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Infanticide in Forensic Medicine and Toxicology (FMT)
Definition
Infanticide is the unlawful killing (destruction) of a child under the age of 1 year.
- Infanticide Act, England (1938): The killing of a child under 1 year by the mother while suffering from a disease of the mind due to stress of pregnancy, delivery, puerperium, or lactation.
- India: There is no special Infanticide Act. The killing of a newborn is treated the same as murder under the IPC/BNS.
Related terms:
- Feticide: killing of the fetus at any time prior to birth
- Neonaticide: deliberate killing of a child within 24 hours of birth
- Filicide: killing of a child by its parents
Infanticide does not include the death of the fetus during labor when destroyed by craniotomy or decapitation.
- The Essentials of Forensic Medicine and Toxicology, 36th edition (2026), Ch. 19
Law
England
- Infanticide Act 1922: The first act - allowed for disturbed mental balance due to delivery effects. Only applicable in England.
- Infanticide Act 1938 (Section 1): "Where a woman by any willful act or omission causes the death of her child being under the age of 12 months, but at the time of the act or omission the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child, she shall be guilty of felony, to wit of infanticide..."
Key points:
- Only the mother can be charged with infanticide - any other person (including husband) is charged with murder/manslaughter.
- The child must have been born alive (and be viable).
- It must have been killed.
- The mother must be suffering from disease of the mind related to childbirth.
India
No specific Infanticide Act. Concealment of birth is covered under BNS Section 94 (corresponding to IPC Section 318):
- Whoever by secretly burying or otherwise disposing of the dead body of a child intends to conceal its birth - imprisonment up to 2 years.
- If the child is a girl - rigorous imprisonment up to 2 years, or fine, or both.
- P C Dikshit Textbook of Forensic Medicine and Toxicology, pp. 322-324
Motives
Uncivilized societies
- Survival of the fittest - destruction of malformed or "less valuable" infants
- Tribal superstitions (twin births, children born with teeth, leg presentations)
- Ritual beliefs (eating firstborn to gain strength)
Civilized societies
- To get rid of illegitimate children
- Mother is a widow or unmarried
- Parents belong to socially/economically weaker sections
- P C Dikshit Textbook of Forensic Medicine and Toxicology, p. 321
Key Questions for the Medical Expert
- Is the body that of a viable child?
- Is the body that of the child of the accused?
- Was the child stillborn or dead-born?
- Was the child born alive?
- If born alive, how long did it survive?
- What was the cause of death?
Viability
- Viability = capability of having separate existence after birth by virtue of development.
- In law, a fetus that has not completed the 7th month of intrauterine life is considered non-viable (incapable of separate existence).
- Charge of infanticide cannot be supported if the infant can be proved to be under 7 months gestational age.
- The court may require evidence of whether the infant had attained the 28th week of gestation.
Stillbirth vs Dead Birth vs Live Birth
| Feature | Stillbirth | Dead Birth (IUD) | Live Birth |
|---|
| Definition | Born after 28 weeks, no signs of life after completely born; alive in utero but dies during birth | Died in utero, shows signs after completely born | Shows any sign of life after birth |
| Rigor | Absent | Present at delivery | Absent |
| Maceration | Absent | Present (if >3-4 days IUD) | Absent |
| Lungs | Dark red, non-crepitant | Same | Pink/mottled, crepitant |
| Putrefaction | Outside inwards (sterile birth) | - | Inside outwards (bacteria inside) |
Maceration signs (Robert's sign): Gas in great vessels (aorta in 12 hours), reddening/brownish-pink skin with peeling and slippage.
The law presumes that every newborn child found dead was born dead until the contrary is proved.
Signs of Live Birth
External Examination
- Presence of cry marks/cry scratches (laryngeal folds congested)
- Air in GI tract: stomach (15 min), small intestine (1-2 hrs), colon (5-6 hrs), rectum (12 hrs)
- Inflammatory ring at umbilical base in 36-48 hours
- Umbilical cord falls off 5th-6th day, scar in 10-12 days
- Meconium evacuation
Internal Examination - Lungs (most important)
| Trait | Before Respiration | After Respiration |
|---|
| Weight | 1/70 of body weight | 1/35 of body weight |
| Volume | Normal or small | Larger, covers the heart |
| Consistency | Dense, firm, non-crepitant | Soft, spongy, elastic, crepitant |
| Margins | Sharp | Rounded |
| Color | Uniformly reddish-brown/bluish-red | Mottled/marbled (rose-pink + dark patches) |
- Chest shape: flat before respiration; drum-shaped/arched after.
- Diaphragm: at 4th-5th rib level before breathing; at 6th-7th rib level after breathing.
- Bloodstained froth in bronchi/bronchioles = positive sign of respiration.
Hydrostatic Test (Raygat's Test)
Principle: On breathing, lung volume increases and specific gravity diminishes (from 1040-1050 to ~940), causing them to float.
Procedure:
- Tie ligature on bronchi and separate lungs.
- Place each whole lung in water - floats if respiration has occurred.
- If it floats, cut each lung into 12-20 pieces and place in water.
- If the pieces float, squeeze under water - air bubbles escape (true air, not putrefaction).
- If still floating after squeezing, they are wrapped in cloth and compressed with a weight.
Causes of false floating (unexpanded lungs may float):
- Putrefactive gases - soft, greenish lungs, large uneven gas bubbles that collapse on pricking; signs of decomposition visible
- Artificial inflation - partial inflation only, stomach contains air but not intestines, no mottled appearance, little blood and no froth on section
Hydrostatic test is not necessary when:
- The fetus is a monster
- The fetus is macerated or mummified
- Fetus born before 180 days gestation
- Stomach of fetus contains milk
- Umbilical cord has separated and a scar has formed
Other Tests for Live Birth
| Test | Principle | Positive Result |
|---|
| Static test (Fodere's) | Lung weight comparison | Lungs weigh 30-40 g before respiration; 60-66 g after |
| Ploucquet's test | Blood flow doubles after respiration | Lung weight = 1/35 of body weight (vs 1/70) |
| Breslau's Second Life Test (stomach-bowel test) | Air swallowed reaches stomach/intestines | Stomach + intestines float in water |
| Wreden's Test | Air enters middle ear via eustachian tube after birth | Bubble of air exits middle ear when opened under water |
- The Essentials of Forensic Medicine and Toxicology, 36th ed. (2026), pp. 423-428
Causes of Death of a Newborn
Natural Causes
Immaturity, debility, congenital disease, malformations, hemorrhage from umbilical cord, post-maturity, pre-eclamptic toxaemia, placental disease, neonatal infection, intrapartum/antepartum anoxia, cerebral birth trauma, erythroblastosis fetalis.
Unnatural - Accidental
Head injuries from precipitate labor (no lacerations on scalp; fissured parietal fractures; usually no brain injury) - must be distinguished from criminal homicide.
Unnatural - Criminal
(A) Acts of Commission (positive acts):
-
Suffocation (Smothering): Nose closed with two fingers, lower jaw pushed up with palm. Other methods: pillow/towel over face, overlaying, pushing face into bedclothing, forcing mud/rag/cottonwool into mouth. Amount of force so minor that there may be no evidence of trauma.
-
Strangulation: Throttling or ligature strangulation; the umbilical cord itself may be used as a ligature.
-
Drowning: Immersion in water, bucket, well.
-
Blunt force/head injury: Striking, dashing infant's head against walls/floor - extensive comminuted/depressed skull fractures, brain contusions/lacerations, hemorrhage.
-
Sharp force: Cutting throat, stabbing.
-
Poisoning: Administration of opium, alcohol or other substances.
(B) Acts of Omission (passive acts - neglect):
- Failure to clear airway
- Failure to ligate umbilical cord (death from hemorrhage)
- Failure to keep the infant warm (exposure)
- Failure to feed (starvation)
- Abandonment
Concealment of Birth (India)
Under BNS Section 94 (formerly IPC Section 318):
- Secretly burying or disposing of dead body of child (born before, during, or after birth) to conceal its birth = up to 2 years imprisonment.
- If the child is a girl = rigorous imprisonment up to 2 years + fine.
Examination of the Alleged Mother
- Signs of recent delivery: breast engorgement, colostrum, lochia, perineal lacerations, dilated cervix, involution of uterus
- Mental condition must be assessed
- Her relationship to the child may need to be established
Medicolegal Significance
- The mother or her relatives may be accused of infanticide while the actual death may be due to precipitate labor (head injury, hemorrhage, asphyxia).
- Conversely, in a case of murder, death of the child may be falsely attributed to precipitate labor.
- Charge of infanticide cannot stand if the infant is proved to be under 7 months gestational age (non-viable).
Sources: The Essentials of Forensic Medicine and Toxicology, 36th ed. (2026) | Parikh's Textbook of Medical Jurisprudence, Forensic Medicine and Toxicology | P C Dikshit Textbook of Forensic Medicine and Toxicology