BNS Section 94 : Concealment of Birth by Secret Disposal of Dead Body
Section 94 of BNS is part of Chapter 5 - Offences Against Women and Children Of Sexual Offences in Bharatiya Nyaya Sanhita 2023 Act. It addresses the offense of concealing the birth of a child by secretly disposing of the dead body. This section aims to prevent individuals from evading accountability for the circumstances surrounding the child's death or its concealment.
Definition of BNS Section 94
Section 94 of the BNS 2023 States:
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.
Explanation and Illustration of Section 94 (Bharatiya Nyaya Sanhita, 2023)
The crime of hiding a child's birth by covertly burying or disposing of the kid's body, regardless of whether the infant passed away before, during, or after birth, is covered by Section 94 of the Bharatiya Nyaya Sanhita (BNS), 2023.
Crucial Components:
Punishment: This offence carries a maximum two-year jail sentence, a fine, or both.
Example
A woman secretly gives birth at home, and the child dies during childbirth. Instead of reporting the birth and death, she secretly buries the child in her backyard to hide the fact of the birth. She could face up to two years of imprisonment and/or a fine for concealing the birth and death of the child.
Key Points of BNS Section 94
Regardless of whether the kid died before, after, or during birth, the crime entails burying or otherwise getting rid of the dead body in an effort to conceal the birth.
Differences Between Section 94 of BNS 2023 and its Equivalent IPC Section
This section outlines the key differences between Section 94 and its equivalent Indian penal code IPC section 318 focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 94 | Concealment of birth by secret disposal of dead body. | 318 | No change. |
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FAQs about Section 94 of the Bharatiya Nyaya Sanhita (BNS)
What constitutes 'secret disposal'?
Secret disposal refers to actions like burying, burning, or otherwise hiding the dead body of a child in a way that conceals the birth from authorities or others who might investigate.
Is intent necessary for prosecution under Section 94?
Yes, the act must be intentional. Accidental or unintentional disposal of the body without the intent to conceal the birth is not covered under this section.
How does this section ensure justice?
By criminalising secret disposal of a child’s body, the section prevents potential tampering with evidence, ensuring that authorities can investigate the circumstances of death and uphold justice.
What is the purpose of this provision?
The provision aims to deter individuals from hiding the birth of a child or the circumstances surrounding its death, ensuring accountability and preserving human dignity.
Can a mother be held liable under this section?
Yes, a mother or any other person involved in the concealment of the child’s birth by secretly disposing of the body can be held liable, subject to investigation.
Does this section overlap with other laws?
Section 94 complements other laws addressing infanticide, child welfare, and illegal disposal of human remains, creating a robust legal framework to address such issues comprehensively.
What evidence is required to prosecute under this section?
Evidence such as the location of the disposal, witness testimonies, forensic analysis, and proof of intent to conceal the birth is typically required to establish guilt under this provision.
