Sexual intercourse with corpse rape or not? Chhattisgarh HC says...
The Chhattisgarh High Court has recently ruled that sexual intercourse with a dead person is not rape under Indian law, Bar and Bench reported. The bench, comprising Chief Justice Ramesh Sinha and Justice Bibhu Dutta Guru, clarified that Section 376 of the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences Act (POCSO Act) apply only when the victim is alive.
Court's explanation on the legal interpretation
The court clarified its ruling, saying, "There is no doubt that the offense (necrophilia) committed by the accused...raping a dead body is one of the most horrendous crimes one can think of but the fact of the matter is that as on date, the said accused cannot be convicted...as the offense of rape was committed with a dead body." "For convicting an offense under these sections, the victim should be alive."
Details of the case and convictions
The court made the observation while upholding the acquittal of a man accused of raping a dead body, although he was convicted for other crimes. The case pertained to two men, Nitin Yadav and Neelkanth Nagesh, who kidnapped, raped, and murdered a minor. Yadav was convicted of rape, kidnapping, and murder and sentenced to life imprisonment. Nagesh was convicted under Section 201 (causing disappearance of evidence) and Section 34 (acts done by several persons in furtherance of common intention).
Court disagrees with prosecution's argument
However, the prosecution argued that Nagesh had also engaged in sexual intercourse with the victim's dead body, but the trial court had acquitted him of the offense of rape under the IPC and the POCSO Act. They argued that necrophilia violates Article 21 of the Constitution, which guarantees the right to die with dignity, and that the right extends to how a person's body is treated after death.
Court upholds acquittal on rape charges
However, the court disagreed, stating, "There can be no disagreement on the issue that dignity and fair treatment are not only available to a living man but also to...dead body." "But the law as on date has to be applied to the facts of the case, and none of the offenses as prayed by the learned counsel for the objector can be imposed upon the appellant," it explained. The court also dismissed the plea challenging Nagesh's acquittal in rape charges.
