Sex with corpse a ‘horrible crime’ but not rape: Chhattisgarh HC

Last update:December 23, 2024, 12:41 p.m. IST

The court pointed out that although Article 21 of the Constitution guarantees dignity and fair treatment to both the living and the dead, Indian law does not recognize necrophilia as rape.

The Chhattisgarh HC observed that for the commission of the offense of rape, the victim must be alive at the time the act is committed. (Shutterstock/Representative image)

The Chhattisgarh High Court has observed that having sexual intercourse with a dead body (necrophilia) is one of the “most gruesome crimes” one can think of, but it does not constitute an offense of “rape” punishable in under the Indian Penal Code. (IPC) or the Prevention of Children from Sexual Offenses (POCSO) Act.

A bench comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru observed that for the commission of the offense of rape, the victim must be alive. Relying on the judgment of the Karnataka High Court in the case of Rangaraju v. State of Karnataka (2023), the court noted: “Indian laws do not consider sexual intercourse with a dead body to be ‘rape’ and an appropriate parameter for convicting the accused under Section 376 of the IPC.”

The court observation comes in a case in which a 9-year-old girl was kidnapped, raped and murdered by the accused, Nitin Yadav. The victim’s body was then carried to a hill, where it was buried. Before burial, co-accused Neelkanth @ Neelu Nagesh committed necrophilia on the victim’s body.

The court held that it was proved that the accused Yadav had strangulated the neck of the victim, which resulted in her death. Subsequently, he had carried the corpse along with the victim’s underwear and slippers to his house and hid the body inside the house. He further noted that thereafter, he met co-accused Neelkanth and informed him about the incident and also sought his help in disposing of the body. This is how they both took the dead body to a hill where the accused Neelkanth raped the body. corpse of the victim, before burying it.

The court, relying on the judgment of the Allahabad High Court, in the case of Surendra Koli v. State of Uttar Pradesh and others, popularly known as the “Nithari Murder Case”, pointed out that Article 21 of the Constitution of India not only provides for the right to live with dignity but also the right to die with dignity. The court noted: “We cannot turn a blind eye to the depredations committed by the accused on the corpses of his victims. The Court laid down the principles of bodily integrity, consent and dignity and also observed that in case of rape on a dead body, these three principles are violated. Even though Indian criminal laws do not recognize ‘necrophilia’ as a crime in itself, the human rights of a deceased person cannot be ignored at the same time. »

The court further said, “rape of a dead body is one of the most gruesome crimes that one can think of but the fact is that as of today the said accused cannot be convicted for the punishable offense under Sections 363, 376(3) of the IPC, Section 6 of the POCSO Act, 2012 and Section 3(2)(v) of the Act, 1989, because the offense of rape was committed with a corpse and in case of conviction for an offense under the aforementioned articles, the victim must be alive.”

In light of these findings, the court dismissed the appeal (against the acquittal of Neelkanth @ Neelu Nagesh) filed by the mother of the minor girl. However, Neelkanth was convicted under Section 201 IPC for causing disappearance of evidence. The court also upheld the conviction of Nitin Yadav, who was convicted by the trial court under Sections 376(3), 363, 302, 201 IPC and 3(2)(v) of the SC Act and ST (prevention of atrocities), 1989.

The court ordered Neelkanth, who was released on bail in February 2024, to surrender and serve the remainder of his sentence for the offense under Section 201 of the IPC.