Legal Aspects of Infanticide

Legal Aspects of Infanticide

Legal Aspects of Infanticide

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IPC & Definitions - Lawful Lines

  • Foeticide: Causing death of a fetus in utero.
  • Child Destruction: Killing a child capable of being born alive, before independent existence (overlaps BNS Sec 91, 92).
  • Infanticide (Legal Context): While the term 'infanticide' is commonly used, in the Indian legal context, acts related to the killing of a newly born child are addressed under specific sections of the Bharatiya Nyaya Sanhita (BNS), such as those dealing with acts preventing live birth or causing death after birth (BNS Section 91), or culpable homicide/murder, rather than a standalone crime explicitly named 'infanticide'.

Key BNS Sections (formerly IPC):

  • Sec 88: Causing miscarriage.
  • Sec 89: Causing miscarriage without woman's consent (more severe).
  • Sec 90: Death by act intended to cause miscarriage.
  • Sec 91: Act to prevent child being born alive or cause its death after birth.
  • Sec 92: Death of "quick" unborn child by act amounting to culpable homicide.
  • Sec 93: Exposure/abandonment of child < 12 years.
  • Sec 94: Concealment of birth by secret disposal of dead body.

⭐ Section 91 BNS is crucial for differentiating acts before and after birth.

Live Birth Proof - Vital Verdicts

  • 'Live Birth' (Indian Law): Child born alive if, post-complete expulsion (cord/placenta status irrelevant), it breathes or shows other life signs (heartbeat, cord pulsation, distinct muscle movement).
  • Key Signs of Live Birth:
    • Respiration: Primary sign. Air in lungs; physiological changes.
    • Circulation: Heartbeat (auscultation/palpation); umbilical cord pulsation.
    • Muscular Movement: Spontaneous, definite movements (limbs/body).
  • Medico-Legal Tests for Respiration:
    • Hydrostatic Test: Previously used but now considered unreliable due to high false positive/negative rates. Modern practice requires comprehensive assessment including macroscopic/microscopic lung examination for aeration signs, gastric contents, and postmortem CT for air distribution patterns.

    • Wreden's Test: Lecithin in middle ear fluid (indicates air entry).

    • Diaphanous Test: Chest transillumination shows aerated lung translucency.

  • Viability: Capacity for independent existence (India: typically >28 weeks gestation). Legally distinct from live birth.
  • Burden of Proof: Under BSA provisions, prosecution must prove child was born alive.

⭐ Hydrostatic test is no longer recommended as standalone evidence for live birth; comprehensive forensic assessment is required under current BNS framework.

Concealment & Penalties - Hidden & Held

  • BNS Section 94: Concealment of birth by secret disposal of dead body.
    • Elements: Death of child (before/during/after birth); secret disposal of body; intent to conceal birth.
    • Punishment: Imprisonment up to 2 years, or fine, or both.
  • Infanticide Penalties:
    • If live birth proven & child dies from accused's act: Charges under culpable homicide (BNS 69/70) or murder (BNS 78/79).
    • Punishment as per charge (e.g., life imprisonment/death for murder).
  • Special Considerations/Defenses:
    • Mother's state of mind (e.g., postpartum psychosis): May impact sentencing/charge; not direct murder defense.
    • Lack of intent to cause death.
    • Presumption of innocence of the mother.
  • Commission vs. Omission:
    • Commission: Active harm (e.g., suffocation).
    • Omission: Neglect of duty (e.g., not feeding/warming newborn).

⭐ BNS Sec 94 (Concealment of birth) can be charged even if it's uncertain whether the child was born alive or dead.

High‑Yield Points - ⚡ Biggest Takeaways

  • BNS Section 73 addresses acts intended to prevent a child from being born alive or to cause its death after birth.
  • BNS Section 74 pertains to causing the death of a quick unborn child by an act amounting to culpable homicide.
  • BNS Section 76 deals with the concealment of birth by secret disposal of the dead body of a child.
  • Proof of live birth is paramount for establishing infanticide; the child must have breathed or shown other signs of life.
  • Distinguish infanticide from murder (BNS 103) and culpable homicide not amounting to murder (BNS 105).
  • Section 82 of the BSA establishes a conclusive presumption of legitimacy for a child born during a valid marriage.
  • The age of viability, increasingly considered around 24 weeks of gestation with medical advancements, is a significant consideration in such cases.

Practice Questions: Legal Aspects of Infanticide

Test your understanding with these related questions

Death of an unborn child caused by an act of the parents is classified under which IPC section?

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Flashcards: Legal Aspects of Infanticide

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Exposure and abandonment of child under 12 years by parents is in Sec _____ of IPC

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Exposure and abandonment of child under 12 years by parents is in Sec _____ of IPC

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