Concealment of birth by secret disposal of dead body
Section 318 of the Indian Penal Code, 1860 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 endeavors to conceal the birth of such child, shall be punished with imprisonment of either description for a term which may extend to The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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 endeavors 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.
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Section 318, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 94 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 The repealed enactment still governs what happened while it was in force.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.
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
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.
Questions about Section 318
What have the courts held on Section 318 of the Indian Penal Code?
Chintamani& ANR. vs State of Uttakhand (01 May 2013) is the leading judgment on this section among those set out below: Infanticide - specific provision addressing the killing of a child under one year of age.
How do I find court cases under Section 318 of the Indian Penal Code?
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: IPC 318, section 318 IPC, section 318 of the Indian Penal Code. People searching for it also type ipc 318 4 in hindi and ipc 318(2). 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 318 of the Indian Penal Code, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNS 94 (Concealment of birth by secret disposal of dead body), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 318 of the Indian Penal Code come into force?
Section 318 of the Indian Penal Code, cited as IPC 318, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
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- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 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. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.