MEDICO- LEGAL

ASPECT OF
INFANTICIDE

ROWENA M. CUEVILLAS R.N, PH.D

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MOTIVE FOR INFANTICIDE:

1. to conceal dishonor especially when

there is no reason for her to give birth
to a child
2. Married woman living apart from
husband
3. Extreme poverty of parents.
4. Congenital abnormality of the child

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MOTIVE FOR INFANTICIDE:

5. Parent suffering from mental

abnormality
6. Belief that the child will bring bad
luck to the family
7. Desire no. of children has been
attained. Infanticide is made as a
substitute for ineffective family
planning.

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TYPES OF EVIDENCES
IN INFANTICIDE
In case of alleged infanticide the
prosecution must show the following
proofs:
1. That the child was born alive
2. That the child was deliberately
killed
3. That the child killed less than 3
days old.

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MEDICO-LEGAL
ASPECTS
A forensic pathologist is called in to
help in the investigation and who
attempts to answer three questions, all
of which have important legal
consequences:
(1) Was the infant of a gestational age
when it would be capable of sustaining
separate existence (viability)?

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MEDICO-LEGAL
ASPECTS
(2) If so, did the infant actually achieve a
state of separate existence from its
mother (live born) before it died or did it
die before the onset of birth (dead born),
or during the process of birth (stillborn)?
(3) If live born, what was the cause and
manner of death and the time since
death?

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EXAMINATION OF THE
CHILD
 The alleged mother should be examined for the signs of
recent delivery and her mental condition should be noted.
 In case of a child, the points to be decided are the
following:
1. Whether the child was stillborn or dead born?
2. Whether the infant has attained viability or not?
3. Whether the child was born alive?
4. If born alive, how long did the child live?
5. What was the cause of death?

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DOES THE CHILD BELONG TO THE ACCUSED WOMAN?
The proof is established by:
1. Signs of recent delivery or was the delivery compatible
with age of child (i.e. changes in breasts and genital
tract.)
2. Evidence from people with whom the suspected woman
has been intimately related in work or social life
3. Careful examination by police and doctor of the
wrapping in which the child was thrown e.g. particular
newspaper used can lead to the accused.
4. By sweepers who collect discharges from houses e.g.,
pads which show stains of blood or discharges from the
vagina and uterus i.e. Lochia because of recent delivery.

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WHAT ARE THE SIGNS OF
LIVE BIRTH?
 Hearing of cry
 Movements of limbs or muscular twitching of other parts
of the body
 Signs of establishment of respiration
 Other signs of live birth.

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WHAT ARE THE SIGNS OF
ESTABLISHMENT OF
RESPIRATION?

1.Change in the shape of the chest

 Prior to establishment of respiration shape is flat antero-
posteriorly and the circumference is a little less than the
abdominal girth, which after establishment of respiration ,
becomes comparatively rounded and circumference of chest
increases over abdominal girth
2. Changes in position of diaphragm
 Which was concave towards abdomen and was at the level of
the 3rd and 4th ribs, after establishment of respiration it
becomes more or less flat or even convex toward abdomen
and goes down at the level of the 6th or 7th ribs.

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3. Changes in the lungs
 Color – which was dark red or
chocolate brown in color, changes
into mottled pinkish or reddish in
appearance.
 Consistency – non-crepitate liver like
appearance , changes into soft ,
spongy crepitate in appearance

Average resting respiratory rates by age are:

 birth to 6 weeks: 30–60 breaths per
minute
 6 months: 25–40 breaths per minute
 3 years: 20–30 breaths per minute
 6 years: 18–25 breaths per minute
 10 years: 15–20 breaths per minute
 adults: 12–16 breaths per minute

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4. Volume
 Small in size, placed on the upper most part on either sides of
the vertebrae column prior to respiration, becomes increased
in volume and almost fills up the thoracic cavity after
respiration.

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 5. Margin
 Sharp margin becomes
rounded after respiration

6. Weight
 Becomes almost double after respiration
 Unrespired lung weighs between 30 to 40 gms.
 Respired lungs weighs between 60 to 70 gms.
 STATIC/ FODERE’S TEST – test which help to demonstrate the
fact on establishment of respiration, the weights of the lung
gets doubled.

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 7. Air vesicles
 Lungs which was atelectic
(defective expansion) and
airless, becomes expanded and
air vesicles appear on surface

8. Cut section
 Little frothless blood exudes prior to
respiration, but after respiration
abundant frothy blood exudates.

9. Hydorstatic test
 Whole or part of it sinks in water prior to respiration, but after
establishment of respiration, whole or part and even the
squeezed pieces of the lungs float in water.

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10. Changes in G.I tract
 Air can be detected in stomach and intestines because some
amount of air is swallowed during establishment of respiration
11. Changes in the middle ear
 Gelatinous embryonic tissue in the middle ear is replaced by air
on respiration.

WREDIN’S TEST
 A test for providing establishment or respiration.
 This test helps to demonstrate that the gelatinous embryonic
connective tissue of the middle ear of the foetus is replaced by air,
after birth.
 Gelatinous embryonic tissue in the middle ear is replaced by air
on respiration.

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 TRAITS UNRESPIRED LUNGS RESPIRED LUNGS
Color Uniformly dark red or reddish Mottled or marble in
brown appearance
Consistency Firm, non-crepitant Soft, crepitant (having
cracking wound)
Volume Smaller larger
Position Only the upper and posterior Almost whole of the thoracic
part on either side of vertebral is occupied.
column is occupied

Weight Between 30-40 gms. Between 60-70 gms.

Ratio with the body 1:35 1:70

weight
Margin Sharp rounded

Air vesicle Not inflated Inflated

Cut section Excudes little frothless blood Exudes copious frothy blood

Hydrostatic test Negative Positive

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Signs of live birth Signifies dead born or still born Signifies live birth
UNDER WHAT CIRCUMSTANCES UNRESPIRED LUNGS MAY
FLOAT IN THE WATER?
1. Putrefaction
2. Artificial respiration
UNDER WHAT CIRCUMSTANCES RESPIRED LUNG MAY
SINK IN WATER?
1. Diseased condition of the lungs like pneumonia, pulmonary
edema. Congenital syphilis, etc.
2. Atelectic lungs –collapse of the expanded lung; defective
expansion of pulmonary alveoli at birth.
3. Obstruction of alveoli duct membrane
4. Complete absorption of inspired air in the circulation
5. More air expelled out that inhaled.

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UNDER WHAT CIRCUMSTANCES HYDROSTATIC TEST IS
NOT REQUIRED?
1. Baby born prior to age of viability
2. Fetus showing evidence of mummification or intrauterine
maceration.
3. Presence of milk, honey, etc. in the stomach
4. Umbilical cord has separated and a scar has formed

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WHAT FEATURES WILL SUGGEST THAT THE
NEWBOR STUGGLED FOR BREATHING?

1. Presence of darked colored fluid blood, hemoconcentration and

formation of soft clots. (due to raised CO)
2. Cyanosed expanded lungs
• resulting from edema, obstructive emphysema ( abnormal
enlargement of alveoli with loss of pulmonary elasticity that is
characterized by shortness of breath and may lead to
impairment of heart action)
3. Hepatic and retroperitoneal edema.
• Liver swelling due to congestion of whole lobule
4. Ascites – abnormal accumulation of serous fluid in the space s
between tissues and organs in the cavity of the abdomen.
5. Distension of large gut with meconium

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 HESS’S RULE

Foetal age – Up to 4 months, square of the months is

taken and then length of foetus is measured i.e.
2 months 2 x 2 = 4 cms
For 3 months 3 x 3 = 9 cms
For 4 months 4 x 4 = 16 cms

After 4th months i.e. from 5th month no of month

multiplied by 5 give length of foetus in cms. Say
at 5 months length is 5 x 5 = 25 cms
at 6 months length is 6 x 5 = 30 cms
at 7 months length is 7 x 5 = 35 cms
at 8 months length is 8 x 5 = 40 cms
at 9 months length is 9 x 5 = 45 cms

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MEDICO-LEGAL
IMPORTANCE
1. Mother or her relatives may be accused of
infanticide, while the death of the foetus may be
due to injury, haemorrhage, or asphyxia from
precipitate labour.
2. In case of infanticide, death of the child may be
attributed to precipitate labour.

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HOW THE CRIME OF
INFANTICIDE IS COMMITTED
The crime of infanticide may be committed in two ways:
These may be:
1. Act of Commission
2. Act of Omission

ACT OF COMMISSION – they are acts done positively to cause

the death of the infant. Numerous injuries may be found on the
body , especially around the face, head and neck, due to
circumferential abrasions around the whole surface of the neck
caused due to fingernails.

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ACT OF COMMISSION
1. Suffocation.
 The child’s nose is closed with two fingers and the lower
jaw is pushed up with palm to occlude the airway.
 Placing a pillow or towel over the child’s face and
pressing down or pushing the face down into debclothing.
2. Stangulation.
 throttling or strangulation by ligature is also common.
 Sometime, umbilical cord is used as ligature to simulate
accident
 Abrasion on the neck may be caused by the frantic effort of
the mother to deliver herself.

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ACT OF COMMISSION
3. Drowning.
 The body of the foetus may be thrown into a well, tank, etc.
4. Burning.
 Infanticide by burning is rare, but it may be used as a mode of
disposal.
5. Blunt head injury.
 Infanticide by dashing the head against a wall or by the floor by
holding the feet
 Bruising of the ankles, and feet where they were firmly gripped.
 Blows on the head may be produced with a blunt object.
6. Fractures and dislocation or cervical vertebrae.
 May be caused by twisting of the neck
7. wounds.
 The child may be killed by stab, incised wounds, cut throat, etc.
8. Poison. rare

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ACT OF OMISSION OR
NEGLECT.
A woman is guilty of criminal negligence. , if she does not
take ordinary precautions to save her child after birth.
The following acts of omission amount to crime:
1. Failure to provide proper assistance during labour may cause
death by suffocating or head injury
2. Failure to clear the passages which may obstructed by
amniotic fluids or mucus
3. Failure to tie the cord after it is cut may cause death of
haemorrhage.
4. Failure to protect the child from exposure to heat or cold.
5. Failure to supply the child with proper food.

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 If a criminal charge of infanticide is to be laid against
the mother, the forensic pathologist must be certain
that not only had the infant achieved separate
existence but also that the cause of death was a
deliberate act or omission on the part of the mother.
 He must also, in his evidence, be able to recount his
post-mortem findings and his opinion derived from
them in such a way that the court can draw
necessary inferences beyond reasonable doubt.

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CONCEALMENT OF
BIRTH:

• In case where infanticide is not proved, mother is charged

with a lesser offence of concealment of birth. whoever by
secretly burying or otherwise disposing off the dead body of
the child, whether such child dies before, after or during
birth, intentionally conceals the birth of such a child is
punishable for the offence.
• Still birth may also be charged if it is suspected that child
dies at time of concealment. Foetus is a separate existence
i.e. after 7 months.

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ABANDONING OF INFANTS:
If the father or mother under the age of twelve years, or anyone
having the care of such child, Leaves such a child in any place
with the intention of abandoning the child, shall be punished for
abandoning of birth as per the laws of respective state.

CONCEALMENT OF BIRTH:
whoever, secretly buries or otherwise dispose of the dead body of
child, whether such child dies before or after or during its birth,
intentionally conceals, the birth of such child, shall be punished
for concealment of birth as per the laws of respective state.

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