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What Is BNS Section 94?

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Bharatiya Nyaya Sanhita, 2023 - Section94: 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.

Brief Detail

Section 94 of the BNS Act addresses the concealment of birth by secret disposal of a dead body. This provision applies whether the child dies before, after, or during birth. The act of secretly burying or otherwise disposing of the dead body to conceal the birth is punishable. The penalty may include imprisonment for up to two years, a fine, or both.

Question & Answers

Q1: What does Section 94 of the BNS Act pertain to?

A1: Section 94 pertains to the concealment of birth by secretly disposing of the dead body of a child, whether the child dies before, during, or after birth.

Q2: What are the possible penalties under Section 94 for concealing the birth of a child?

A2: The penalties under Section 94 include imprisonment for up to two years, a fine, or both.

Q3: Does the provision apply to the concealment of the birth of a child who dies during birth?

A3: Yes, Section 94 applies to the concealment of the birth of a child who dies before, during, or after birth.

Q4: Can someone be punished if they secretly bury or dispose of a child’s dead body with the intention of concealing the birth?

A4: Yes, if someone secretly buries or disposes of the child’s dead body with the intention of concealing the birth, they can be punished under Section 94.

Example

Example 1: If a person secretly buries the body of a newborn child who died during birth in an attempt to hide the fact of the birth, they could be charged under Section 94.

Example 2: A person who disposes of a stillborn child's body secretly to avoid detection of the birth is also subject to the penalties under Section 94.

Summary

Section 94 of the BNS Act criminalizes the act of concealing a birth by secretly disposing of a child's dead body, regardless of whether the child died before, during, or after birth. The punishment for this offense can be imprisonment for up to two years, a fine, or both.

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