Bengaluru: In a significant ruling, the Karnataka High Court has stated that raping the dead body of a woman or necrophilia does not fall within the purview of rape or unnatural offences as defined by the Indian Penal Code (IPC).
Consequently, the court acquitted a man accused of committing such an act against a 21-year-old woman.
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However, the high court upheld the lower court’s decision to convict the accused on charges of murder.
A bench comprising Justices B Veerappa and Venkatesh Naik heard the appeal filed by the accused, who had previously been found guilty by a trial court of murdering and raping a young woman in Karnataka’s Tumakuru district in 2015.
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After examining the evidence presented by the prosecution, including the crime scene and the injuries sustained by the deceased, the high court affirmed the conviction for murder.
Notably, the accused failed to provide any explanation for the presence of the victim’s blood on a towel discovered at his residence.
Subsequently, the court deliberated on whether the act of necrophilia committed on the deceased body constituted an offence under Section 375 (rape) or Section 377 (unnatural offence) of the IPC.
After careful consideration, the bench concluded that the dead body could not be legally regarded as a human or a person, rendering those provisions inapplicable.
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Similarly, the court noted that the provisions pertaining to indignity upon a human corpse were specifically related to trespassing into areas designated for funeral rites and therefore did not apply in this case.
Highlighting the significance of upholding the dignity and rights of the deceased, the bench called upon the central government to amend Section 377 of the IPC to explicitly include acts of necrophilia as offences against a dead body.
Alternatively, the court recommended the introduction of a separate provision to address necrophilia or sadism perpetrated against deceased women.
The court also drew attention to other countries, such as the UK, Canada, South Africa, and New Zealand, which have enacted legislation to address necrophilia.
It urged the Indian government to take inspiration from these jurisdictions in formulating appropriate legal measures.
Furthermore, the Karnataka High Court issued several directives to ensure the proper handling of bodies in mortuaries.
It mandated the installation of closed-circuit television cameras (CCTVs) within morgues across the state within six months.
The court also instructed the government to maintain hygiene and privacy, safeguard clinical records and information, and provide sensitization programs for mortuary staff.
This ruling by the Karnataka High Court has sparked discussions regarding the existing legal framework surrounding offences against the deceased and the need to protect the dignity and rights of the dead.
It remains to be seen whether the central government will take steps to amend the relevant laws in response to the court’s recommendations.