Forensic Medicine · Sexual Offences, Infanticide and Childhood Violence

A woman delivers secretly at home, buries the dead newborn in her courtyard to hide the fact of delivery, but there is no evidence she caused the death. Under the Bharatiya Nyaya Sanhita 2023, this act of secret disposal of the dead body of a child to conceal birth is punishable under which section?

  • A Section 94
  • B Section 93
  • C Section 91
  • D Section 64
Correct answer: A. Section 94

Explanation

Section 94 BNS, corresponding to Section 318 IPC, punishes concealment of birth by secret disposal of the dead body of a child, whether the child died before, during or after birth, with imprisonment up to 2 years, fine, or both. Section 91 covers acts done to prevent a child being born alive or to cause its death after birth, Section 93 covers exposure and abandonment of a child under 12 years, and Section 64 defines punishment for rape.

Reference: Parikh's Textbook of Medical Jurisprudence, Forensic Medicine and Toxicology, 6th ed.

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