Sexual Intercourse With Corpse Not Rape, Rules Chhattisgarh HC

The Chhattisgarh High Court recently ruled that sexual intercourse with a deceased person does not qualify as rape under Indian law. The bench, consisting of Chief Justice Ramesh Sinha and Justice Bibhu Dutta Guru, clarified that the provisions of Section 376 of the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences Act (POCSO Act) apply exclusively when the victim is alive, reported Bar and Bench.

In its ruling, the court stated, "There is no doubt that the offence (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 offence of rape was committed with a dead body." The court emphasized, "For convicting an offence under these sections, the victim should be alive."

The judgment was delivered while upholding the acquittal of Neelkanth Nagesh, one of the accused, in a case involving the kidnapping, rape, and murder of a minor. Nagesh was convicted under Section 201 (causing disappearance of evidence) and Section 34 (acts done by several persons in furtherance of common intention). His co-accused, Nitin Yadav, was convicted of rape, kidnapping, and murder and sentenced to life imprisonment.

The prosecution had argued that Nagesh had also engaged in sexual intercourse with the victim's dead body, but the trial court had acquitted him of rape charges under both the IPC and the POCSO Act. They contended that necrophilia violated Article 21 of the Indian Constitution, which guarantees the right to die with dignity, including the treatment of one's body after death.

However, the High Court disagreed with this argument, 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." Nevertheless, the court explained, "But the law as on date has to be applied to the facts of the case, and none of the offences as prayed by the learned counsel for the objector can be imposed upon the appellant."

The court also dismissed the appeal challenging Nagesh’s acquittal on the charge of rape.

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