India: Sexually assaulting dead body ‘cannot be called rape’, rules Karnataka High Court

Sexual assault on a dead body will not be termed as "rape", the High Court of the Indian state of Karnataka has observed. The court referred to Section 376 of the Indian Penal Code (IPC) while saying that a dead body cannot be called a human or person. With this, the court also acquitted a man of rape charges who is accused of murdering a 21-year-old girl and then sexually assaulting her dead body.

The bench was quoted byLive Lawas saying, “A careful reading of the provisions of Sections 375 and 377 of the Indian Penal Code makes it clear that the dead body cannot be called as human or person. Thereby, the provisions of sections 375 or 377 of the Indian Penal Code would not attract.”

Court recommends government to make necrophilia illegal

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The Karnataka High Court clarified that necrophilia, defined as having intercourse with a corpse, was not a punishable offence under current laws while advising the government to enact a law making such acts punishable.

The bench noted, “It can be considered as sadism, necrophilia and there is no offence made out to punish under Section 376 of the Indian Penal Code.”

The court also stated that necrophilia is a "psychosexual disorder" which DSM-IV (Diagnostic and Statistical Manual of Mental Disorders) classifies among a group of disorders called 'paraphilias' including paedophilia, exhibitionism and sexual masochism.

Dignity of dead body must be respected: Court

The High Court referred to a previous ruling by the apex court in Pt. Parmanand Katara, Advocate vs. Union of India, highlighting the importance of maintaining and respecting the dignity of a deceased human body.

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Although acts like necrophilia can be categorised as unnatural offences, as defined under Section 377 of the Indian Penal Code, the court noted that the provision does not explicitly mention the term "dead body".Consequently, the court was compelled to overturn the conviction under Section 376 of the Indian Penal Code, as the offence did not fall within the purview of the existing provisions.

The court thus recommended that the central government take necessary steps to amend Section 377 of the Indian Penal Code. The suggested amendment would include explicit references to the dead bodies of both men and women, as well as animals. Alternatively, the court proposed introducing a separate provision that specifically addresses offences involving deceased women, such as necrophilia or sadism. Several countries, including the United Kingdom, Canada, New Zealand, and South Africa, have already implemented such provisions.

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