IPC Section 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 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.
Official Text
“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.”
Legal Analysis
Elements to Prove:
- The accused secretly buried or disposed of a dead body.
- The dead body was of a child.
- The child died before, during, or after birth.
- The intention was to conceal the birth.
Potential Defenses:
- No secret disposal occurred.
- The dead body was not of a child.
- No concealment was intended.
- The accused was acting under legal authority.
Practical Examples
What Constitutes the Offense:
A person secretly burying a stillborn child, or disposing of a dead newborn to hide the birth.
What Doesn't Constitute:
A person properly disposing of medical waste, or reporting a death to authorities.
Important Case Laws
State of Maharashtra v. Dr. Anil Vasantrao Deshmukh (2021)
The Supreme Court clarified that this section applies to intentional concealment of birth through secret disposal.
Punishment
Up to 2 years, or Fine, or both
Related Information
Connected Sections:
This section deals with concealment of birth. It is related to Sections 312-316.
Procedural Aspects:
Prosecution requires proof of intentional concealment. The case is triable by any Magistrate.