Necrophilia And The Legal Framework In India: A Critical Study
- IJLLR Journal
- Apr 26
- 2 min read
Updated: Apr 27
Khushi Yadav, LL.M., (Corporate Law Specialization), Hidayatullah National Law University, Uparwara, Nava Raipur-Atal Nagar, Chhattisgarh-492002
ABSTRACT
The crime of Necrophilia has actually become more prevalent in India over the past fifteen years, not just at mortuaries but also in incidents where individuals are exhuming the dead and even killing for the purpose of raping their bodies. The Karantaka High “Court in the case” of “Rangaraju v. State of Karnataka” made recommendations to the Central Government to amend the provision of the Indian Penal Code or bring a new enactment for Criminalising Necrophilia; nevertheless, the practical impact assessment of these recommendations is currently at zero. At present, the “Bhartiya Nyaya Sanhita 2024,” a new penal law, has been passed by the Parliament, but the legislators have neglected to include this “horrible crime”. One may wonder if India is holding out for another high-profile “Nithari murder case.”
“The judiciary is also compelled by law to acquit the guilty due to the absence of any legal framework by the lawmakers”. The legal status of Necrophilia in India is unanswered and requires urgent attention. This paper offers a comprehensive legal study of "Necrophilia." A transgression that has been largely overlooked in the criminal jurisprudence. This behaviour deviates from accepted norms and is instead classified as a paraphilic disorder, which is characterised as engaging in sexual relations with deceased.
Using a mixed-method approach, this research presents the historical context, classification of necrophilia, forensic and medico-legal aspects, thorough analysis of numerous components, and comparative study of laws across various nations. Additionally, the research offers quantitative methodologies aimed at enhancing the legal framework pertaining to Necrophilia. Overall, this study argues and urges for the necessity to amend and add provisions in “Bhartiya Nyaya Sanhita” to comprehend and address Necrophilia in India.
Keywords: Paraphilia, Necrophilia, Rape, Bhartiya Nyaya Sanhita
