Court’s order on having sex with dead will not be considered as rape stated by Karnataka high Court! Karnataka High Court Rules Sexual Assault on Dead Body Does Not Constitute Rape

The Karnataka High Court has recently handed down a controversial ruling, stating that sexual assault on the dead body of a woman does not fall under the offense of rape as defined by Section 376 of the Indian Penal Code. The court acquitted a man who had committed sexual assault on the dead body of a 21-year-old girl after murdering her. While the court upheld the conviction for murder and confirmed the life imprisonment sentence, it called for the government to consider amending or enacting a law to punish such acts.

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Legal Analysis,The division bench of Justice B Veerappa and Justice Venkatesh Naik T concluded that the provisions of Sections 375 and 377 of the Indian Penal Code, which deal with sexual offenses, do not apply to a dead body as it cannot be considered a human or a person. The court argued that rape requires the act to be committed against a person’s will, and a dead body cannot give consent or protest. It held that the act in question should be considered as sadism and necrophilia, rather than falling under the purview of rape.

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The court recognized that Indian criminal laws do not explicitly recognize necrophilia as a crime, but it acknowledged that the dignity and rights of the deceased have gained recognition in human rights discourse. The bench highlighted Article 21 of the Constitution of India, which protects the right to life with dignity, including the right to die in a dignified manner and certain post-death rights. It suggested that the act of sexual intercourse with a dead body could be covered under Section 297 of the IPC, which deals with causing indignity to a human corpse, or as an offense of wounding feelings or insulting religion, depending on the intention behind the act.

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Implications and Recommendations, The Karnataka High Court’s ruling has sparked a debate about the need for specific legislation to address crimes against the dead bodies of women. The court recognized the importance of upholding the dignity of the deceased and referenced a Supreme Court judgment emphasizing the need to maintain and respect the dignity of dead bodies. However, it expressed regret that no specific legislation exists in India to protect the rights and dignity of the deceased.

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In light of this case, the court recommended that the central government consider amending Section 377 of the IPC to explicitly include the dead body of any person or animal. Alternatively, it suggested introducing a separate provision to address offenses against dead women, such as necrophilia or sadism, as seen in other countries like the United Kingdom, Canada, New Zealand, and South Africa.

The Karnataka High Court’s decision to exclude sexual assault on a dead body from the offense of rape under Section 376 of the IPC has raised significant legal and ethical questions. While the court upheld the murder conviction in this particular case, it emphasized the need for legislation to protect the dignity and rights of the deceased. The ruling has prompted discussions about the necessity of legal reforms and the importance of respecting the dignity of individuals, even after death. It remains to be seen whether the government will act upon the court’s recommendation to amend the relevant laws in order to address such acts of desecration against dead bodies.