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Thursday, March 28, 2024

‘Sexual assault on a dead body not rape’: Karnataka HC rules, also recommends govt to amend the law to criminalise necrophilia

“Sexual assault on a dead body not rape: Karnataka HC rules, also recommends govt to amend the law to criminalise necrophilia”, Opindia, June 1, 2023:

“The Karnataka High Court has ruled that sexual assault on a woman’s corpse does not constitute rape under Section 376 of the Indian Penal Code (IPC). The High Court acquitted a man of rape charges for sexually assaulting a 21-year-old girl’s dead body after murdering her by slitting her throat in the Tumkuru district in June 2015.

The High Court bench comprising Justice B Veerappa and Justice Venkatesh Naik T opined that sexual assault with a dead body is tantamount to sadism and necrophilia but it does not come under the scope of Section 375 and 377 adding that there is no offence made under section 376 of the IPC.

“A careful reading of Sections 375 and 377 of IPC makes it clear that a dead body cannot be called a human or person. Therefore, the provisions of Sections 375 or 377 would not be applicable,” the High Court bench stated….”

Read the full article at Opindia.com

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