In a case that tested the boundaries of legal definitions, the Chhattisgarh High Court has clarified that engaging in sexual acts with a dead body, though abhorrent, does not qualify as rape under current Indian law. The Court’s decision highlighted a glaring gap in legal provisions, leaving such acts outside the scope of Sections 376 of the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO) Act.
The judgment emerged from a case involving the rape, murder, and post-mortem abuse of a minor. While one accused, Nitin Yadav, was convicted of kidnapping, rape, and murder, the second accused, Neelkanth Nagesh, faced a separate charge of necrophilia. The Bench of Chief Justice Ramesh Sinha and Justice Bibhu Dutta Guru upheld Nagesh’s acquittal for rape, reasoning that the law as it stands applies only to victims who are alive.
“There is no doubt that raping a dead body is among the most heinous acts imaginable. However, the current legal framework does not allow for convicting the accused under Sections 363, 376(3) of the IPC, Section 6 of the POCSO Act, or Section 3(2)(v) of the Scheduled Castes and Tribes (Prevention of Atrocities) Act, as these provisions require a living victim,” the Court stated.
The case also raised arguments regarding the dignity owed to the deceased. The prosecution contended that necrophilia violates the fundamental right to die with dignity guaranteed under Article 21 of the Constitution. However, the Court emphasized that while respect for the dead is essential, its decisions must adhere strictly to the law as it is currently framed.
Despite acquitting Nagesh of rape charges, the Court upheld his conviction for other offenses, including evidence tampering, resulting in a seven-year prison sentence. His accomplice, Yadav, received a life sentence for his role in the brutal crime.
The verdict underscores the pressing need for legislative intervention to address acts of necrophilia, which remain outside the scope of India’s existing penal provisions.
