5th June 2023, Mumbai: In a recent ruling, the Karnataka High Court stated that necrophilia, which refers to engaging in sexual intercourse with a corpse, is not a punishable offense under the existing legal framework. The court’s decision came as it examined a case involving a man accused of raping the dead body of a 21-year-old girl whom he had allegedly murdered.
The court justified its stance by referring to Section 376 of the Indian Penal Code (IPC), which does not classify a dead body as a human or person. As a result, the court acquitted the accused of rape charges. According to LiveLaw, the court stated, “A careful reading of the provisions of Sections 375 and 377 of the IPC makes it clear that the dead body cannot be called a human or person. Thereby, the provisions of sections 375 or 377 of the IPC would not attract.”
The Karnataka High Court clarified that necrophilia, although not considered a punishable offense under current laws, should be addressed through legislation. It urged the government to pass a law that specifically criminalizes such acts, emphasizing the need to protect the dignity of the deceased.
The court highlighted the importance of amending Section 377 of the IPC, which deals with unnatural offenses, to explicitly include provisions concerning sexual acts involving dead bodies. It also suggested the introduction of a separate provision to address offenses against deceased individuals, such as necrophilia or sadism. This aligns with existing laws in several other countries, including the UK, Canada, New Zealand, and South Africa.
Furthermore, the Karnataka High Court directed the government to ensure the installation of closed-circuit television (CCTV) cameras in morgues across the state within six months. The court stressed the significance of maintaining hygiene, privacy, and the security of clinical records and information in these facilities. It also called for the sensitization of mortuary staff to handle such cases with appropriate sensitivity and professionalism.
The ruling by the Karnataka High Court has sparked discussions regarding the gaps in existing legislation and the need for comprehensive legal provisions to address offenses related to necrophilia. As the court has called for legislative action, it remains to be seen how the government will respond to ensure that the dignity and respect of the deceased are protected under the law.
Article by PRITESH PATEL