Bailabel Type : non-bailable

Description

Description:
Section 318 of the Indian Penal Code (IPC) deals with the concealment of birth by secret disposal of the dead body of a child. It criminalizes the act of hiding the birth of a child or secretly disposing of its dead body, particularly when it is done with the intent to conceal the birth, especially in cases of a newborn child.

Key Elements of Section 318:

1. Concealing the Birth:

   • This section applies to anyone who secretly conceals the birth of a child, whether the child was born alive or not.
   • Concealment typically means the act of hiding the fact that a child has been born, with the intention to keep it hidden from others.

2. Disposal of the Dead Body:

   • It applies when the dead body of a child is disposed of without proper notice or without informing authorities, with the intent to hide the circumstances of the birth and death.
   • This includes secretly burying or otherwise disposing of the child’s body to cover up the birth or death.

3. Punishment:

   • The punishment for concealing the birth or disposing of the body of the child in such a way is imprisonment for a term that may extend to two years.
   • The convicted person may also face a fine in addition to imprisonment.

4. Scope of Offense:

   • The offense is not just limited to cases where the child is deceased. It also applies if the child was born alive but then the birth was concealed or the body disposed of without notifying authorities or properly dealing with the body.

5. Intention to Conceal the Birth:

   • A key element is the intent to conceal the birth, which involves hiding it for some unlawful purpose or personal gain. This could involve actions taken to avoid legal repercussions, embarrassment, or shame associated with the birth.

Punishment

Punishment:

• If found guilty, the accused may be imprisoned for up to two years or may be imposed a fine or both.