Section 85 Crimes Act | Concealing Birth


Section 85 of the Crimes Act is the offence of Concealing Birth and is extracted below.

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The Legislation

Section 85 of the Crimes Act 1900 deals with the offence of ‘Concealing Birth’ and reads as follows:

85 Concealment of birth

(1) Whosoever by any disposition of the dead body of a child, whether the child died before or after or during its birth, wilfully conceals or attempts to conceal the birth of the child, shall be liable to imprisonment for two years.

(2) It shall be a sufficient defence to any charge under this section if the accused person shall satisfy the court or jury that the dead body in respect of which the disposition took place had issued from the body of its mother before the expiration of the twenty-eighth week of pregnancy.