IPC Section 318 - Concealment Of Birth By Secret Disposal Of Dead Body

Section 318 of the Indian Penal Code (IPC) is a crucial provision that addresses the concealment of a child's birth through the secret disposal of the dead body. It is aimed at ensuring accountability and discouraging acts rooted in fear, shame, or social stigma. This section criminalizes the act of secretly disposing of a child's body to hide its birth, irrespective of whether the child died before, during, or after birth. Understanding IPC Section 318 is essential for recognizing its role in upholding societal and moral responsibilities while deterring illegal practices like infanticide.

Legal Provision Related To Section 318 Of IPC

The provision “Section 318 - Concealment Of Birth By Secret Disposal Of Dead Body” states

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 endeavors 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.

IPC Section 318: Explained In Simple Terms

Section 318 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) defines the act of hiding the birth of a child by secretly disposing of the child's dead body. If someone tries to cover up the fact that a child was born by secretly burying, or disposing of the dead body of the child, they shall be punished under Section 318. The fact that a child died before birth, during birth, or after birth is immaterial.

Individuals liable under Section 318 shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Key Terms In IPC Section 318

• Concealment of Birth: The act of hiding or attempting to hide the fact that a child was born.
• Secret Disposal: Disposing of the dead body of the child in a secretive manner, like burying, burning, or other means of hiding it.
• Dead Body of a Child: Refers to the remains of the child, regardless of whether the child died:
  • Before birth (for example, stillborn),
  • During birth, or
  • After birth.
• Intentionally: The act must be done with knowledge and intent, as well as with the aim of concealing the birth.
• Attempts to Conceal: Even if the attempt to hide the birth is futile, attempting to do so is also penalized.
• Punishment: Imprisonment of either description (either simple or rigorous) upto 2 years, or with fine, or with both.

Key Details Of IPC Section 318

Purpose Of IPC Section 318

• Conservation of Evidence: Secretive disposal of a child's dead body may destroy vital evidence when there is suspicion of foul play, negligence or illegal practices such as infanticide. The law discourages such acts.
• Moral and Social Accountability: Through criminalising concealment, the law will tend to ensure the achievement of societal responsibility while eliminating activities which are done based on shame, stigma, or the fear of ostracism.
• Protection Against Crimes: Section 318 will deter individuals from engaging in infanticide as well as other crimes which individuals may resort to and hide by secreting their body.

Legal Interpretations

• Proof of Intent: The prosecution must prove that the accused had the specific intention of hiding the birth.
• Circumstantial Evidence: Where direct evidence is not available, circumstantial evidence can be used by the courts to prove the intent of concealment.
• Overlap with Other Laws: It very often comes under the purview of provisions dealing with infanticide (Section 315) or murder (Section 302) if there is foul play suspected. Section 318 applies solely to the act of concealment but not the cause of the death of the child.

Case Law On IPC Section 318

The case of Smt. Kalloo Bai vs. The State of M.P (2010) highlights the importance of framing specific charges under Section 318 IPC to ensure a fair trial and avoid prejudice against the accused.

In this case, the Court reversed the finding of conviction passed by the lower court against the appellant for an offense committed under Section 318 of the IPC.

• The Court held that Section 318 of the IPC is a standalone offence. It mandates a specific charge to be framed against the accused.
• In the present case, the trial court could not form a separate charge under Section 318. This deprived the appellant of the opportunity to defend herself against this specific charge and prejudiced her.
• The High Court also held that the judgment given by the trial court was inconsistent. The lower court had stated no evidence to show the appellant buried the child, whereas later it concluded she disposed of the child in secret, with no evidence.
• The High Court examined the testimony of witnesses and could not find any link with the appellant to the offense under Section 318.

Difference From Related Offenses

Section 318 differs from other provisions in the IPC, such as:

• Infanticide (Section 315): Infanticide is acts that cause the death of a child under one year of age, which are often done with the intent to kill. Section 318 does not require proof of the cause of death but rather focuses on the concealment of the birth.
• Murder (Section 302): Murder means intentionally killing an individual. Section 318 deals only with concealing the birth of a child by secretly disposing of the dead body.
• Abandonment (Section 317): Section 317 relates to exposing or abandoning a child under twelve years of age to any risk, whereas Section 318 deals with the disposal of a dead body with intent to conceal the birth.

Societal Challenges

• Social Judgment: Unmarried mothers or parents who are socially discriminated against may hide such incidences out of fear of judgments by society.
• Economic constraints: Poverty and lack of resources may force an individual to dispose of the body secretively.
• Ignorance of law: Many people may not know that their conduct has actually led to a criminal offense.

Criticism And Recommendations

Although Section 318 has its own importance, it has been criticized in some respects:

• Ambiguity regarding Scope: The section cannot differentiate between concealing with evil motives and doing with desperation or ignorance.
• Requirement of Rehabilitation: In many cases, individuals committing such acts may need psychological or social support rather than punishment.
• Awareness Campaigns: The government and civil society should make the public aware of the resultant legal and social implications of such incidents.

Conclusion

Section 318 of the IPC serves as a vital legal framework to ensure the ethical and lawful treatment of incidents involving the secret disposal of a child's dead body. By penalizing concealment, this law safeguards evidence, promotes accountability, and deters acts stemming from social stigma or desperation. However, addressing societal challenges, creating awareness, and providing psychological or social support are equally essential for holistic justice. Understanding the implications of this section is crucial for fostering a lawful and empathetic society.

FAQs

A few FAQs based on Section 318 of IPC are as follows:

Q1. What is the punishment under Section 318 IPC?

The punishment for violating Section 318 IPC includes imprisonment of up to two years, a fine, or both.

Q2. What is meant by "concealment of birth" in Section 318?

Concealment of birth refers to intentionally hiding the fact that a child was born by secretly disposing of the child’s dead body through burial, burning, or other means.

Q3. What are some societal challenges linked to Section 318 IPC?

Social stigma, economic constraints, and ignorance of the law are common challenges that often lead individuals to commit acts criminalized under Section 318 IPC.