IPC 318→BNS 94

IPC 318 to BNS 94: Concealment of birth by secret disposal of dead body

Section 318 IPC (1860) replaced by Section 94 BNS (2023)

View IPC Section 318 →View BNS Section 94 →

IPC 318 to BNS 94 at a Glance

Section 318 IPC (Concealment of birth by secret disposal of dead body) is now Section 94 BNS, in force from 1 July 2024. Under the BNS it is bailable and cognizable. What changed is set out below.

What Changed From IPC 318 to BNS 94?

Section 318 IPC is now Section 94 BNS, with the same title, the same words and the same punishment.

IPC 318 vs BNS 94: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section31894
OffenceConcealment of birth by secret disposal of dead bodySame
PunishmentImprisonment of either description for up to two years.Same
FineThe offender may be punished with fine alone or with both imprisonment and fine.Same
BailBailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByMagistrate of the first classSame

IPC 318 and BNS 94: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 318, IPC 1860

318. 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 two years, or with fine, or with both.
BNS 2023 (in force)

Section 94, BNS 2023

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.

Ingredients: IPC 318 vs BNS 94

Under IPC 318
  1. The dead body of a child was secretly buried or otherwise disposed of
  2. The child died before, during, or after its birth
  3. The accused intentionally concealed or endeavoured to conceal the birth of such child
  4. The secret disposal was undertaken for the purpose of concealing the birth
Under BNS 94
  1. Secretly burying or otherwise disposing of the dead body of a child
  2. Applicable whether the child died before, during, or after birth
  3. Intentional concealment or endeavour to conceal the birth of such child
  4. Punishment of imprisonment for up to two years, or fine, or both

What IPC 318 to BNS 94 Means for Pending Cases

For Section 318 IPC (now Section 94 BNS): allegations involving conduct prior to 1 July 2024 proceed under Section 318 IPC, whereas subsequent acts are charged under Section 94 BNS. Because the offence is cognizable, the police can register a first information report and arrest without a warrant. The offence is bailable under the First Schedule to the CrPC, conferring an entitlement to bail as of right.

FAQs: IPC 318 to BNS 94

What is the BNS counterpart of Section 318 IPC?▼

Section 94 BNS replaces Section 318 IPC with the same words and the same punishment.

Is an offence under Section 318 IPC bailable?▼

Yes. Under the First Schedule to the CrPC, the offence is classified as bailable, entitling the accused to bail as of right.

Does Section 318 IPC or Section 94 BNS apply to an act done before 1 July 2024?▼

Allegations concerning acts before 1 July 2024 are prosecuted under Section 318 IPC, while later acts are governed by Section 94 BNS.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·