Necrophilia is not rape

• Supreme Court upholds Karnataka High Court verdict

• Parliament may consider legal amendments if necessary

New Delhi – In a significant ruling, the Supreme Court refused to classify Necrophilia (the perverse act of engaging in sexual relations with a dead body) as rape. The Court stated that such acts do not fall under the purview of Section 375 of the Bharatiya Nyaya Sanhita (BNS). Dismissing Karnataka Government’s plea, the Supreme Court upheld the decision of the Karnataka High Court.

SC on Necrophilia: Sexual intercourse with a woman’s dead body is not rape; suggests that the Parliament examine and amend the law if necessary

SC upholds the ruling of the Karnataka HC

PC: @LawChakra pic.twitter.com/PQkL9qcWsh

— Sanatan Prabhat (@SanatanPrabhat) February 6, 2025

A bench comprising Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah emphasised that it is Parliament’s responsibility to examine this issue and introduce any necessary legal amendments.

The Court remarked, “The law does not recognise Necrophilia as a crime. Therefore, we cannot intervene in the Karnataka High Court’s order acquitting the accused of raping a woman’s dead body.”

Karnataka Government’s argument

Representing the Karnataka Government, Additional Solicitor General Aman Panwar argued that the term “body” in Section 375(c) of the BNS should also include a dead body. He pointed out that the seventh clause of the definition of rape states that if a woman is incapable of giving consent, the act should be deemed as rape. Since a deceased individual cannot provide consent, the same principle should apply in this case.

Panwar further contended that the Court should interpret Section 375 broadly to include dead bodies. He cited the 1995 Supreme Court judgment in the Pandit Parmanand Katara vs Union of India case, which emphasised the right of dead bodies to dignity and respectful treatment. However, the Supreme Court bench did not find the arguments compelling and dismissed the Karnataka Government’s plea.

Case background

The case involved the murder of a 21-year-old woman in Karnataka. After killing her, the accused engaged in sexual acts with her dead body. A lower Court had found the accused guilty under Section 302 (murder) and Section 375 (rape) of the BNS.

The matter later reached the High Court, which in May 2023 ruled that Necrophilia does not fall under the scope of either Section 375 (rape) or Section 377 (unnatural offenses) of the BNS. While the High Court upheld the murder conviction, it acquitted the accused of rape charges.

The Karnataka Government had appealed to the Supreme Court challenging the High Court’s decision to acquit the accused of rape charges.