Karnataka High Court urges legal reforms on 'Necrophilia': What you need to know

The Karnataka High Court cited sections of the Indian Penal Code (IPC) that do not explicitly address punishment for engaging in “Necrophilic activities”.

The Karnataka High Court on May 30 acquitted a 22-year-old man accused in a 2015 case of “murdering a 21-year-old woman and engaging in sexual intercourse with her body.” The court cited sections of the Indian Penal Code (IPC) that do not explicitly address punishment for engaging in “sexual intercourse with a deceased body,” as the law only applies to acts involving a living person. However, the accused was charged with murder and received a life imprisonment sentence, along with a fine of ₹50,000, under Section 302 (murder) of the IPC.

On May 30, the Karnataka High Court acquitted a man accused of engaging in sexual intercourse with a dead body.(Getty Images/Picture for representation)

This case brings attention to the concept of ‘Necrophilia’, for which Indian criminal laws do not currently provide specific provisions. The high court judges, in response to this case, recommended the introduction of laws addressing sexual intercourse with a dead body. The judges asked the central government to amend the provisions of Section 377 of the IPC to include the bodies of deceased individuals, regardless of gender or whether they are human or animal.

The division bench of justices B Veerappa and Venkatesh Naik T referred to examples from several countries, including the UK and Canada where Necrophilia and crime against dead bodies are punishable criminal offences

What did the judgement say?

"Admittedly, the accused had sexual intercourse on the dead body. Whether it amounts to an offence under Section 375 or Section 377 of the Indian Penal Code? A careful reading of the provisions of Section 375 and 377 of the Indian Penal Code make it clear that the dead body cannot be called as human or person. Thereby, the provisions of sections 375 or 377 of the Indian Penal Code would not attract. Therefore, there is no offence committed punishable under Section 376 of the Indian Penal Code,” said the judgement by high court on May 30 as quoted by news agency PTI.

What is Necrophilia and its characteristics?

Necrophilia refers to the act of a person engaging in sexual intercourse with a corpse. This act is typically driven by a desire for sexual pleasure towards a deceased individual, and such people can be referred to as 'Necrophiliacs.'

The term 'Necrophilia' originates from the Greek words 'Necro' (meaning dead) and 'philia' (meaning love or attraction), ultimately signifying the 'act of love with the dead.'

A journal titled "Sexual attraction to corpses: a psychiatric review of necrophilia," quoted by the National Library of Medicine under the US federal government, states that the authors, who examined 122 cases involving necrophilic acts or fantasies, distinguished genuine necrophilia from pseudonecrophilia. They classified true necrophilia into three types: necrophilic homicide, "regular" necrophilia, and necrophilic fantasy.

The study further highlights that neither psychosis, mental retardation, nor sadism appears to be inherent in necrophilia. The most common motive for necrophilia is the desire for an 'unresisting' and ‘unrejecting’ partner. Necrophiles often select occupations that provide them with access to corpses. However, some necrophiles who have occupational access to corpses still commit homicide.

Some sections of IPC which still cannot penalise Necrophilia

According to a report from Legal Services India, currently, cases of Necrophilia in India are being referred to under the provisions of Section 297 and Section 377. Let's understand what these sections, along with others that are similar say.

Section 297: It deals with ‘trespassing’ on burial grounds with the intention to wound the feelings of an individual or the religious sentiments of a community. Any act that aims to hurt the sentiments of people related to that place is considered an offence.

Section 377: It penalises any voluntary act of carnal intercourse, whether with a man, woman, or animal, that is deemed to be “against the order of nature”. It covers offences involving rape and other unusual sexual acts, imposing penalties accordingly.

Section 375: This section states that a woman who does not physically resist the act of penetration should not be considered as consenting to the sexual activity based solely on that fact.

Section 376: This section describes the punishment for sexual offenses such as rape.

However, neither of these provisions is capable enough to effectively address the offense of ‘necrophiliac activities’ and the individuals involved in such acts.