Section 94 BNS: Concealment of birth by secret disposal of dead body

Bharatiya Nyaya Sanhita, 2023

Section 94 BNS at a Glance

Section 94 BNS deals with concealment of birth by secret disposal of dead body. It is bailable and cognizable, triable by Magistrate of the first class; it replaced Section 318 IPC on 1 July 2024.

Punishment

Imprisonment of either description for up to two years.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ
IPC Equivalent

Section 318 →

Section 94 BNS Bare Act Text

94. 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.

Source: Section 94, Bharatiya Nyaya Sanhita, 2023

Section 94 BNS in Simple Words

Section 94 of the Bharatiya Nyaya Sanhita (BNS) deals with secretly burying or otherwise disposing of the dead body of a child to intentionally conceal, or endeavour to conceal, the birth of that child. It applies whether the child died before, during, or after its birth. The law is aimed at preventing the concealment of births through the secret disposal of an infant's dead body.

This section can apply to any person who intentionally takes part in such concealment. In practice, it is often relevant in cases involving suspected infanticide, abandoned newborns, or attempts to hide a birth. Its legal significance is that it allows the police and courts to treat the secret disposal itself as an offence, punishable with imprisonment of either description for up to two years, or with fine, or with both.

Ingredients of Section 94 BNS

  • Secretly burying or otherwise disposing of the dead body of a child
  • Applicable whether the child died before, during, or after birth
  • Intentional concealment or endeavour to conceal the birth of such child
  • Punishment of imprisonment for up to two years, or fine, or both

Punishment Under Section 94 BNS

Imprisonment

Imprisonment of either description for up to two years.

Fine

The offender may be punished with fine alone or with both imprisonment and fine.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

Concealment of birth by secretly burying or disposing of the dead body of a child carries imprisonment of either description for up to two years, or fine, or both. The offence is cognizable, bailable, triable by a Magistrate of the first class, and not compoundable.

Example of Section 94 BNS

Sunita gave birth to a stillborn child in a village near Nashik without medical assistance. Seeking to prevent her family and neighbours from discovering that a birth had occurred, she secretly buried the dead body of the infant behind an outhouse at night. Her act of secretly disposing of the dead body of the child with the intention of concealing its birth falls within Section 94 BNS, punishable with imprisonment for up to two years, or fine, or both.

When Section 94 BNS Does Not Apply

  • The disposal of the body was carried out openly without secrecy
  • There was no intention to conceal the birth of the child
  • The object disposed of was not the dead body of a child

Section 94 BNS in the IPC (Previous Law)

Section 94 BNS replaces Section 318 IPC from the old criminal code.

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

View IPC Section 318 →

FAQs on Section 94 BNS

What does Section 94 BNS punish?▼

It punishes secretly burying or otherwise disposing of the dead body of a child, whether the child died before, during, or after its birth, with the intention of concealing or trying to conceal the birth of the child.

Is Section 94 BNS a serious offence?▼

It carries a relatively lower punishment compared to homicide offences. The maximum punishment is 2 years' imprisonment of either description, or fine, or both, and the offence is bailable.

Does Section 94 BNS still apply today?▼

Yes. Section 94 BNS is in force under the Bharatiya Nyaya Sanhita, 2023.

Under Section 94 BNS, can police still act if a newborn's body is secretly disposed of?▼

Yes. Police can act directly under Section 94 BNS when a child's dead body is secretly disposed of to conceal its birth, and can also investigate related offences such as causing death if the facts point to foul play.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·