Necrophilia and Absence of Specific Law in India
Necrophilia refers to sexual intercourse with a dead human body. It is considered a gross violation of human dignity and morality. However, Indian criminal law does not expressly criminalize necrophilia as a distinct offence. Under the Indian Penal Code, acts involving a corpse are generally prosecuted under Section 297 (BNS u/s 301) (trespass on burial places or indignity to human corpse), which provides comparatively mild punishment (1. Year imprisonment, fine or both ) and does not adequately address the gravity of the act. Similarly, the Bharatiya Nyaya Sanhita also lacks a specific provision. Considering the moral depravity and societal harm involved, there is a pressing need for explicit legislation prescribing strict punishment for necrophilia in India.
Rising cases of Necrophilia all over the world (including India) is a big concern for the legislation and society to deal with it and many countries already have strict laws regarding this offence but India is still waiting for it.
Author: Shivam Tyagi
Legal Expertise in Criminal and Family Laws