Indian Penal Code Does Not Recognize Necrophilia As An Offence: Supreme Court
On February 04, 2025 (Yesterday), the Supreme Court (SC) was hearing a plea against the Karnataka High Court (HC) order that upheld the conviction of the accused under the offence of murder but acquitted him from charges of rape for having sexual intercourse with the murdered body. The two-judge bench of Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah was hearing the SLP (Special Leave Petition) filed by the Karnataka Government. During the proceedings, Additional Advocate General of Karnataka Aman Panwar, who appeared for the Karnataka Government, argued that the dead body should also be included in the term ‘body’ under Section 375(c) of the IPC. Adding to this, he highlighted the 7th description of the definition of rape, “When she is unable to communicate consent.” He contended that here the dead body would not be able to give consent therefore, it should be considered under an offence of rape. The SC bench refused to entertain the plea and ordered that the Indian Penal Code (IPC) does not recognize necrophilia as an offence; therefore, it was not inclined to interfere with the current case where the accused had sex with the deceased woman’s body after murdering her.
Furthermore, the top Court noted the decision of the Karnataka HC that sexual assault on a woman’s dead body will not attract the offence of rape under Section 376 of the IPC; therefore, acquitting the accused of rape charges. The HC said, “A careful reading of the provisions of Sections 375 and 377 of the Indian Penal Code make 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. Therefore, there is no offence committed punishable under Section 376 of the Indian Penal Code.” Moreover, the HC also pointed out the need for the Parliament to make laws penalizing necrophilia. The operative part of HC’s judgment reads, “It is brought to our notice that most of the government and private hospitals where the dead bodies, especially young woman kept in mortuary the attendant who appointed to guard, have sexual intercourse on the dead body. Thereby it is high time for the State Government to ensure such crime should not happen, thereby maintaining dignity of the dead body of the woman. Unfortunately in India no specific legislation enacted including under the provisions of Indian Penal Code for the purpose of upholding dignity and protecting rights and crime against the dead body of the woman."
It added, "It is high time for the Central Government in order to maintain right to dignity of the dead person/woman to amend the provisions of Section 377 of IPC should include dead body of any men, woman or animal or to introduce a separate provision as offence against dead woman as necrophilia or sadism as has been done in United Kingdom, Canada, New Zealand and South Africa, to ensure dignity of the dead person including woman." Overall, the SC affirmed that the IPC does not recognize necrophilia as an offence.
