INTRODUCTION
Necrophilia is a term which is derived from Greek words ‘philios’ which means ‘attraction/love’ and ‘nekros’ which means ‘dead body’. Necrophilia involves a sexual attraction with a dead body. In general, Necrophilia means, “An act engaging in sexual intercourse with a dead body”. It is kind of psychosexual disorder, which is a category of a paraphilias disorder. Necrophilia is also regarded as ‘Necrophilism’ or ‘Necrolagnia’. A Necrophile is an individual who derives sexual pleasures or sexual desires from a dead body or corpse. However, talking about the Necrophilia as a crime, the Bharatiya Nyaya Sanhita, 2023 (previously Indian Penal Code, 1860) does not explicitly provide for the provisions relating to Necrophilia. There is no such provision which talks about Necrophilia as a crime. But, Section 301 of BNS, 2023 (previously Section 297 of IPC, 1860) provides for the provision that criminalizes the desecration or trespassing of graves or buried places. But this provision only focuses on the protection of burial grounds and not regarding the Necrophilia. Section 63 of BNS, 2023 & previously Section 377 of the IPC, 1860 does not apply because; the deceased body cannot be regarded as a person or a human being.
LEGAL STATUS
Talking about the Necrophilia as a crime in Indian legal system, there is not any explicit provision which criminalizes this act. The legal perspective on necrophilia primarily revolves around the moral and ethical values of the society as well as health concerns. The ethical considerations are directly and deeply rooted in the cultural and religious beliefs that emphasize respect for the deceased person. Crime against living persons is punished in the legal system but, when talking about the deceased person’s property or body there are only limited provisions incorporated in the Criminal laws in Indian legal system. These provisions does not talks about the punishment regarding the necrophilia, rather it is dealt within those provisions which are there relating to the dead body only. In India, necrophilia is not explicitly mentioned as a crime in the Criminal laws. However, it is implicitly covered under various provisions concerning the sexual offences and treatment of dead bodies.
Such as:
- Section 298 of BNS, 2023 (previously Section 297 of IPC, 1860): This section provides for the desecration of places of worship and objects that are held sacred by any class of persons, with the intent to insult the religion of any class. The primary object related to such provision is to protect the religious sentiment of the society. Further this section also includes and can be extended to include the treatment of corpses. Because, engaging in necrophilia can be seen as a form of desecration and disrespect to the deceased, potentially invoking this provision.
- Section 377 of IPC, 1860: This section criminalizes “unnatural offenses,” which are defined as sexual acts that are not considered to be natural. Historically, this provision has been used to address acts such as sodomy and bestiality. The main aim of this provision is to cover certain types of sexual acts between living individuals and its application could be argued in cases involving necrophilia, as the act is inherently unnatural and morally reprehensible. But, the Supreme Court in Navtez Singh Johar v. Union of India (2018), has decriminalized this provision.
Further the Bharatiya Nagarik Surasha Sanhita, 2023 (previously the CrPC) provides for the treatment of corpses with dignity and respect. Any violation of these provisions could be prosecuted under various sections that deal with offenses against persons and property. However, the Indian legal system does not explicitly provides for the necrophilia but some of the case laws often discuss the principles of respecting of human remains and the moral and legal implications of the acts is considered grossly immoral. The Indian Courts have clearly emphasized on the importance of treating the human remains with dignity and honor and necrophilia is viewed as a serious violation of these ethical norms.
NECROPHILIA NECESSITY AS CRIME
Necrophilia is a very sensitive and controversial topic often involving emotional and ethical responses due to morality, legality and human dignity. There are many countries that do not have any specific laws governing Necrophilia and India in also one such country. But in many countries Necrophilia is explicitly criminalized under the statutes addressing sexual assault or abuse of corpses. Reasons behind these norms are traced in the societal cultures that seek to protect the sanctity of the deceased person and also prevent the acts that are considered morally or ethically wrong. In many countries Necrophilia is often considered as a serious offence and is punishable by imprisonment or sometimes with some other penalties. The severity of the punishment can depend upon the factors such as the circumstances of the act, the extent of harm caused and the legal interpretation of consent and harm. The societal cultures sometimes reflect broader cultural beliefs about death, sexuality and the treatment of human remains. The only law related to the corpses or dead bodies is Section 301 of BNS, 2023 (previously Section 297 of IPC, 1860) that relates to trespass on burial grounds.
Talking about the Necrophilia as a crime, there are some points which needs to be understood from legal perspective such as:
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- Violation of Bodily Integrity: The primary reason for which necrophilia should be considered as a crime is because it violates the dignity and bodily integrity of the deceased person. In legal system an individual retains a certain rights over their bodies even after their death, and sexual acts with the dead bodies are also seen as violation of these rights. Necrophilia disregards these rights and treats the deceased persons as mere objects of sexual pleasure and gratification.
- Psychological and Societal Impact: Permitting Necrophilia as a crime could have a profound psychological and societal consequences. It may also desensitize individuals to the values of human life and dignity, which can lead to a broader ethical erosion society.
- Impact on Society: Necrophilia is a very sensitive crime and if it the necrophile person is not punished it can result in serious concerns in the society. Such kind of crime creates a bad and negative impact on the society resulting in lasting trauma for those affected.
- Potential for Harm to the Living: Allowing Necrophilia can potentially lead to broader societal harm. It may desensitize individuals to the value of human life and dignity and can erode social norms that uphold the respect and dignity for all individuals whether dead or alive.
- Legal Precedents and Ethical Standards: Across various Countries and its legal system, Necrophilia is recognized as a crime. This legal framework exists to uphold ethical standards and to protect vulnerable populations (including the deceased), and also maintains public order and morality. Criminalizing Necrophilia reinforces these standards and serves as a deterrent against such reprehensive behavior of such persons involved in this crime.
There was a horrifying case from Karnataka Court, a young woman was murdered & raped in the year 2015. In this case, the accused person was found guilty by the Sessions court and was convicted of both murder and rape. But, this case took an unexpected turn when the accused person sought an appeal in the Karnataka High Court. The court further upheld the charge of murder on the accused but dissolved the charge of the rape, stating it as Necrophilia rather than rape. This implies a disturbing state of the society where an accused person can escape from rape conviction if he murders the victim before having sexual intercourse with the body. Reason behind such judgment was, absence of any specific provision relating to Necrophilia.
Necrophilia also found its mention in the famous Nithari serial rape and murder case of 2006. Where the person named Surinder Kohli, the help at the Moninder Singh Pandher’s Noida residence, admitting that he was involved in the killing the minor girls and after that having sex with their dead bodies.
There is one another case form Assam, that in August last year a 23 year old man crept upon a woman taking bath at a stream, the person hacked her to death and then raped her. This was also the case of necrophilia because the act of sexual intercourse was acted upon the dead body.
Drawing upon the distinction between the rape and necrophilia the court stated that: “Rape must be accomplished with a person and not a dead body. It must be accomplished against a person’s will. A dead body cannot give consent to or protest a rape, not it can be in fear of immediate or unlawful bodily injury. The essential requirement of guilt of rape consists in the outrage to the person and feelings of victim of the rape. But a dead body has no feelings of outrage. The sexual intercourse on a dead body is nothing but necrophilia.”
CONCLUSION
While necrophilia is not considered as a crime in Indian legal system but, it is addressed through various provisions of the Criminal laws and statutes, such as the provisions relating to the treatment of the corpses and the societal norms emphasizing respect of the deceased person and his property. Acts of necrophilia is likely to be prosecuted under various relevant sections of the previously IPC and presently the BNS. There are several case laws governing the respect and dignity of the dead person which clearly states that, as likely the deceased person has also the right to being protected of his person and his property. The legal framework provides a basis for addressing the necrophilia through its broader implications on sexual offences and respect for human remains. There are several countries where the necrophilia is specially considered as a crime.
Authored By- Aditya Tripathi, University of Lucknow, Faculty of Law
REFERENCES
Indian Today article
SCC online
The Hindu
Rostrum legal (Necrophilia as a serious concern)
Article by Oxford Human Rights Hub
