Karnataka High Court asks Centre to introduce laws and amend Sections of the IPC addressing Necrophilia activities

While hearing a 2015 case of “murdering a 21-year-old woman and engaging in sexual intercourse with her body”, the Karnataka High Court urged to amend Sections of the Indian Penal Code for engaging in Necrophilia activities. On May 30, 2023, a 22-year-old accused was acquitted of murdering a woman and assaulting her dead body. During the proceedings, it was observed by the Court that the Indian Penal Code does not address punishment for engaging in Necrophilia activities (sexual intercourse with a deceased body). Therefore, the accused was only charged with murder and punished under Section 302 of the IPC with a life imprisonment sentence and a fine of 50,000 rupees. Thus, the concept of Necrophilia activities was brought to the attention, for which no particular provisions were mentioned in the Indian criminal law. In this context, judges of the High Court asked the central government to introduce laws addressing sexual intercourse with a dead body and to amend the provisions of Section 377 of the IPC. The judgment delivered by the Karnataka High Court stated that “Admittedly, the accused had sexual intercourse on the dead body. Whether it amounts to an offence under Section 375 or Section 377 of the Indian Penal Code? A careful reading of the provisions of Section 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.” In addition to this, the HC also highlighted that Sections 297, 377, 375, and 376 of the IPC are not capable of effectively addressing the offence of necrophilia activities.