IPC 318 vs BNS 318
● Retained in BNSConcealment of birth by secret disposal of dead body
Section 318 of the Indian Penal Code, 1860, addresses the offense of concealment of birth by secretly disposing of the dead body of a child. This provision ensures that individuals do not attempt to hide the birth or death of a child by secretly burying or otherwise disposing of the body.
Key points:
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Applies when a person secretly buries, burns, or disposes of the body of a child, whether stillborn or dead after birth.
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The focus is on concealment of the fact of birth, not necessarily on whether the child was killed unlawfully.
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Punishment: Imprisonment up to 2 years, or fine, or both.
Example: A woman who secretly buries the stillborn child to hide the pregnancy from society may be charged under IPC 318. This law ensures accountability for acts meant to conceal birth and prevents misuse in cases of infanticide.
Concealment of birth by secret disposal of dead body
Section 318 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 318. It punishes individuals who secretly dispose of the body of a child in order to conceal its birth, regardless of whether the child was stillborn or died after delivery.
Key points:
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Covers all secret acts of disposal of a child’s body intended to hide the fact of birth.
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Punishment: Imprisonment up to 2 years, or fine, or both (same as IPC).
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Protects the legal system’s ability to investigate cases of infanticide and ensures transparency in reporting births and deaths.
Example: If a person secretly disposes of a newborn’s body to avoid social shame, they can be punished under BNS 318. This ensures legal deterrence against concealment of birth.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 318 to BNS BNS 318.