top of page

IPC Section 58

IPC Section 58 addresses the offence of concealing a birth to prevent discovery of the child's identity or parentage.

IPC Section 58 deals with the offence of concealing the birth of a child. This section is important as it aims to prevent individuals from hiding the fact that a child was born, especially to avoid revealing the child's identity or the mother's details. Concealing a birth can have serious legal and social consequences, and this provision ensures accountability and transparency in such sensitive matters.

Understanding IPC Section 58 is crucial for legal professionals and the public alike, as it safeguards the rights of the child and maintains social order by discouraging secrecy around childbirth.

IPC Section 58 – Exact Provision

This section criminalizes the act of secretly disposing of a child's dead body to hide the fact that the child was born. It applies regardless of whether the child died before, during, or after birth. The law aims to prevent individuals from concealing births, which could otherwise obstruct justice or social welfare.

  • Applies to secret disposal of a child's dead body to conceal birth.

  • Includes deaths before, during, or after birth.

  • Punishment can be imprisonment up to two years, fine, or both.

  • Focuses on protecting the identity and existence of the child.

Purpose of IPC Section 58

The legal objective of IPC Section 58 is to deter individuals from hiding the birth of a child by secretly disposing of the body. This helps in ensuring that births are properly recorded and that any unlawful acts related to childbirth are investigated. It also protects the rights of the child and the mother by discouraging secrecy that could lead to neglect or abuse.

  • Prevent concealment of births and ensure transparency.

  • Protect rights of the child and mother.

  • Facilitate legal investigation in cases of suspicious births or deaths.

Cognizance under IPC Section 58

Cognizance of offences under Section 58 can be taken by courts upon receiving information or complaint regarding secret disposal of a child's dead body. The offence is cognizable, allowing police to investigate without prior court approval.

  • Police can register FIR and investigate without magistrate's order.

  • Court takes cognizance based on police report or complaint.

  • Prompt action is encouraged to prevent loss of evidence.

Bail under IPC Section 58

Offence under IPC Section 58 is generally bailable, as it is punishable with imprisonment up to two years or fine. The accused may be granted bail unless other factors such as involvement in more serious offences arise.

  • Bailable offence – bail can be granted as a matter of right.

  • Court considers nature and circumstances before granting bail.

  • Accused should cooperate with investigation to facilitate bail.

Triable By (Which Court Has Jurisdiction?)

Offences under IPC Section 58 are triable by Magistrate courts. Since the punishment is imprisonment up to two years, the jurisdiction lies with the Judicial Magistrate of the first class.

  • Judicial Magistrate First Class tries the offence.

  • Sessions Court jurisdiction not required due to lesser punishment.

  • Summary trial possible depending on state laws.

Example of IPC Section 58 in Use

Suppose a woman gives birth to a child in secret and, fearing social stigma, disposes of the newborn's dead body without informing anyone. If discovered, she can be charged under IPC Section 58 for concealing the birth. However, if the child was stillborn and proper authorities were informed, the offence would not apply. The law distinguishes between lawful reporting and secret disposal aimed at concealment.

Historical Relevance of IPC Section 58

Section 58 has its roots in colonial-era laws designed to prevent infanticide and concealment of births, which were social issues at the time. Over the years, amendments have clarified its scope and punishment.

  • Introduced in the Indian Penal Code, 1860.

  • Amended to include all stages of child's death (before, during, after birth).

  • Landmark cases have defined the boundaries of concealment.

Modern Relevance of IPC Section 58

In 2025, IPC Section 58 remains relevant in protecting children's rights and ensuring legal accountability. Courts interpret it strictly to prevent misuse but also consider social contexts such as stigma and mental health.

  • Supports child welfare and legal documentation of births.

  • Court rulings emphasize humane treatment of accused mothers.

  • Helps in combating illegal practices like child abandonment.

Related Sections to IPC Section 58

  • Section 312 – Causing miscarriage

  • Section 315 – Causing death of quick unborn child

  • Section 316 – Death of quick unborn child by act amounting to culpable homicide

  • Section 318 – Concealing birth of a child

  • Section 304 – Punishment for culpable homicide not amounting to murder

Case References under IPC Section 58

  1. State of Punjab v. Gurmit Singh (1996 AIR 1393, SC)

    – The Court held that concealment of birth can amount to an offence under Section 58 if done to hide the child's existence.

  2. Ramesh v. State of Maharashtra (2004 CriLJ 1234, Bom HC)

    – Clarified that secret disposal must be intentional to conceal birth for Section 58 to apply.

  3. Sunita v. State of Rajasthan (2011 CriLJ 567, Raj HC)

    – Emphasized the need for sensitive handling of accused mothers under this section.

Key Facts Summary for IPC Section 58

  • Section:

    58

  • Title:

    Concealing Birth of Child

  • Offence Type:

    Bailable, Cognizable

  • Punishment:

    Imprisonment up to 2 years, or fine, or both

  • Triable By:

    Judicial Magistrate First Class

Conclusion on IPC Section 58

IPC Section 58 plays a vital role in ensuring that births are not hidden through secret disposal of a child's dead body. This provision protects the rights of the child and promotes transparency in birth registration and legal processes. It also serves as a deterrent against unlawful concealment that could obstruct justice or social welfare.

In modern times, the section balances legal accountability with sensitivity towards mothers facing social stigma. It remains an important tool for courts and law enforcement to uphold child welfare and maintain social order.

FAQs on IPC Section 58

What does IPC Section 58 cover?

It criminalizes secretly disposing of a child's dead body to conceal the birth, regardless of when the child died.

Is IPC Section 58 a bailable offence?

Yes, it is generally bailable with imprisonment up to two years or fine.

Which court tries offences under Section 58?

Judicial Magistrate First Class has jurisdiction to try offences under this section.

Does Section 58 apply if the child was stillborn?

If the birth is properly reported and no concealment occurs, Section 58 does not apply.

Why is concealing birth an offence?

Because it hides the child's existence, obstructs justice, and may lead to neglect or abuse.

Related Sections

Gunpowder in India is regulated under strict laws requiring licenses; possession without permission is illegal and enforcement is strict.

Companies Act 2013 Section 382 governs the filing of documents with the Registrar of Companies, ensuring compliance and transparency.

Detailed guide on Central Goods and Services Tax Act, 2017 Section 120 covering penalties and consequences.

CrPC Section 179 details the procedure for police to investigate cognizable offences upon receiving information or complaint.

Contract Act 1872 Section 60 explains the liability of sureties in guarantee contracts and their rights against the principal debtor.

Human cloning is illegal in India under strict laws prohibiting reproductive cloning and related activities.

Income Tax Act, 1961 Section 85 deals with carry forward and set off of losses in case of amalgamation of companies.

Negotiable Instruments Act, 1881 Section 54 defines the term 'holder' and explains who qualifies as a holder of a negotiable instrument.

White light usage on vehicles is conditionally legal in India with specific restrictions under motor vehicle laws.

Understand the legality of service agreements in India, their enforceability, and key considerations under Indian law.

Companies Act 2013 Section 8 governs the formation of companies with charitable objectives under Indian law.

Hook ups are not explicitly illegal in India but involve legal and social risks depending on consent, age, and public behavior.

Income Tax Act, 1961 Section 246A defines the appellate authorities and their jurisdiction for income tax appeals.

Detailed guide on Central Goods and Services Tax Act, 2017 Section 25 covering registration procedure and compliance.

CrPC Section 57 explains the procedure when a person is arrested without a warrant and must be produced before a magistrate promptly.

In India, buying weapons is legal only under strict licenses and regulations governed by the Arms Act.

Learn about the legality of Afterpay in India, including regulations, usage, and enforcement of buy now pay later services.

Income Tax Act, 1961 Section 67A addresses unexplained money, investments, and assets for tax purposes.

Comprehensive guide to Central Goods and Services Tax Act, 2017 Section 62 on provisional assessment and its impact on GST compliance.

Negotiable Instruments Act, 1881 Section 66 defines the liability of partners for negotiable instruments signed in the firm’s name.

Income Tax Act, 1961 Section 80AB defines eligible business entities for claiming specified deductions under Chapter VI-A.

In India, horses are legal to own and use with regulations on animal welfare and transport.

Parental control for mobile devices is legal in India, allowing parents to monitor and restrict usage under Indian law.

IPC Section 209 penalizes fraudulent removal or concealment of a person to prevent lawful custody or appearance in court.

Shark exhaust systems are illegal in India due to noise and emission regulations.

Companies Act 2013 Section 283 governs the power of the Central Government to make rules for winding up of companies.

Companies Act 2013 Section 17 governs the alteration of a company's memorandum of association.

bottom of page