BACK TO SECTIONS(2003) 4 SCC 601
BailableCognizable: CognizableMagistrate First Class
THE STATUTE
Original 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...
Simplified
Section 318 prevents hiding of births through secret disposal of deceased infants. By criminalising the secret disposal of a dead infant's body, the law ensures every birth and neonatal death is medicalised and accounted for. Applies whether the child died before, during, or after birth. Does not require proof of murder — merely that the birth was intentionally concealed through the body's secret disposal.
Legal Evolution
Section 318 on concealment of birth by secret disposal of a dead body was a direct import from English law addressing the concealment of infanticide — a recurring social problem in both England and colonial India. At a time when illegitimate birth carried severe social stigma, infanticide and concealment were tragically common. Courts have consistently held that the provision applies even if the child was stillborn, as the gravamen is the concealment of a birth rather than causing death.
Landmark Precedents
State of Maharashtra v. Praful B. Desai (2003)
RELEVANCE
Section 318 requires proof of intentional concealment — not merely the fact of the child's death or disposal; the intent to hide the birth is the essential element.
Practical Scenarios
"Burying a stillborn child in a backyard to avoid police inquiry — Section 318."
"Abandoning a deceased newborn's body to conceal the birth — Section 318."
Common Queries
Yes — Section 318 specifically involves the secret disposal of the 'dead body' of a child.