and intentional concealment of the birth itself, not about causing the child's death, which would be a separate matter addressed elsewhere in the Sanhita.

Illustration (Lexovia's Own Example)

A, whose child dies shortly after birth, secretly buries the child's body in a field with the intention of concealing the fact that the child was ever born. A is liable under Section 94.

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Related / Cross-Referenced Sections

FAQs

Does Section 94 apply only if the child was born alive?

No. It applies whether the child died before, during, or after its birth — the focus is on concealing the birth itself, not on the child's cause of death.

Does merely burying a dead child amount to an offence under this section?

No. The burial or disposal must be done secretly and with the intention of concealing, or endeavouring to conceal, the birth. An ordinary, non-secret burial without that intention does not fall within Section 94.

Is this offence bailable?

Yes. Per the BNSS First Schedule, it is cognizable and bailable, triable by a Magistrate of the first class.