Amend laws to punish cases of necrophilia, Karnataka HC tells Centre

The bench has also directed the state government to ensure installation of CCTV cameras at mortuaries in all the hospitals within a period of six months

The Karnataka High Court has asked the Union Government to amend the provisions of IPC or to introduce a separate provision, within six months, for the offence against dead women as necrophilia or sadism. A division bench headed by Justice B Veerappa said this while setting aside the order of conviction against a person under IPC section 376 for having sexual intercourse with the body. The bench however confirmed the rigorous life imprisonment and fine for the offence of murder under IPC section 302.

“It is high time for the Central Government in order to maintain right to dignity of the dead person/woman to amend the provisions of Section 377 of IPC should include dead body of any man, woman or animal or to introduce a separate provision as offence against dead woman as necrophilia or sadism as has been done in United Kingdom, Canada, New Zealand and South Africa, to ensure dignity of the dead person including woman,” the bench said, adding that right to life includes right of dead body as contemplated under Article 21 of the Constitution of India.

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In the case at hand, it was the specific contention of the prosecution that the accused, a resident of Golagenahalli of Sira taluk in Tumakuru district, had first murdered the victim and then had sexual intercourse with the body. The trial court and the appellate courts confirmed the conviction for both the offences. The division bench partly allowed the appeal filed by the accused by holding that a rape on the dead body of woman will not attract the offence punishable under the provisions of IPC section 376.

The bench had appointed Nithin Ramesh as amicus curiae to assist the court on the issue of 'necrophilia' as a crime. On the notes submitted by the amicus curiae, the bench observed that in India no specific legislation 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.

The court observed that though it is an unnatural offence, as defined under IPC section 377, the provision under section 377 does not mention about the dead body. “Unfortunately the said provision does not include the term 'dead body'. Thereby most of the crimes against woman on the dead body including hospital mortuaries happening and it can be considered as sadism or necrophilia and there is no offence in the IPC made out to punish such persons who committed sexual intercourse on the dead body of the woman,” the bench said.

Meanwhile, the court has also directed the state government to ensure installation of CCTV cameras in mortuaries at all hospitals within a period of six months. The bench also said that the state shall maintain mortuary services such as hygiene, confidentiality of clinical records, privacy and staff sensitisation.