The High Court of Karnataka has recommended that the Union government amend the Indian Penal Code (IPC) to bring necrophilia under the definition of offence of unnatural sex or introduce new provision in IPC to make necrophilia as an offence.
- Necrophilia is a term used to describe a sexual attraction or act involving a person engaging in sexual activities with a deceased body
- Referring to laws in the United Kingdom, Canada, New Zealand, and South Africa where necrophilia is an offence, the court said that “unfortunately in India no specific legislation is enacted, including under the provisions of IPC for the purpose of upholding dignity and protecting rights and crime against the dead body of the woman.”
- A Division Bench of High Court set aside the conviction of a person on the charges of rape while pointing out that the act of sexual assault on the dead body cannot be termed as rape under Sections 377 (unnatural sex) and 376 (rape) the IPC.
- Unfortunately these provisions of the IPC do not include the term ‘dead body,’ the Bench said while pointing out that sexual assault on dead bodies does not attract the provision of rape under Section 376 of IPC.
