In a significant ruling, the Chhattisgarh High Court has held that sexual intercourse with a dead body does not qualify as rape under Indian law. The bench, comprising Chief Justice Ramesh Sinha and Justice Bibhu Dutta Guru, clarified that offenses under Section 376 of the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO) Act apply only when the victim is alive.
The court acknowledged the gravity of necrophilia, calling it “one of the most horrendous crimes one can think of.” However, it emphasized that under the current legal framework, the accused could not be convicted of rape since the act was committed on a deceased person.
Court Disagrees with Prosecution’s Argument
The prosecution argued that necrophilia violates Article 21 of the Constitution, which guarantees the right to die with dignity. They contended that this right extends to the treatment of a person’s body after death and urged the court to recognize the act as a violation of legal provisions.
However, the court maintained that while dignity and fair treatment apply to both the living and the deceased, the law must be interpreted as it stands. Since the IPC and POCSO Act do not specifically criminalize necrophilia under rape provisions, the court upheld the accused’s acquittal on rape charges.
This ruling highlights a legal gap in Indian law regarding necrophilia, raising concerns over the need for specific legislative provisions to address such offenses.
