Section 318 IPC: Concealment of birth by secret disposal of dead body

Indian Penal Code, 1860

Section 318 IPC at a Glance

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

Punishment

Imprisonment of either description for up to two years.

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

Section 94 →

Section 318 IPC Bare Act Text

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.

Source: Section 318, Indian Penal Code, 1860

Section 318 IPC in Simple Words

Section 318 of the Indian Penal Code (IPC) punishes the intentional concealment of the birth of a child by secretly burying or disposing of its dead body. The offence applies whether the child died before, during, or after birth.

The statutory punishment is imprisonment of either description for up to two years, or fine, or both. The provision targets the concealment of the birth rather than the method of death.

Ingredients of Section 318 IPC

  • The dead body of a child was secretly buried or otherwise disposed of
  • The child died before, during, or after its birth
  • The accused intentionally concealed or endeavoured to conceal the birth of such child
  • The secret disposal was undertaken for the purpose of concealing the birth

Punishment Under Section 318 IPC

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 318 IPC

In 2020 in Shimla, Rekha delivered a child in her rented room, and the infant died from natural complications a few minutes after birth. Because Rekha wanted to hide the pregnancy and delivery from her landlord and relatives, she wrapped the dead body of the child in a cloth sack before dawn and secretly threw it into a deep forested ravine outside the town. By secretly disposing of the dead body of a child that died after its birth with the intention of concealing the birth, Rekha is punishable under Section 318 IPC.

When Section 318 IPC Does Not Apply

  • Section 318 IPC does not apply when the funeral or burial of the dead infant is conducted openly rather than in secret.
  • The provision is not attracted if the person disposing of the dead body had already disclosed the birth and did not intend to conceal it.
  • Abandoning a newborn child while the child is still alive does not fall under Section 318 IPC because the provision requires the disposal of a dead body.
  • Disposing of the remains of an adult is outside the scope of Section 318 IPC, which concerns only the dead body of a child.

Section 318 IPC in the BNS

Section 318 IPC is now covered under Section 94 BNS.

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

View detailed comparison (IPC 318 vs BNS 94) →

FAQs on Section 318 IPC

What does Section 318 IPC penalise?▼

Section 318 IPC penalises secretly burying or otherwise disposing of the dead body of a child with the intention of concealing its birth.

What is the punishment under Section 318 IPC?▼

The punishment is imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Does Section 318 IPC apply if the child was stillborn?▼

Yes. The section explicitly covers cases whether such child died before or after or during its birth.

What is the core intention required under Section 318 IPC?▼

The accused must intentionally conceal or endeavour to conceal the birth of the child through the secret disposal of its dead body.

Is Section 318 IPC applicable if a child is abandoned while alive?▼

No. Section 318 IPC applies solely to the disposal of the dead body of a child. Exposing or leaving a living child under twelve years with the intention of wholly abandoning it is dealt with by Section 317 IPC.

Which court tries an offence under Section 318 IPC?▼

An offence under Section 318 IPC is triable by a Magistrate of the first class.

Can an offence under Section 318 IPC be compounded?▼

No. Section 318 IPC is not compoundable under Section 320 CrPC.

Where is Section 318 IPC located in the Bharatiya Nyaya Sanhita?▼

It is located in Section 94 BNS.

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

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·