Today, On 4th January, The Supreme Court rejected Karnataka’s plea to classify necrophilia as rape under Section 375 of the IPC. Justices Sudhanshu Dhulia and Ahsanuddin Amanullah stated that making such legal changes is the responsibility of Parliament. The Bench emphasized that courts cannot expand the definition of rape beyond the existing legal framework. Any modification to the law must come through legislative action.
New Delhi: The Supreme Court on Tuesday dismissed an appeal from the Karnataka government contesting a 2023 High Court ruling that stated necrophilia (sexual acts on a deceased woman’s body) does not constitute rape under Section 375 of the Indian Penal Code (IPC).
A Bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah remarked that it is the responsibility of Parliament to review the issue and make any necessary legislative changes.
The Court suggested that the State could present its views to Parliament.
In this case, the accused killed a 21-year-old woman and then had sexual relations with her dead body. The trial court had convicted him of both murder under Section 302 of the IPC and rape under Section 375.
However, the High Court, in May 2023, ruled that necrophilia does not fall within the definitions of rape under Section 375 or unnatural offenses under Section 377 of the IPC.
The High Court stated,
“A careful reading of Sections 375 and 377 of IPC makes it clear that a dead body cannot be called a human or person. Therefore, the provisions of Section 375 or 377 would not be attracted.”
The Court further urged the Central government to amend the IPC to explicitly criminalize necrophilia, suggesting either changes to Section 377 or the introduction of a new penal provision.
Consequently, the High Court acquitted the man of the rape charge under Section 375 IPC but upheld his murder conviction. The Karnataka government then appealed to the Supreme Court to challenge the acquittal for rape.
Advocate Aman Panwar, representing the State, argued that Section 375 should encompass sexual acts involving a dead body, as a deceased person cannot provide consent. He contended that the term “body” in Section 375(c) should include “dead body” and that the seventh description of Section 375, which covers situations where a woman is unable to communicate consent, should also apply to a deceased individual.
Panwar cited the 1995 Supreme Court decision in Pt. Paramanand Katara Vs. Union of India, which affirmed that the right to dignity and fair treatment extends to dead bodies. He also referenced international cases, including the Supreme Court of Tennessee’s decision in State v. Brobeck, where similar laws have been interpreted to include dead bodies within the scope of rape.
However, the Supreme Court opted not to intervene in the matter.
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: State of Karnataka v. Rangaraju @ Vajapeyi v