Relationship with dead body is not a crime in India, Karnataka HC’s decision sparks debate

Necrophilia And Dignity Of Dead: There are strict laws on the punishment of rape in India, which provide severe punishment to the accused but you will be surprised to know that there is no punishment for Necrophilia. That is, if a predator has sex with a dead body, then he will not be charged with rape or sexual assault. The Karnataka High Court has mentioned this fact in its decision while acquitting the accused of sexual assault with the dead body. Along with this, the court has also started a big debate in this matter by asking the central government about the need for a new law in the country.

Sexual assault on a dead body does not amount to rape or unnatural offense under the Indian Penal Code (IPC), the Karnataka High Court said in its judgment on Tuesday (May 30). After this decision of the court, a debate has started on the right to dignity of human dead body.

What is the whole matter?

In the year 2015, a 21-year-old girl was raped after killing her in Tumakuru district of Karnataka. The sessions court held the accused guilty of murder and rape. An appeal was made against this decision in the High Court, where the Single Bench upheld the decision of the lower court.

The case reached a double bench, the court upheld the charge of murder but acquitted the accused of rape, saying that what he had done came under the category of necrophilia and was not an offense under the IPC.

A bench of Justice B Veerappa and Justice Venkatesh Naik said, unfortunately, there is no law against necrophilia in India. Along with this, he appealed to the Central Government to make changes in the IPC or make a new law to bring necrophilia under the category of crime.

Why relation with dead body is not rape?

Along with the allegation of rape, the court said in its comment that this case would not even come under the category of unnatural offense under 377. The bench said, “A careful reading of sections 375 and 377 of the IPC makes it clear that a dead body cannot be said to be a human being or a person. Therefore, the provisions of sections 375 or 377 will not apply.” “

What is necrophilia?

The term necrophilia is used to describe individuals who engage in sexual activities with dead bodies or have a sexual attraction to dead bodies. Necrophilia can be accompanied by many other gruesome paraphilias. These may include harming others, eating human flesh or eating the flesh of the dead.

The word “necrophilia” is derived from the Greek words “philios” (attraction/love) and “nekros” (dead body). It was used for the first time by the Belgian alienist Joseph Guislain. The term gained popularity in the 19th century.

Necrophilia crime in these countries?

In the UK, any kind of sexual intercourse or inappropriate physical conduct with dead bodies is against the law. Conviction in this case can result in jail term of six months to two years or fine. Laws against necrophilia also exist in Canada, New Zealand and South Africa. In Canada, without using the word necrophilia, it has been said that harming the dignity of a dead body can lead to a maximum sentence of 5 years. There itself. In New Zealand, there is a provision of maximum punishment of 2 years.

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