Sexual assault on a dead body is not rape, will not attract Section 376 IPC: Karnataka High Court

The Karnataka High Court has said that a sexual assault on the dead body of a woman will not fall under the offence committed under Section 376 of Indian Penal Code. The High Court has acquitted the convict who was charged with rape charges for committing sexual assault on the dead body of a 21 years old girl.

The bench said “A careful reading of the provisions of Sections 375 and 377 of the Indian Penal Code make it clear that the dead body cannot be called as human or person. Thereby, the provisions of sections 375 or 377 of the Indian Penal Code would not attract," as reported by Live Law.

It added “It is the specific case of the prosecution that, accused first murdered the victim and then had sexual intercourse with the dead body. Thereby, it cannot be held as sexual offences or unnatural offences as defined under Sections 375 and 377 of the Indian Penal Code. It can be considered as sadism, necrophilia and there is no offence made out to punish under Section 376 of the Indian Penal Code.”

The High Court however made an observation and recommended the government to consider amending the law to punish such crimes.