Infanticide and Related Concepts in Medico-Legal Aspects

INFANTICIDE
INFANTICIDE
Infanticide means killing of an infant
within one year of age.
“Hence ,it is obvious that in a case of
infanticide the matters to be proved are”
Whether it was viable when born
Whether the foetus was born alive.
Whether it had separated existence for sometimes.
That  the cause of death was neither natural nor
accidental but was due to some deliberate act of
commission or omission
That  the dead infant examined belonged to the
woman charged for commission of the offence  of
infanticide
Whether the foetus was born alive
Viability or capacity  to lead a separate
life outside the body of mother, depends
on many  biological and physiological
factors.
The acceptable age of viability of a foetus
is 210 days.
Whether it was viable when born
Two other condition of newly born
foetuses are recognised, when they
are not born alive.
These are:
1.Still born foetus
2.Dead born foetus
STILL BORN FOETUS
According to 
WHO- “a still born child as one, which
has issued forth from the mother , after 28 wks of
pregnancy and didn’t at any time after being
completely expelled, breathe or show any sign of
life”
In contrast to general conception, some still born
foetuses may show signs of respiration, when they
are still in the vagina or uterus.
                      ( Vagitus vaginalis or Vagitus uterinus)
Frequency of still birth rate is calculated as 1 in 18
births.
Medico legal aspects of still birth
Charge of infanticide will not stand in
still birth cases.
In India, killing after live birth is
considered as 
murder
 (
302
 
IPC
) and
    to prevent live birth
 
under
 315
 
IPC
.
DEAD BORN
Death of a foetus inside the uterus.
Sign Of Dead Born Foetus
1.Rigor mortis
2.Intrauterine maceration (
Autolytic
 
decomposition
)
    
Overlapping of skull bones (
Spalding
 
sign
)
    Soft tissue oedema: skin >5 mm
3. Intrauterine mummification
4.Putrifaction
 
Gas shadow in foetal heart& vassels(
Robert's
 
sign
)
LIVE BIRTH
  The foetus is alive, complete birth?
    OR
    at least one part of its body comes out of the
mother’s body?.
Sign Of Live Birth
As Recognised By Civil Law
a.
Cry of the baby-   Vagitus vaginalis  and
       Vagitus uterinus
b. Movement of any part of body
c. Sneezing and yawning
d. Heartbeat
Sign Of Live Birth
(As Recognised By Criminal Law)
External Signs 
:
1.Shape of chest and its measurements:
     increase AP diameter and circumference
2.Changes in skin 
Colour 
-bright red at birth
                     Brick red- 2
nd
 to 3
rd
 day
                     Yellowish -3
rd
 to 6
th
 day
                     Normal-7
th
 to 10th day
Desquamation of skin 
-
begins over abdomen by 2
nd
 day
and is completed by 3
rd
 to 4
th
 day
Vernix caseosa
3. 
Caput succedaneum
4. 
Cephalhaematoma
5.
Change in the Umbilical cord
Cut margin dries 
up by about 
2 hrs.
The 
cord dries 
up about 
24 hrs.
Red ring appears 
around umbilicus on
the 
2nd day
.
Cord falls 
off by 
4
th
 -5
th
 day 
and
complete healing of the surface occurs.
B. Sign of live birth and separate
existence in dead infants
Internal Examination
1.Position of highest point of 
diaphragm
goes down from 3
rd
- 4
th
 ribs to 6
th 
 / 7
th
ribs.
2. Examination of 
lungs
Ploucquet’s test.
Hydrostatic test.
Histological examination of the
lungs.
3.Findings in the 
stomach and intestine
-
Breaslau’s second life test.
Demonstration of air in x ray.
Presence of milk / honey in stomach.
4.
Meconium - 
large intestine is completely free
of meconium within 
24 hrs 
after birth.
5.Change in the 
heart-
   
closure  of  foramen ovale  
occurs within
   
3 months 
after birth.
6.Change in 
blood vessels-
Umbilical arteries 
start contracting within
   
10 hrs 
after birth and obliteration completed by
3
rd
  day.
Umbilical vein 
-start contracting by 
2
nd
 to 3
rd
 day
after birth and completely obliterate by 
4
th
 to 6
th
day.
Ductus arteriosus 
starts to obliterate by 
2
nd
 to
3
rd
 
day after birth and completed  by 
7 to 10
days
.
Ductus venosus- 
starts to obliterate by 
3
rd
 to 4
th
day after birth and completed  by 
10 days
.
7
. 
Incremental line in the enamel
 of the teeth-
one of the 
surest sign 
of live birth.
8. Air in the 
middle ear.
9. Presence of some 
ossification centres 
e.g. at
the lower end of radius, heads of humerus
and femur and capitulum of humerus.
10.Changes in the 
blood
-
Nucleated RBC 
is absent in peripheral
circulation with in 
24 hrs.
Foetal haemoglobin 
55 % to 60 % at birth.
11. 
Closure of fontanelle.
Cause of Infant death
A-Natural
B-Accidental
C-Criminal
               Natural causes :
Prematurity
Asphyxia
Birth trauma
Congenital malformation
Haemolytic disease
Neonatal infection
Early separation of placenta
Pre - eclamptic toxaemia in mother
Infective condition during infancy
Sudden infant death syndrome
Accidental causes during birth:
Injury to mother on her abdomen
Prolapse of cord
Prolonged labour
Twisting of cord around neck
Premature separation of placenta.
Mother’s death.
Accidental causes after birth :
Non rupture of membrane.
Cord around neck
Head injury
Non-availability of nursing care-neonate may
die due to smothering, choking, suffocation,
drowning.
Precipitated labour-may cause death of the
newborn due to head injury, suffocation or
drowning or bleeding from umbilical stump.
Criminal causes
May be divided into two groups :
1.Acts of 
Omission
2.Acts of 
Commission
1.Acts of Omission
 or deliberate neglect
Intentional failure to extend those cares to the
newborn, that may lead to its death and may
amount to infanticide.
Examples-
A)failure to tie the cord
B)failure to protect the child from being
suffocated by linens
C)failure to protect it from exposure of cold or
other adverse site.
2).Acts of commission to cause infant
death
Suffocation
 by Smothering , Gagging, pressure over
chest wall
Strangulation
Drowning
Poisoning
Head injury
Concealed punctured wound-may be caused by nail or
needle through fontanelle, inner canthus of eye.
Cut throat injury
Burying of newborn alive
Burning
Twisting of neck –fracture dislocation of cervical
vertebrae
Sudden infant death syndrome
Sudden infant death syndrome
 (
SIDS
) also
known as cot death or crib death is the
sudden death of an infant that is not predicted
by medical history and remains unexplained
after a thorough forensic autopsy and detailed
death scene investigation
Predisposing causes
Season-commonly in rainy and winter season
Premature birth
Sex  -  M:F=3:2
Age – mid-infancy is most vulnerable
Social status-lower and middle class
Time of death-death possibly  occurring at late
night or after sometimes of 1
st
 feeding of the
infant in the morning.
Precipitating causes
1.Prolonged sleep apnoea-presently accepted as
the most countable of the suggested cause
2.Pocal hypersensitivity of respiratory tract
3.Viral infection
4.Bed clothes and pillow falling accidently over
mouth
5.Prone position
6.Overlying
Medico-legal importance of SIDS
Cot death being natural or very
occasionally accidental, the parent may
be wrongfully linked for having criminal
involvement or negligence.
Some criminal infant death cases may be
presented as natural cot death cases.
Non-Accidental Injury Of Childhood
Battered Baby Syndrome
Also known as 
maltreatment syndrome in
children or Caffey’s syndrome 
or child abuse
syndrome.
A battered child is one who has received
repetitive physical injuries as a result of non
accidental violence, produced by parent or
guardian. in addition to physical injuries there
may be non-accidental deprivation of
nutrition, care and affection.
Features of Battered Baby Syndrome
Age-usually less than 3 years old
Sex-slightly more in male(55 to 63%)
Position in family-eldest or youngest and
often unwanted
Socio-economic factors-lower
socioeconomic status
History-difference between nature of
injury and explanation given by parent
Treatment-delay between injury and
medical attention
Injuries in Battered Baby Syndrome
Surface injuries-mainly head face and neck
region. Mainly bruise, abrasion and laceration.
Laceration of mucosa of upper lip, often tear
of fraenulum is most characteristic lesion.
Violent shaking lead to subdural
haematoma(40% cases) and intraocular
bleeding in battered babies, so called
“Infantile Whiplash Syndrome”
Bite mark, traumatic alopecia, retinal
haemorrhage, injuries to liver and spleen,
small pitted burn of cigarette.
Skull fracture are common in occipital-parietal
area.
Multiple rib fracture occur along posterior
angle of ribs. after one to two weeks, callus is
formed, and on X –ray 
“a string of beads”
appearance is seen in the paravertebral
gutter 
(NOBBING FRACTURE)
Diagnosis
Diagnosis depends upon
1. Nature of injuries
2. Time taken to seek medical advice
3. Recurrent injuries
Differential diagnosis
Scurvy
Congenital syphilis
Osteomyelitis
Leukaemia
Rickets
Juvenile osteoporosis with stress fracture
Osteogenic imperfecta
Munchausen’s Syndrome
Munchausen syndrome is feigning illness or
injury and going from hospital to hospital for
unnecessary investigation and treatment.
Munchausen’s Syndrome By Proxy
The term describe the action of one person
(usually mother) who inflict harm against
another person ( usually an infant or small
child) in an attempt to gain sympathy and
attention for both of her own and child’s
suffering.
1. Spalding sign occurs because
of:
Mummification
Maceration
Adipocere
Drowning
2. Caffey syndrome is another
name of :
Battered baby syndrome
Battered wife
Incest
Death in cafeteria
3.breslau’s second life test is :
Air in stomach and intestine
Putrefaction
Mummification
Air in lungs
4. During hydrostatic test ,
unexpanded lung may float due to :
Formation of putrefactive gases
Air in stomach
Air in the larynx
Air in alveoli
5.Ploucquett’s test is for:
Drowning
Live birth
Age with the help of teeth
Range of a fire arm
6.Vagitus vaginalis means :
Death of child in vagina
Changes in the vagina during
delivery
Crying of the child in vagina
Movements of child in vagina
7. Wredin’s test detects
changes in :
Lungs
Brain
Middle ear
Heart
8. following are the act of
commission in the case of
infanticide:
Strangulation
Suffocation
Burning
All of the above
9. Crib death can be due to:
Violence
Poisoning
Drowning
Asphyxia
10. all of the following about
maceration are correct , except:
It is a sterile process
Macerated fetus is  flaccid and
flattened
Emits a sweetish but disagreeable
odor
Skin assumes a greenish color
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Infanticide refers to the killing of an infant within the first year of life. To prove a case of infanticide, factors such as the viability at birth, signs of life, and deliberate cause of death must be established. Still-born and dead-born foetuses have distinct characteristics according to medical standards. Legal implications differ for still birth cases. Understanding these distinctions is crucial in medico-legal scenarios.

  • Infanticide
  • Viability
  • Still-Born
  • Dead-Born
  • Medico-Legal

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  1. INFANTICIDE

  2. INFANTICIDE Infanticide means killing of an infant within one year of age.

  3. Hence ,it is obvious that in a case of infanticide the matters to be proved are Whether it was viable when born Whether the foetus was born alive. Whether it had separated existence for sometimes. That the cause of death was neither natural nor accidental but was due to some deliberate act of commission or omission That the dead infant examined belonged to the woman charged for commission of the offence of infanticide

  4. Whether the foetus was born alive Viability or capacity to lead a separate life outside the body of mother, depends on many biological and physiological factors. The acceptable age of viability of a foetus is 210 days.

  5. Whether it was viable when born Two other condition of newly born foetuses are recognised, when they are not born alive. These are: 1.Still born foetus 2.Dead born foetus

  6. STILL BORN FOETUS According to WHO- a still born child as one, which has issued forth from the mother , after 28 wks of pregnancy and didn t at any time after being completely expelled, breathe or show any sign of life In contrast to general conception, some still born foetuses may show signs of respiration, when they are still in the vagina or uterus. ( Vagitus vaginalis or Vagitus uterinus) Frequency of still birth rate is calculated as 1 in 18 births.

  7. Medico legal aspects of still birth Charge of infanticide will not stand in still birth cases. In India, killing after live birth is considered as murder (302 IPC) and to prevent live birth under 315 IPC.

  8. DEAD BORN Death of a foetus inside the uterus. Sign Of Dead Born Foetus 1.Rigor mortis 2.Intrauterine maceration (Autolytic decomposition) Overlapping of skull bones (Spalding sign) Soft tissue oedema: skin >5 mm 3. Intrauterine mummification 4.Putrifaction Gas shadow in foetal heart& vassels(Robert's sign)

  9. LIVE BIRTH The foetus is alive, complete birth? OR at least one part of its body comes out of the mother s body?.

  10. Sign Of Live Birth As Recognised By Civil Law a. Cry of the baby- Vagitus vaginalis and Vagitus uterinus b. Movement of any part of body c. Sneezing and yawning d. Heartbeat

  11. Sign Of Live Birth (As Recognised By Criminal Law) External Signs : 1.Shape of chest and its measurements: increase AP diameter and circumference 2.Changes in skin Colour -bright red at birth Brick red- 2ndto 3rdday Yellowish -3rdto 6thday Normal-7thto 10th day Desquamation of skin -begins over abdomen by 2ndday and is completed by 3rdto 4thday Vernix caseosa

  12. 3. Caput succedaneum 4. Cephalhaematoma 5.Change in the Umbilical cord Cut margin dries up by about 2 hrs. The cord dries up about 24 hrs. Red ring appears around umbilicus on the 2nd day. Cord falls off by 4th-5thday and complete healing of the surface occurs.

  13. B. Sign of live birth and separate existence in dead infants Internal Examination 1.Position of highest point of diaphragm goes down from 3rd- 4thribs to 6th / 7th ribs. 2. Examination of lungs Ploucquet s test. Hydrostatic test. Histological examination of the lungs.

  14. Character Unrespired Lungs Respired Lungs Weight in relation to body weight 1/70 1/35 Volume Small Large and covers the heart Soft, spongy, elastic, Crepitant Consistency Liver Like: Dense firm non crepitant Extension Up to the level of 4thand 5thrib 1.04 Up to the level of 6thand 7thrib 0.94 Specific gravity

  15. Margin Sharp Rounded Color Uniform reddish Mottled/ marbled appearance Inflated Air vesicles Not inflated Section Little froth less blood exudates on pressure Abundant frothy blood exudates Breslau s second life test Whole or part sinks Expanded parts or whole floats in water Microscopy Cuboidal lining Squamous Epithelium More Patent Blood vessel Less patent

  16. 3.Findings in the stomach and intestine- Breaslau s second life test. Demonstration of air in x ray. Presence of milk / honey in stomach. 4.Meconium - large intestine is completely free of meconium within 24 hrs after birth. 5.Change in the heart- closure of foramen ovale occurs within 3 months after birth.

  17. 6.Change in blood vessels- Umbilical arteries start contracting within 10 hrs after birth and obliteration completed by 3rdday. Umbilical vein -start contracting by 2ndto 3rdday after birth and completely obliterate by 4thto 6th day. Ductus arteriosus starts to obliterate by 2ndto 3rdday after birth and completed by 7 to 10 days. Ductus venosus- starts to obliterate by 3rdto 4th day after birth and completed by 10 days.

  18. 7. Incremental line in the enamel of the teeth- one of the surest sign of live birth. 8. Air in the middle ear. 9. Presence of some ossification centres e.g. at the lower end of radius, heads of humerus and femur and capitulum of humerus. 10.Changes in the blood- Nucleated RBC is absent in peripheral circulation with in 24 hrs. Foetal haemoglobin 55 % to 60 % at birth. 11. Closure of fontanelle.

  19. Cause of Infant death A-Natural B-Accidental C-Criminal

  20. Natural causes : Prematurity Asphyxia Birth trauma Congenital malformation Haemolytic disease Neonatal infection Early separation of placenta Pre - eclamptic toxaemia in mother Infective condition during infancy Sudden infant death syndrome

  21. Accidental causes during birth: Injury to mother on her abdomen Prolapse of cord Prolonged labour Twisting of cord around neck Premature separation of placenta. Mother s death.

  22. Accidental causes after birth : Non rupture of membrane. Cord around neck Head injury Non-availability of nursing care-neonate may die due to smothering, choking, suffocation, drowning. Precipitated labour-may cause death of the newborn due to head injury, suffocation or drowning or bleeding from umbilical stump.

  23. Criminal causes May be divided into two groups : 1.Acts of Omission 2.Acts of Commission

  24. 1.Acts of Omission or deliberate neglect Intentional failure to extend those cares to the newborn, that may lead to its death and may amount to infanticide. Examples- A)failure to tie the cord B)failure to protect the child from being suffocated by linens C)failure to protect it from exposure of cold or other adverse site.

  25. 2).Acts of commission to cause infant death Suffocation by Smothering , Gagging, pressure over chest wall Strangulation Drowning Poisoning Head injury Concealed punctured wound-may be caused by nail or needle through fontanelle, inner canthus of eye. Cut throat injury Burying of newborn alive Burning Twisting of neck fracture dislocation of cervical vertebrae

  26. Sudden infant death syndrome Sudden infant death syndrome (SIDS) also known as cot death or crib death is the sudden death of an infant that is not predicted by medical history and remains unexplained after a thorough forensic autopsy and detailed death scene investigation

  27. Predisposing causes Season-commonly in rainy and winter season Premature birth Sex - M:F=3:2 Age mid-infancy is most vulnerable Social status-lower and middle class Time of death-death possibly occurring at late night or after sometimes of 1stfeeding of the infant in the morning.

  28. Precipitating causes 1.Prolonged sleep apnoea-presently accepted as the most countable of the suggested cause 2.Pocal hypersensitivity of respiratory tract 3.Viral infection 4.Bed clothes and pillow falling accidently over mouth 5.Prone position 6.Overlying

  29. Medico-legal importance of SIDS Cot death being natural or very occasionally accidental, the parent may be wrongfully linked for having criminal involvement or negligence. Some criminal infant death cases may be presented as natural cot death cases.

  30. Non-Accidental Injury Of Childhood Battered Baby Syndrome Also known as maltreatment syndrome in children or Caffey s syndrome or child abuse syndrome. A battered child is one who has received repetitive physical injuries as a result of non accidental violence, produced by parent or guardian. in addition to physical injuries there may be non-accidental deprivation of nutrition, care and affection.

  31. Features of Battered Baby Syndrome Age-usually less than 3 years old Sex-slightly more in male(55 to 63%) Position in family-eldest or youngest and often unwanted Socio-economic factors-lower socioeconomic status History-difference between nature of injury and explanation given by parent Treatment-delay between injury and medical attention

  32. Injuries in Battered Baby Syndrome Surface injuries-mainly head face and neck region. Mainly bruise, abrasion and laceration. Laceration of mucosa of upper lip, often tear of fraenulum is most characteristic lesion. Violent shaking lead to subdural haematoma(40% cases) and intraocular bleeding in battered babies, so called Infantile Whiplash Syndrome

  33. Bite mark, traumatic alopecia, retinal haemorrhage, injuries to liver and spleen, small pitted burn of cigarette. Skull fracture are common in occipital-parietal area. Multiple rib fracture occur along posterior angle of ribs. after one to two weeks, callus is formed, and on X ray a string of beads appearance is seen in the paravertebral gutter (NOBBING FRACTURE)

  34. Diagnosis Diagnosis depends upon 1. Nature of injuries 2. Time taken to seek medical advice 3. Recurrent injuries

  35. Differential diagnosis Scurvy Congenital syphilis Osteomyelitis Leukaemia Rickets Juvenile osteoporosis with stress fracture Osteogenic imperfecta

  36. Munchausens Syndrome Munchausen syndrome is feigning illness or injury and going from hospital to hospital for unnecessary investigation and treatment.

  37. Munchausens Syndrome By Proxy The term describe the action of one person (usually mother) who inflict harm against another person ( usually an infant or small child) in an attempt to gain sympathy and attention for both of her own and child s suffering.

  38. 1. Spalding sign occurs because of: Mummification Maceration Adipocere Drowning

  39. 2. Caffey syndrome is another name of : Battered baby syndrome Battered wife Incest Death in cafeteria

  40. 3.breslaus second life test is : Air in stomach and intestine Putrefaction Mummification Air in lungs

  41. 4. During hydrostatic test , unexpanded lung may float due to : Formation of putrefactive gases Air in stomach Air in the larynx Air in alveoli

  42. 5.Ploucquetts test is for: Drowning Live birth Age with the help of teeth Range of a fire arm

  43. 6.Vagitus vaginalis means : Death of child in vagina Changes in the vagina during delivery Crying of the child in vagina Movements of child in vagina

  44. 7. Wredins test detects changes in : Lungs Brain Middle ear Heart

  45. 8. following are the act of commission in the case of infanticide: Strangulation Suffocation Burning All of the above

  46. 9. Crib death can be due to: Violence Poisoning Drowning Asphyxia

  47. 10. all of the following about maceration are correct , except: It is a sterile process Macerated fetus is flaccid and flattened Emits a sweetish but disagreeable odor Skin assumes a greenish color

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