Necrophilia not an offence under law

SC WAS HEARING AN APPEAL BY THE K'TAKA GOVT AGAINST HC CALL TO ACQUIT AN ACCUSED OF RAPE CHARGES AFTER HE ENGAGED IN SEXUAL INTERCOURSE WITH A CORPSE

- Utkarsh Anand

NEW DELHI: The Supreme Court has held that current penal laws do not allow for the invocation of rape or unnatural offences against a deceased person as it affirmed a Karnataka high court ruling that necrophilia - sexual intercourse with a corpse - is not recognised as an offence.

According to a bench of justices Sudhanshu Dhulia and Ahsanuddin Amanullah, it is for parliament to consider and enact legislation addressing the issue and a court cannot punish someone for an act not recognised as a criminal offence under the existing penal code.

The top court was hearing an appeal by the Karnataka government challenging the high court's decision to acquit an accused of rape charges after he had engaged in sexual intercourse with a woman's body following her murder.

The trial court had convicted the accused for both murder and rape, but the high court ruled in May 2023 that necrophilia did not fall within the scope of either rape or unnatural offences.