Section 70: Concealment of birth

70. Concealment of birth (1) Every person who, by any secret disposition of the dead body of a child, whether the child died before, at, or after its birth, endeavours to conceal the birth of the child, shall commit an offence. (2) Where any person charged before a Judge and jury for infanticide is acquitted and the jury finds that the child has recently been born and that the person charged did, by any secret disposition of the dead body of the child, endeavour to conceal the birth of the child, the Court may convict the person charged and pass sentence on him as if he had been convicted upon an information for the concealment of the birth in breach of subsection (1). (3) The father or mother of a legitimate child who fails within 3 months of the birth of the child to declare the birth shall commit an offence and shall, on conviction, be liable to a fine not exceeding 5,000 rupees. (4) The mother of a natural or illegitimate child who fails within 3 months of the birth of the child to declare the birth of the child shall commit an offence and shall, on conviction, be liable to a fine not exceeding 5,000 rupees. (5) Where any person who finds a newborn child neglects to make the declarations and fulfil the formalities required of him by section 17, he shall commit an offence and shall, on conviction, be liable to a fine not exceeding 5,000 rupees and to imprisonment for a term not exceeding 6 months. (6) No proceedings shall be instituted under subsection (3) or (4) where the birth of a child has been registered under section 12 (3). [S. 70 amended by Act 5 of 1999.]