Section 62 - Concealment of body of child

(1) A person who conceals the body of a child, whether the child was born alive or not, with intent to conceal the fact of its birth, existence or death, or the manner or cause of its death, commits a misdemeanour.

(2) Subsection (1) does not apply to

(a) the case of a child of less than six months growth before its birth;

(b) the case of intent to conceal the birth, existence or death of a child, or the manner or cause of its death, from a particular person but it is requisite that there should be an intent to conceal the body from persons generally, except persons who abet or consent to the concealment.

(3) Subsection (1) applies to the mother of the child as it applies to any other person.

Illustrations

Subsection (2) (b)

1. A woman conceals from her father or mother the body of her child. She has not committed a concealment of birth unless she intended to conceal it from persons generally.

2. A woman conceals the body of her child from all persons except a nurse who helped her in the concealment. The woman has committed a concealment of birth although she did not conceal it from her a accomplice.