The Karnataka High Court has ruled that sexual assault on a woman’s corpse does not constitute rape under Section 376 of the Indian Penal Code (IPC). The High Court acquitted a man of rape charges for sexually assaulting a 21-year-old girl’s dead body after murdering her by slitting her throat in the Tumkuru district in June 2015.
The High Court bench comprising Justice B Veerappa and Justice Venkatesh Naik T opined that sexual assault with a dead body is tantamount to sadism and necrophilia but it does not come under the scope of Section 375 and 377 adding that there is no offence made under section 376 of the IPC.
“A careful reading of Sections 375 and 377 of IPC makes it clear that a dead body cannot be called a human or person. Therefore, the provisions of Sections 375 or 377 would not be applicable,” the High Court bench stated.
The bench went on to say, “It is the prosecution’s specific case that the accused first murdered the victim and then had sexual intercourse with the dead body. Thereby, it cannot be considered a sexual or unnatural offence under Sections 375 and 377 of the Indian Penal Code. It is considered as sadism or necrophilia, and there is no offence to prosecute under Section 376 of the Indian Penal Code.”
The bench stated that rape must be committed on a living person, not a dead body. “It must be accomplished against a person’s will. A dead body cannot consent to or protest a rape, nor can it be in fear of immediate and unlawful bodily injury. The essential of guilt of rape consists in the outrage to the person and feelings of outrage,” the court said.
Karnataka High Court recommends the central government to bring law against Necrophilia
The court, however, noted that there is a need for a provision to punish such offences and recommended that the central government makes amendments to the Indian Penal Code and criminalise necrophilia.
“The Central Government is hereby recommended to amend the provisions of the IPC as stated supra in order to protect the dignity of the deceased’s body in order to ensure to protect person’s right of life includes right of his dead body as contemplated under Article 21 of the Constitution of India within a period of 6 (six) months from the date of receipt of certified copy of this order,” the Court said.
In addition, the Court ordered the State government to install CCTV cameras in every government-run mortuaries and private hospitals to prevent crimes against a woman’s dead body.
The State was additionally tasked to maintain mortuary hygiene, ensure confidentiality and privacy at mortuaries, remove infrastructural barriers and sensitise mortuary staff.
Necrophilia
Necrophilia is a paraphilia in which the perpetrator derives pleasure from having sex with the dead. Necrophilia is a “psychosexual disorder” classified as a “paraphilia” by the DSM-IV (Diagnostic and Statistical Manual of Mental Disorders), which includes paedophilia, exhibitionism, and sexual masochism.
Conviction of the accused on murder charges
However, the appellant was found guilty of murder based on the finding of a blood-stained weapon and clothes from his home, as well as a failure to explain incriminating circumstances.
“The evidence on record clearly establishes that, based on the aforesaid circumstances, the prosecution has proven beyond reasonable doubt that the accused is guilty of homicidal death of deceased,” the Court decided.
