A dead newborn is found with a triangular laceration at the occipital region, moulding of the skull, and evidence of passage through the birth canal. The cause of death appears to be a blow to the head. Medico-legally, this case must be distinguished between murder and stillbirth using:

• A Hydrostatic lung test alone — positive float confirms live birth and therefore murder
• B Combined assessment: proof of live birth (respiratory histology, docimasia test), evidence of separate existence, and exclusion of birth trauma vs deliberate injury ✓
• C Gestational age — viability below 28 weeks precludes a murder charge under BNS
• D Stomach content test — presence of milk confirms feeding and therefore prolonged survival after birth

Explanation

For a charge of infanticide or murder of a newborn, three elements must be proven: (1) the child was born alive (docimasia test + alveolar histology for surfactant-lined expanded alveoli); (2) the child had a 'separate existence' — fully delivered with independent lung function; and (3) the death was caused by criminal act, distinguishing deliberate injury from birth trauma (moulding, tentorial tears from instrumental delivery). The hydrostatic test alone is insufficient due to false positives from putrefaction. Viability under current law is not fixed at 28 weeks for criminal purposes.

Reference: The Essentials of Forensic Medicine and Toxicology (Narayan Reddy), 34th ed.

High-yield for: NEET PGINI-CETNExTFMGEUSMLEPLABMRCP

Written and medically reviewed by the StethoPrep medical team.