Necrophilia As A Form Of Sexual Violence: Examining Necrophilia And The Legal Vacuum In Indian Criminal Law
- IJLLR Journal
- May 1
- 1 min read
Ankita Khamari, P.G. Dept of Law, Sambalpur University, Odisha.
ABSTRACT
Necrophilia sexual acts involving a corpse, remains one of the most disturbing and morally repugnant acts, yet Indian law still does not explicitly criminalize it. Despite the Indian judiciary's recognition of the right to dignity even after death, there is a concerning gap in the legal framework. Recent cases, such as the one from Karnataka where a woman was murdered and later sexually violated, have exposed how this legal vacuum allows perpetrators to evade rape charges if the act occurs post-mortem. The Indian Penal Code, including its updated counterpart the BNS fails to directly address necrophilia, offering only limited provisions like Sections 297 and 301, which deal with the desecration of burial sites and human remains. Comparatively, countries such as the UK, Canada, New Zealand, and South Africa have recognized necrophilia as a distinct criminal offense and have implemented specific laws to punish such acts. This paper argues for urgent legislative reform in India either through amending existing provisions like Section 377 of the IPC or introducing a new standalone law. Doing so would uphold the constitutional guarantee of dignity, extending it to the deceased. By criminalizing necrophilia explicitly, India can send a strong message that the dignity of individuals must be preserved not only in life but also in death. Such legal recognition is not only a matter of justice but a reflection of the values and ethics of a civilized society.
Keywords: Criminal Law, Dignity, Human Rights, Necrophilia, Sexual Offenses.
