Bharatiya Nyaya Sanhita, 2023
Section 94 BNS: Concealment of Birth by Secret Disposal of Dead Body
Section 94 of the Bharatiya Nyaya Sanhita, 2023 punishes the intentional concealment, or attempted concealment, of the birth of a child by secretly burying or otherwise disposing of the child's dead body.
Text of Section 94 BNS
94. Concealment of birth by secret disposal of dead body. 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.
What Section 94 BNS Means
Section 94 focuses on concealment of the fact of a child's birth through secret disposal of the child's dead body. The section applies whether the child died before birth, during birth, or after birth. The prosecution must establish an intentional concealment, or an intentional attempt to conceal, the birth.
Essential Ingredients of Section 94
- There must be the dead body of a child.
- The child may have died before, during, or after birth.
- The dead body must be secretly buried or otherwise disposed of.
- The act must be done with the intention of concealing, or attempting to conceal, the birth of the child.
Punishment Under Section 94 BNS
| Offence | Punishment |
|---|---|
| Intentional concealment or attempted concealment of a child's birth by secretly burying or otherwise disposing of the dead body | Imprisonment of either description up to two years, or fine, or both. |
Does the Child Need to Have Been Born Alive?
No separate requirement of live birth appears in Section 94. The statutory wording expressly covers a child who dies before, during, or after birth. The focus of the offence is the intentional concealment or attempted concealment of the birth by secret disposal of the dead body.
Attempt to Conceal Is Also Covered
Section 94 uses the words "conceals or endeavours to conceal." Therefore, the provision is not limited to cases where concealment is fully successful. An intentional endeavour to conceal the birth through the means described in the section is also within its wording.
Related BNS Provisions
Section 94 follows Section 93 BNS on exposure and abandonment of a child. It is followed by Section 95 BNS on hiring, employing or engaging a child to commit an offence and other provisions concerning offences against children.
Official Legal References
This page provides general legal information based on the statutory text. Application of Section 94 in an individual matter depends on the facts, evidence, procedural law, and judicial interpretation.