Sexual Intercourse with Dead Bodies: Karnataka HC recommends Govt of India amend/enact law to punish necrophilia
June 4, 2026
  • Read Ecopy
  • Circulation
  • Advertise
  • Careers
  • About Us
  • Contact Us
Android AppiPhone AppArattai
Organiser
  • ‌
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Europe
    • North America
    • South America
    • Africa
    • Australia
  • Editorial
  • International
  • Opinion
  • RSS @ 100
  • More
    • Op Sindoor
    • Analysis
    • Sports
    • Defence
    • Politics
    • Business
    • Economy
    • Culture
    • Special Report
    • Sci & Tech
    • Entertainment
    • G20
    • Azadi Ka Amrit Mahotsav
    • Vocal4Local
    • Web Stories
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Law
    • Health
    • Obituary
  • Subscribe
    • Subscribe Print Edition
    • Subscribe Ecopy
    • Read Ecopy
  • ‌
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Europe
    • North America
    • South America
    • Africa
    • Australia
  • Editorial
  • International
  • Opinion
  • RSS @ 100
  • More
    • Op Sindoor
    • Analysis
    • Sports
    • Defence
    • Politics
    • Business
    • Economy
    • Culture
    • Special Report
    • Sci & Tech
    • Entertainment
    • G20
    • Azadi Ka Amrit Mahotsav
    • Vocal4Local
    • Web Stories
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Law
    • Health
    • Obituary
  • Subscribe
    • Subscribe Print Edition
    • Subscribe Ecopy
    • Read Ecopy
Organiser
  • Home
  • Bharat
  • World
  • Operation Sindoor
  • Editorial
  • Analysis
  • Opinion
  • Culture
  • Defence
  • International Edition
  • RSS @ 100
  • Magazine
  • Read Ecopy
Home Bharat

Sexual Intercourse with Dead Bodies: Karnataka HC recommends Govt of India amend/enact law to punish necrophilia

The Karnataka High Court was hearing an appeal against the trial court’s ruling convicting the accused to life imprisonment in a 2015 murder/rape case. It was contended that the convict first murdered the victim and then raped her

ShreeyashShreeyash
Jun 8, 2023, 07:15 pm IST
in Bharat, Karnataka
Follow on Google News
Necrophilia, Rape, Murder

A Representative Image

FacebookTwitterWhatsAppTelegramEmail

On May 30, the Karnataka High Court recommended that the Government of India amend Section 377 (Unnatural Offences) of the Indian Penal Code (IPC) to include the dead body of any man, woman or animal in order to maintain the right to dignity of the deceased.

The court further recommended the government introduce a separate provision – necrophilia or sadism – as an offence against the deceased as has been done in the United Kingdom, Canada, New Zealand and South Africa.

The court said, “It is the high time for the Central Government in order to maintain right to dignity of the dead person/woman to amend the provisions of Section 377 of IPC should include dead body of any men, woman or animal or to introduce a separate provision as offence against dead woman as necrophilia or sadism as has been done in United Kingdom, Canada, New Zealand and South Africa, to ensure dignity of the dead person including woman.”

The court also recommended that such provisions concerning necrophilia and sadism must be punishable with “imprisonment of life or with imprisonment of either description for a term which may extend to ten years and also shall be liable for fine.”

Background

The Karnataka High Court was hearing an appeal against the trial court’s ruling convicting the accused to life imprisonment in a 2015 murder/rape case. It was contended that the convict first murdered the victim and then raped her.

The court set aside the conviction imposed u/s 376 of the IPC; however, the court upheld the conviction for murder confirming the trial court’s ruling imposing imprisonment for life. The court said, “A careful reading of the provisions of Sections 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.”

The court noted, “It is the specific case of the prosecution that, accused first murdered the victim and then had sexual intercourse with the dead body. Thereby, it cannot be held as sexual offences or unnatural offences as defined under Sections 375 and 377 of the Indian Penal Code.” The court added, “Thereby, it cannot be termed as rape punishable under Section 376 of the Indian Penal Code. Utmost it can be considered as sadism, necrophilia and there is no offence made out to punish under Section 376 of the Indian Penal Code.”

Accused of the Hubbali rape and murder case
Bharat

Hubbali Shocker: Rape and murder accused of five-year-old girl shot dead in police encounter

The arrested accused Salman Khan (Image Source: X)
Bharat

Rajasthan Love Jihad: Police arrests Salman Khan for raping & blackmailing woman with fake Hindu name

Accused Yusuf Salim Hazat (Right), arrested by the police for allegedly raping and murdering a 2-year-old girl
Bharat

Surat: Death penalty to Yusuf Salim Hazat who raped, murdered 2-year-old daughter of his friend

A Representative Image
Bharat

Aligarh: POCSO Court sentenced Mohammad Hassan to 20 years in jail for raping his 13-year-old adoptive daughter

The protestors raising slogans against the administration, demanding action against the culprits, Image: Dainik Bhaskar
Bharat

Rajasthan: Girl called friend to her place, and handed over to 3 male friends who gang-raped and killed her

The court said, “Rape must be accomplished with a person, not a dead body. It must be accomplished against a person’s will. A dead body cannot consent to or protest a rape, nor can it be in fear of immediate and unlawful bodily injury. The essential of guilt of rape consists in the outrage to the person and feelings of victim of the rape. A dead body has no feelings of outrage.”

“Unfortunately the said provision does not include the term ‘dead body’. Thereby most of the crimes against woman on the dead body including hospital mortuaries happening and it can be considered as sadism or necrophilia and there is no offence in the IPC made out to punish such persons who committed sexual intercourse on the dead body of the woman. Therefore the provisions of Section 376 of IPC would not attract,” the court said.

The court further said that the trial erroneously convicted the accused u/s 376 of the IPC, in the absence of a provision for the same. The court said, “The said material aspect has not been considered by the learned Sessions Judge, thereby erroneously convicted the accused under the provisions of Section 376 of IPC in the absence of any provision attracting the offence under the provisions of Indian Penal Code.”

The court on the convict’s murder conviction said, “The prosecution has proved beyond reasonable doubt that accused is guilt of homicidal death of deceased and the evidence on record is consistent only with the hypothesis of the guilt of accused, that it is to say, the facts established are not explainable on any other hypothesis except that the accused is guilty…The circumstances are conclusive in nature and they exclude every possible hypothesis except the involvement of the accused in the homicidal death of the deceased.”

“Further, the chain of evidence is so complete not leaving any reasonable ground for the conclusion consistent with the innocence of the accused and it is shown that in all human probability, the act is done by the accused,” the court said.

Topics: Karnataka High Court RecommendationsKarnataka High CourtGovernment of IndiaIndian Penal CodeNecrophiliaSex with Dead BodiesSexual Intercourse with Dead BodiesMurder & Rape
Shreeyash
Shreeyash
Shreeyash Mittal is a Delhi-based Advocate and Principal Associate (Corporate Law) at K&Co. Advocates & Legal Consultants, a Noida-based law firm. [Read more]
ShareTweetSendShareSend
✮ Subscribe Organiser YouTube Channel. ✮
✮ Join Organiser's WhatsApp channel for Nationalist views beyond the news. ✮
Previous News

India’s focus right now in Afghanistan is more on helping Afghan people, less political: S Jaishankar

Next News

Rajasthan: Imran attacked a 65-year-old Hindu man saying, “Have come from Masjid and will chop your head”

Related News

Karnataka High Court issues notice to Siddaramaiah govt over delay in Gruhalakshmi payments

Karnataka government revokes ban on Hijab

Karnataka revokes Hijab ban in schools, opposes saffron shawls: BJP slams Siddaramaiah govt over appeasement politics

NIA court convicts Mohammed Sharik in cooker bomb blast case

Karnataka: NIA court convicts Mohammed Sharik in cooker bomb blast case; 10-year rigorous imprisonment awarded

(Left) Slain BJP leader Yogesh Gowda (Right) Congress MLA Vinay Kulkarni convicted in murder case of BJP leader

Karnataka: Congress MLA Vinay Kulkarni convicted in BJP leader Yogesh Gowda murder case

PIL Challenging Vande Mataram Advisory Dismissed by Karnataka HC

Karnataka High Court dismisses PIL against MHA advisory on ‘Vande Mataram’ in schools

Supreme Court on SC Status: Convert, then lose the caste status

Load More

Latest News

Firhad Hakim Seeks Resignation as Kolkata Mayor Amid Growing Crisis in Mamata Banerjee's TMC

Another Shock for TMC? Mamata Banerjee’s trusted lieutenant Firhad Hakim seeks to quit as Mayor amid crisis

TCS Nashik Case: Former AIMIM MP Imtiaz Jaleel Mentioned in 1,500-Page Chargesheet; Admits Meeting Nida Khan’s Family

TCS Corporate Jihad Case: Imtiaz Jaleel met Nida Khan’s family while she was absconding, says 1,500-page chargesheet

PM Modi to Overtake Nehru as India's Longest-Serving Elected Prime Minister on June 10

PM Modi set to surpass Nehru’s record, become India’s longest-serving elected Prime Minister

A representative image

West Bengal Joins Ayushman Bharat: CM Suvendu Adhikari announces coverage for 1.36 crore families

Representatives of the Hindu Janajagruti Samiti, advocates associated with the case, and the complainant address a press conference in Pune regarding allegations of religious conversion pressure and workplace harassment at Wipro Technologies.

After TCS, another Corporate Jihad: Hindu employee alleges Shahina pressured to convert, HR Zeeshan forced resignation

(Left) Nivedita Menon (Right) Arfa Khanum

Podcast Storm: Nivedita Menon & Arfa Khanum slammed for remarks on ‘Love Jihad’ and Hindu women

Operation Delta Hunt: Gujarat Police arrests 362 illegal Bangladeshis, investigates wider network

Operation Delta Hunt: Gujarat Police arrest 362 illegal Bangladeshi nationals during thes crackdown 72-hour

Bangladesh’s reported JF-17 push has triggered fresh scrutiny after India’s Ops Sindoor exposed the vulnerabilities of Pakistani-Chinese defence systems and precision strike capabilities

Shadows of Operation Sindoor: Questions loom over Bangladesh’s JF-17 ambitions amid Sino-Pakistani tech vulnerabilities

B. Nagendra, Congress MLA and former minister in Karnataka

Karnataka: CBI files chargesheets against Nagendra, Congress leader, ex-minister, 29 others in Valmiki Corporation scam

Representative Image (This is an AI generated image)

From Class 10 to Ayurvedic Doctor: Central Sanskrit University unveils new pathway to BAMS

Load More
  • Privacy
  • Terms
  • Cookie Policy
  • Refund and Cancellation
  • Delivery and Shipping

© Bharat Prakashan (Delhi) Limited.
Tech-enabled by Ananthapuri Technologies

  • Home
  • Search Organiser
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Africa
    • North America
    • South America
    • Europe
    • Australia
  • Editorial
  • Operation Sindoor
  • Opinion
  • Analysis
  • Defence
  • Culture
  • Sports
  • Business
  • RSS @ 100
  • Entertainment
  • More ..
    • Sci & Tech
    • Vocal4Local
    • Special Report
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Health
    • Politics
    • Law
    • Economy
    • Obituary
  • Subscribe Magazine
  • Read Ecopy
  • Advertise
  • Circulation
  • Careers
  • About Us
  • Contact Us
  • Policies & Terms
    • Privacy Policy
    • Cookie Policy
    • Refund and Cancellation
    • Terms of Use

© Bharat Prakashan (Delhi) Limited.
Tech-enabled by Ananthapuri Technologies