Bengaluru: The Karnataka High Court has held that sexual assault on the dead body of a woman (necrophilia) will not attract the offence of rape punishable under Section 376 of the Indian Penal Code (IPC).
"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 maintained.
The court also recommended that the Union government to either amend the IPC to bring necrophilia under the definition of the offence of unnatural sex or introduce a new provision in IPC to criminalise necrophilia reports Bar and Bench.
The court thus acquitted a man of rape charges for committing sexual assault on the dead body of a 21- year-old girl, after murdering her. However, it upheld his conviction for murder and confirmed the life imprisonment sentence based on the recovery of a blood-stained weapon and clothes from his house as well as a lack of explanation for incriminating circumstances.
The accused had on June 25, 2015, murdered the girl by slitting her neck and then allegedly raped her. The police had arrested the accused during the investigation and later filed a chargesheet against him. The trial court on appreciation of the evidence had convicted the accused.
The convict in his appeal, contended that the alleged act is nothing but 'necrophilia' and there is no specific provision in IPC punishing the said act, reports LiveLaw.
The prosecution, however, opposed the plea and contended that provisions of Section 375(a) and (c)IPC, i.e., "sexual offences" was amended in 1983 and thereby, rape on a dead body attracts sexual offences and is punishable under Section 376 IPC.
The High Court also directed the state government to ensure CCTV cameras are installed in all government mortuaries and private hospitals to prevent offences against a woman's dead body.
The bench ordered the state to maintain mortuary hygiene, ensure confidentiality and privacy at mortuaries, remove infrastructural barriers and sensitise mortuary staff to handle dead bodies with care.
The court observed that dignity of a human being's dead body must be maintained and respected. It was opined that the state must ensure that such crimes do not happen.
There is no specific legislation enacted in India including under the provisions of the IPC for upholding dignity and protecting the rights of a woman's dead body, the court said.
With these observations, the government was asked to revisit the law and the Court's registrar general was directed to send a copy of the judgment to the central and state governments, reports Bar and Bench.