Bharatiya Nyaya Sanhita, 2023

BNS Section 94

Concealment of birth by secret disposal of dead body

In one line

BNS Section 94 deals with concealment of birth by secret disposal of dead body and replaces IPC 318.

Punishment, bail and court

SectionOffencePunishmentCognizableBailableTriable by
94Concealment of birth by secret disposal of dead body.Imprisonment for 2 years, or fine, or both.Cognizable.Bailable.Magistrate of the first class.

Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.

Bare act text — BNS 94

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.

Frequently asked

What was BNS Section 94 in the IPC?

BNS Section 94 (Concealment of birth by secret disposal of dead body) replaces Section 318 of the Indian Penal Code, 1860. IPC 318 is now BNS 94.

What is the punishment under BNS 94?

Concealment of birth by secret disposal of dead body – punishable with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by magistrate of the first class.

Is BNS 94 bailable?

Bailable: BNS 94. Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.

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