The Karnataka High Court has held that sexual assault on the dead body of woman will not attract the offence of Rape punishable under Section 376 of Indian Penal Code. It thus acquitted a man of rape charges for committing sexual assault on the dead body of a 21-years-old girl, after murdering her.

The bench of Justices B Veerappa and Venkatesh Naik also recommended that the central government amend the law to ensure that necrophilia would be considered an offence.

The high court was hearing an appeal filed by a man, who had been convicted by a trial court of murdering and raping a 21-year-old in Karnataka’s Tumakuru district in 2015.

Based on the evidence presented by the prosecution, including evidence at the scene of the crime and the injuries inflicted upon the deceased woman, the high court concluded that the murder conviction would stand.

Further, the court pointed out, the accused had not offered any explanation as to why a towel recovered from his house had the victim’s blood on it.

The court then examined the question of whether the act of necrophilia committed upon the dead body would attract a penalty under the IPC.

The court, however, confirmed the rigorous life imprisonment and a fine of ₹ 50,000 for the accused under Section 302 (murder) of the IPC.

"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," the Division Bench of Justices B Veerappa and Venkatesh Naik T said in their judgment.

Citing the examples of several countries, including UK and Canada, where Necrophilia and crime against dead bodies are punishable criminal offences, high court recommended that such provisions be introduced in India.