Concealment of birth by secret disposal of dead body
Section 94 of the Bharatiya Nyaya Sanhita, 2023 deals with 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 t The Act came into force on 01 Jul 2024.
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.
Section 94, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 318 Concealment of birth by secret disposal of dead body Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Concealment of birth by secret disposal of dead body. | Imprisonment for 2 years, or fine, or both. | Cognizable. | Bailable. | Magistrate of the first class. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Chintamani& ANR. vs State of Uttakhand
Decided under Indian Penal Code 318, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In cases of infanticide where direct evidence is unavailable, a combination of credible ocular evidence (eyewitness testimony of the burial of a living child) and corroborating medical evidence (post-mortem findings of asphyxia and medical examination confirming recent childbirth) is sufficient to establish guilt beyond reasonable doubt under Sections 302, 201, and 318 IPC. The timeline of medical findings must be carefully analyzed to establish the identity of the child and the parentage, and when such evidence is consistent and unchallenged, the conviction must be upheld.
On this section: Infanticide - specific provision addressing the killing of a child under one year of age.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… ADDL.PUBLIC PROSECUTOR() SHRI.SAJJU.S., SENIOR G.P.() THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 17.12.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2024:KER:96099 J U D G M E N T ..3.. Exhibits P4 and P5 notices issued under Section 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'the BNSS') are under challenge in this writ petition. Exts.P2 and P3 crimes were registered by the Maradu Police Station alleging offence against the accused under Section 305 of the Bharatiya Nyaya Sanhita. The allegation in both cases is that the accused …
Questions about Section 94
What have the courts held on Section 94 of the Bharatiya Nyaya Sanhita?
Chintamani& ANR. vs State of Uttakhand (01 May 2013) is the leading judgment on this section among those set out below, though it was decided under IPC 318, which this section replaced -- the court never mentioned this Act: Infanticide - specific provision addressing the killing of a child under one year of age.
Is Section 94 of the Bharatiya Nyaya Sanhita bailable?
Bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 94 of the Bharatiya Nyaya Sanhita cognizable?
Cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Magistrate of the first class.
How do I find court cases under Section 94 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 94, section 94 BNS, section 94 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 94 notice and bns 94 and 106. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Chintamani& ANR. vs State of Uttakhand (01 May 2013).
What should I read with Section 94 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 318 (Concealment of birth by secret disposal of dead body), so the judgments decided under that provision are the case law on this one.
When did Section 94 of the Bharatiya Nyaya Sanhita come into force?
Section 94 of the Bharatiya Nyaya Sanhita, cited as BNS 94, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
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- 335. Making a false document1318 words
- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.