Rape On Woman’s Dead Body Not Offence Under Section 375 Rules HC

The Karnataka High Court has recently ruled that rape on the dead body of a woman will not attract the offence of rape under Section 375 of the Indian Penal Code.

A Bench comprising Justice B Veerappa and Venkatesh Naik also said that this would not come under the scope of an unnatural offence under Section 377 of the 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 Bench held.

The Bench said that it is high time for the Central Government to make changes to the IPC to make necrophilia an offence. an offence.

The court urged the government to either amend Section 377 of the IPC or introduce a separate penal pavilions to criminalise necrophilia.

"The Central Government is hereby recommended to amend the provisions of the IPC as stated supra in order to protect the dignity of the body of the deceased in order to ensure to protect persons right of life includes right of his dead body as contemplated under Article 21 of the Constitution of India within a period of 6 (six) months from the date of receipt of certified copy of this order," the Bench said.

The court also ordered the state government to ensure CCTV cameras to be installed in all government mortuaries and private hospitals to prevent offences against a woman's dead body.

The state was also ordered to maintain mortuary hygiene, ensure confidentiality and privacy at mortuaries and also remove infrastructural barriers and sensitise the mortuary staff.

The High Court was hearing an appeal against an order of the Sessions Court which convicting a person for offences of murder and rape of a 21-year old woman.

The appellant contended that the murder of the victim was committed first and then the dead body was sexually assaulted. Hence an offence of rape cannot be added, it was also contended.