What is Section 318 IPC? Concealment of birth by secret disposal of dead body
Published on: Lawiz Team
Learn about Section 318 IPC: Concealment of birth by secret disposal of dead body
Official Legal Text
Whoever, by secretly burying or otherwise disposing of the dead body of a child, whether such child died 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.
What This IPC Section Means – Explained in Simple Words
Section 318 punishes anyone who secretly buries or disposes of the dead body of a child with the intent to conceal its birth.
Purpose
To prevent the concealment of the birth of a child, especially in cases of illegal abortion or infanticide.
Bailable or Not Bailable & Punishment
Bailable: Bailable, Punishment: Imprisonment up to 2 years, or fine, or both.
Scope and Application
Applies to any person who disposes of the dead body of a child secretly to hide its birth, whether the child was born alive or dead.
Important Legal Points
The concealment must be intentional, and the body must be of a child.
Illustrative Example
If a person secretly buries a newborn child’s body in order to hide its birth, they are punishable under Section 318.
Exceptions and Special Cases
Does not apply if the body is disposed of with proper rituals or for a lawful purpose.
Punishment Details
Imprisonment of either description for a term which may extend to two years, or with fine, or with both.
FAQs
What is Section 318 IPC about?
Concealment of birth by secret disposal of dead body
What is the punishment under Section 318 IPC?
Punishment varies depending on specific conditions under Section 318 IPC.
Is the offence under Section 318 IPC bailable or non-bailable?
Depends on the severity and judicial discretion.
How can a case be filed under Section 318 IPC?
Approach the nearest police station and file an FIR mentioning the details.
What are the defences available under Section 318 IPC?
Defences depend on lack of intent, mistake of fact, or procedural lapses.
Can you give examples related to Section 318 IPC?
Real-world examples vary based on facts and circumstances.
Are there any landmark judgments related to Section 318 IPC?
Judicial interpretations vary; specific case laws define the scope.