Necrophilia: Chhattisgarh HC Observes Loophole In Indian Penal Code

Engaging in sexual acts with a deceased person's body, a heinous crime known as necrophilia, is not punishable under Section 376 of the Indian Penal Code (IPC) or the Protection of Children from Sexual Offences (POCSO) Act, the Chhattisgarh High Court has observed.

The court made this observation while upholding the acquittal of Neelu Nagesh, accused of raping a minor's dead body. Although convicted for other crimes, including concealing evidence, Nagesh was acquitted of rape charges as Indian law does not categorize necrophilia as "rape."

"A victim under these sections must be alive for the provisions to apply," stated a bench comprising Chief Justice Ramesh Sinha and Justice Bibhu Dutta Guru. They described necrophilia as a "horrendous crime" but acknowledged the absence of specific legal provisions addressing the act.

This case involved the kidnapping, rape, and murder of a minor, who was sexually assaulted post-mortem. Nagesh's accomplice, Nitin Yadav, was convicted of rape, kidnapping, and murder and sentenced to life imprisonment. Nagesh, however, was sentenced to seven years for related offences under Sections 201 and 34 of the IPC.

The prosecution argued that while the law doesn't define necrophilia as rape, Article 21 of the Constitution ensures the right to dignity even after death. The High Court acknowledged the legal gap but upheld the trial court's decision, emphasizing the need for legislative clarity on such cases.