The Chhattisgarh High Court ruled that having sexual intercourse with a dead body, called necrophilia, is a horrible and disgusting act but does not count as rape under the Indian Penal Code (IPC) or the POCSO Act. The Court explained that for the crime of rape, the victim must be alive. Even though the act is deeply unethical, it is not covered under the current rape laws.
Chhattisgarh: The Chhattisgarh High Court stated that engaging in sexual intercourse with a dead body does not qualify as rape under Section 376 of the Indian Penal Code (IPC) or the Protection of Children from Sexual Offences Act (POCSO Act).
A bench comprising Chief Justice Ramesh Sinha and Justice Bibhu Dutta Guru noted that while necrophilia is an extremely heinous act, it does not meet the legal definition of rape as outlined in these laws.
The court clarified,
“Such provisions apply only when the victim is alive.”
They further explained,
“There is no doubt that the offence committed by the accused, Neelkanth @ Neelu Nagesh, i.e., raping a dead body is one of the most horrendous crimes one can think of. But the fact is that, as of now, the accused cannot be convicted for the offences punishable under Sections 363, 376 (3) of the IPC, Section 6 of the POCSO Act, 2012, and Section 3(2)(v) of the Act of 1989, as the offence of rape was committed with a dead body. For convicting an offence under the aforementioned Sections, the victim should be alive.”
This observation was made while the court upheld the acquittal of a man accused of raping a dead body, although he was convicted for other offences.
The Court addressing a plea from two men accused in a case involving the kidnapping, rape, and murder of a minor, who was sexually abused even after her death. The accused, Nitin Yadav and Neelkanth Nagesh, had been convicted of various offences under the IPC and the POCSO Act.
Yadav found guilty of rape, kidnapping, and murder, resulting in a life sentence, while Nagesh was convicted under Section 201 (causing disappearance of evidence) and Section 34 (acts done by several persons with a common intention), receiving a seven-year prison term.
After reviewing the evidence and arguments, the Court concluded that the prosecution had proven the guilt of both men beyond a reasonable doubt, thus upholding their convictions and sentences.
In the same case, Nagesh challenged his conviction based on the claim that he had engaged in sexual intercourse with the victim’s dead body. However, the trial court had acquitted him of rape under the IPC and the POCSO Act. The prosecution argued that while Indian law does not classify sexual intercourse with a dead body as “rape” under Section 376 of the IPC, Article 21 of the Constitution guarantees the right to die with dignity, which extends to the treatment of a deceased person’s body.
The prosecution claimed,
“The learned trial Court has erred in law by acknowledging the fundamental truth that necrophilia constitutes a flagrant infringement upon the rights of the deceased, who are entitled to a dignified funeral.”
However, the Court disagreed, stating that according to the law, rape charges could not be applied to Nagesh.
It explained,
“There can be no disagreement that dignity and fair treatment are not only available to a living person but also extend to their dead body. Every dead body is entitled to respectful treatment, but the law must be applied to the facts of the case. None of the offences sought by the learned counsel for the objector can be imposed upon the appellant, Neelkanth @ Neelu Nagesh.”
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The Court dismissed the plea challenging Nagesh’s acquittal regarding the rape charge, stating,
“Since we have already concurred with the reasons and findings of the learned trial Court, we are not inclined to allow the acquittal appeal filed by the mother of the victim; therefore, it also stands dismissed.”
Advocate Shivendu Pandya represented Nagesh, while Advocate Aman Kesharwani represented Yadav.
Deputy Advocate General Shashank Thakur represented the State of Chhattisgarh, and Advocate Dheeraj K Wankhede represented the victim’s mother.
Necrophilia is a mental condition where a person feels sexually attracted to dead bodies. Though very rare, it is one of the most disturbing and unacceptable behaviors. Necrophilia is seen as deeply immoral and wrong, and it is a crime in many countries. This condition is often linked to mental health problems and is studied by doctors and legal experts.
Case Title: Neelkanth @ Neelu Nagesh v. State of Chhattisgarh
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