IPC 318 → BNS 94: Concealment of Birth

Quick Summary: IPC 318 vs BNS 94

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 318 deals with concealment of birth, part of the IPC's offences affecting the human body — homicide, hurt, wrongful restraint, criminal force, kidnapping and sexual offences, the largest group in the code. The BNS renumbers concealment of birth as BNS 94 and, for several sexual and grievous-hurt offences, enhances the punishment.

What did IPC 318 cover?

IPC 318 dealt with concealment of birth — concealment of birth by secret disposal of dead body. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 94: What changed in the new law?

No major change. From 1 July 2024, new complaints relating to concealment of birth are filed under BNS Section 94, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 94

Same - Up to 2 years

Practical implications for advocates, police & citizens

• Advocates: For concealment of birth, the grading of the offence — and therefore bail and forum — turns on intention, the degree of hurt and aggravating factors; map IPC 318 carefully to BNS 94.
• Police officers: Record the nature and degree of injury and the weapon or means used; a new concealment of birth FIR is filed under BNS 94.
• Law students & citizens: Punishment for concealment of birth rises sharply with the seriousness of the harm and the victim — the IPC 318 to BNS 94 change does not lower it.