Karnataka HC acquits murder convict of rape charges, recommends Centre amend law to include necrophilia

The bench of Justices B Veerappa and Venkatesh Naik also recommended that the central government amend the law to ensure that necrophilia would be considered an offence.

The high court was hearing an appeal filed by a man, who had been convicted by a trial court of murdering and raping a 21-year-old in Karnataka’s Tumakuru district in 2015.

Based on the evidence presented by the prosecution, including evidence at the scene of the crime and the injuries inflicted upon the deceased woman, the high court concluded that the murder conviction would stand.

Further, the court pointed out, the accused had not offered any explanation as to why a towel recovered from his house had the victim’s blood on it.

The court then examined the question of whether the act of necrophilia committed upon the dead body would attract a penalty under the IPC.

“Whether it amounts to an offence under Section 375 (rape) or Section 377 (unnatural offence) of the Indian Penal Code…. a careful reading makes it clear that the dead body cannot be called as human or person.

Thereby the provisions would not attract,” the bench noted. Neither would provisions relating to indignity upon a human corpse apply as those were specifically related to trespass into an area set aside for funeral rites, the court further observed.

Noting the importance of the dignity of the dead and their rights, the bench said, “It is high time that the central government, in order to maintain right to dignity of the dead person, to amend the provision of Section 377 of IPC to include dead body….or to introduce a separate provision as offence against dead woman as necrophilia or sadism….”

The bench also noted that several countries, namely the UK, Canada, South Africa and New Zealand, had such provisions to deal with necrophilia.

The court also ordered the installation of CCTVs in Karnataka morgues within six months and directed the government to maintain hygiene and privacy, ensure the security of clinical records and information, and sensitise mortuary staff.