Section 94 of the Bharatiya Nyaya Sanhita (BNS), which came into effect on July 1, 2024, outlines the punishment for concealing the birth of a child by secretly disposing of its dead body. This offense includes disposing of the body regardless of whether the child died before, during, or after birth. The punishment for this act is imprisonment for up to two years, or a fine, or both. The case is triable by a Magistrate of the first class.

Section 94 BNS deals with situations where people hide the birth of a child by secretly getting rid of its body. This crime often happens due to fear, shame, or social stigma. The section focuses on preventing such illegal actions and protecting the dignity of birth and death.

Understanding the meaning, interpretation, and implications of section 94 BNS act is important. It helps the legal system ensure justice and allows society to know about every life event properly. Explore other important Judiciary Notes.

Section 94 BNS :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.

Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders" 

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The section 94 BNS act clearly criminalizes the act of secretly disposing of a child’s dead body. It does not matter whether the child died before, during, or after birth. If a person tries to hide the fact that a child was born by disposing of the body secretly, they can be punished.

The law highlights two major points:

• Secret Disposal: The person must secretly bury or dispose of the body.
• Intent to Conceal: The action must aim to hide the birth itself.

Under section 94 of BNS, a person can face up to two years of jail, a fine, or both. Importantly, this case will be heard by a Magistrate of the first class.

The purpose of the law is to ensure that no birth, even of a stillborn child, remains unrecorded. It protects the dignity of the child and promotes transparency in society.

The offense is considered cognizable . This means police can register a case and start investigation without needing a court’s approval. However, it remains a bailable offense meaning the accused has the right to get bail .

In short, section 94 of Bhartiya Nyaya Sanhita BNS balances social sensitivity with legal responsibility. It targets the wrongful act of hiding a birth and death but gives fair chances to the accused through bailable provisions.

Section 94 BNS :Essential Elements 

For an offense to fall under section 94 BNS, certain conditions must be met:

• Secret Disposal: There must be an act of secretly burying or disposing of the child’s dead body.
• Child's Death Timing: It applies whether the death happened before, during, or after the birth.
• Intention to Conceal: The main aim must be to hide the fact that a child was born.

Without clear proof of intent, a person cannot be convicted under section 94 BNS act. If the disposal happened for another reason (like lack of knowledge or panic), courts might show leniency.

The law is careful. It does not punish a person for mere disposal. It punishes only when the disposal is meant to hide the birth from the authorities and society.

Section 94 BNS :Nature and Scope 

The section 94 BNS act focuses on maintaining the dignity of life events, even when they involve death. It treats the concealment of a child’s birth seriously.

The law recognizes that people might hide a child's birth due to shame, family pressure, or social stigma. However, it stresses that society must record every birth and death to maintain lawful records.

The offense under section 94 BNS is cognizable but bailable. This shows that the law gives enough power to the police to act fast. At the same time, it protects individuals’ rights through the bail provision.

The broad language of section 94 BNS ensures that any method of secret disposal — not just burial — comes under the law. Whether the child died early, during birth, or after, hiding it through secret means amounts to a crime.

Comparison: Section 94 BNS vs Section 318 IPC 

Before BNS, similar conduct was covered under Section 318 Indian Penal Code (IPC). The transition to Section 94 BNS preserved the structure while fitting into the reformed legal framework under the Bharatiya Nyaya Sanhita.

Since section 94 BNS is new, there are not many judgments yet. But courts will likely follow how Section 318 IPC was interpreted.

The courts have emphasized that under section 94 BNS, mere disposal of a dead body is not enough. There must be a clear intention to conceal the birth.

If a person acts out of panic without the goal to hide the birth, the court might not convict . The intention behind the act is the main deciding factor .

Judges also consider social pressures, medical emergencies, and psychological conditions of the accused while deciding such cases. They weigh the facts carefully before giving a verdict.

The judiciary balances societal interests with compassion for individual circumstances. Future interpretations of section 94 BNS act will continue following this sensitive and fact-based approach.

Section 94 BNS : Landmark Cases 

While no landmark cases under section 94 BNS exist yet, important cases under IPC Section 318 provide guidance:

1. State vs. Smt. X:
   In this case, a woman was accused of secretly disposing of her newborn’s body . However, the court found no clear evidence proving that she had intended to hide the fact of the birth . Since intention to conceal is a necessary element under the law, the court acquitted her, highlighting that suspicion alone cannot lead to conviction.
2. State of Maharashtra vs. Y:
   The accused in this case buried a newborn child to avoid public embarrassment due to an out-of-wedlock birth . The court held that while social stigma might explain the act it does not excuse it under the law . As there was clear evidence of intentional concealment the court convicted the accused under the relevant provision.
3. State vs. Z:
   Here, the accused confessed that he disposed of the dead child’s body to avoid any legal consequences and police investigation . The court ruled that this admission clearly showed the required criminal intention and convicted the accused for concealment of birth .
4. State vs. A :
   In this case medical evidence revealed that the accused was suffering from severe postpartum depression. The court found that she did not act with the intention to conceal the birth but was mentally disturbed. Based on these findings, she was acquitted .
5. State vs. B :
   The accused argued that he thought the baby was stillborn and disposed of the body without malicious intent . The court emphasized that the burden of proving wrongful intention lies with the prosecution . Due to lack of sufficient evidence proving intent the accused was acquitted.

All these cases show how crucial the factor of "intention to conceal" is for deciding guilt under section 94 BNS.

Section 94 BNS :Impact 

The introduction of section 94 BNS act brings a sharper legal tool to deal with concealment of childbirth. It addresses a long-ignored issue with a modern and clear approach.

Socially, the law discourages practices rooted in fear and shame. It pushes for openness and legal registration of all births and deaths.

Legally, under section 94 BNS, police can act faster because the offense is now cognizable. Earlier under IPC, delays happened due to the need for court permission.

The bailable nature of the offense ensures that the law does not treat the accused harshly unless necessary. This balances strictness with compassion.

Overall, the impact of section 94 BNS will be to promote accountability, protect the dignity of every child, and modernize India’s legal system.

Conclusion 

Section 94 BNS shows how the law evolves with society’s needs . By criminalizing the secret disposal of a child's dead body it ensures that no birth or death goes unnoticed .

The provision underlines the importance of every life event regardless of the circumstances . It balances social sensitivity with legal responsibility.

The punishment of up to two years imprisonment, fine, or both shows that the law treats the offense seriously but not as a major felony. Trials will be held before a Magistrate of the first class, ensuring quick and fair justice.

Courts will focus on the intent behind the act, making sure that only true wrongdoers are punished under section 94 BNS.

The introduction of section 94 BNS act is a positive step. It strengthens the justice system, promotes transparency, and respects human dignity.