Karnataka High Court On Sexual Assault On A Dead Body
Judgement Given On : 30/05/2023
Outline
In a significant ruling, the Karnataka High Court has determined that sexual assault on a dead body cannot be classified as “rape” under Section 376 of the Indian Penal Code (IPC). This judgment was delivered in a case where a man was accused of both murdering a 21-year-old girl and sexually assaulting her deceased body. The court emphasized that a dead body cannot be considered a human or person, which is a key factor in distinguishing it from a living victim under the existing legal provisions.
Background
The case involved an individual who was accused of murdering a 21-year-old girl and subsequently engaging in sexual assault on her deceased body. The charges brought against the accused included rape. The Karnataka High Court, while considering the case, referred to Section 376 of the IPC and noted that this section primarily pertains to sexual offenses against living individuals.
Court’s Rationale
The court’s rationale was based on its interpretation of Sections 375 and 377 of the IPC. It argued that these provisions clearly establish that a dead body cannot be classified as a human or person. Therefore, the court concluded that the offenses under Sections 375 or 377 of the IPC, which deal with sexual offenses, do not apply to sexual acts involving deceased bodies.
Additionally, the court highlighted the absence of explicit mention of “dead body” within Section 377 of the IPC, which deals with unnatural offenses. Due to this lack of specificity, the court found it necessary to overturn the conviction under Section 376 of the IPC since the crime did not fall within the scope of the existing legal provisions.
Necrophilia and Psychosexual Disorder
While acknowledging that acts such as necrophilia, which involve sexual activities with a corpse, may be categorized as unnatural offenses, the court pointed out that the IPC’s current provisions do not explicitly address these actions. The court went on to describe necrophilia as a “psychosexual disorder,” a term used in the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV), which classifies it among a group of disorders known as “paraphilias.” This classification includes conditions such as paedophilia, exhibitionism, and sexual masochism.
Respect for the Dignity of a Deceased Body
The High Court referenced a previous Supreme Court ruling in Pt. Parmanand Katara, Advocate vs. Union of India, which emphasized the importance of preserving and respecting the dignity of a deceased human body. While recognizing that acts like necrophilia may be classified as unnatural offenses, the court noted that Section 377 of the IPC does not explicitly mention the term “dead body.” Therefore, it became necessary to overturn the conviction under Section 376 of the IPC, as the offense did not align with the existing legal provisions.
Recommendations for Legal Amendments
The Karnataka High Court recommended that the central government take appropriate measures to amend Section 377 of the IPC. Such amendments should explicitly reference the dead bodies of both men and women, as well as animals. Alternatively, the court proposed the introduction of a separate provision specifically addressing offenses involving deceased women, such as necrophilia or sadism.
The court’s recommendation aligns with legal reforms enacted in several countries, including the United Kingdom, Canada, New Zealand, and South Africa, where specific provisions have been introduced to address offenses involving deceased individuals.
In summary, while the Karnataka High Court did not hold the accused liable for rape in this particular case, it made a notable observation and recommended legislative changes to address such crimes involving deceased bodies in the future.