Sexual intercourse with dead person not rape: Chhattisgarh High Court

Chhattisgarh High Court recently ruled that sexual intercourse with a dead person does not constitute rape under Indian law. A division bench comprising Chief Justice of the high court Ramesh Sinha and Justice Bibhu Dutta Guru delivered this landmark ruling.

The High Court bench observed that section 376 of the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO) Act are applicable only when the victim is alive. Thus, rendering sexual intercourse with a dead person as not equivalent to rape (or non-consensual intercourse) under the Indian law.

However, the bench decreed that the offense (necrophilia) of raping a dead body committed by the accused is no doubt one of the most horrendous crimes one can possibly think of. The court order stated, “But the fact of the matter is that as on date, the said accused cannot be convicted.” since the offense of rape was committed with a dead body.

The verdict came in connection with the recent incident of abduction, rape and murder of a minor. The two accused men were identified as Nitin Yadav and Neel Kanth Nagesh.

Neel Kanth Nagesh was accused of destroying the evidence of the crime committed by Nitin Yadav. The later was convicted of rape, kidnapping, and murder. The trial court sentenced Nitin Yadav to life imprisonment. According to High court's ruling, necrophilia violates Article 21 of the constitution which guarantees the right to die with dignity. This article also guarantees the right to how a person’s body should be treated after death. Hence, the bench upheld the conviction of Yadav for rape.

The court however countered the prosecution stating that there can be no disagreement on the issue that dignity and fair treatment are not only available to a living man but also to a dead body. “But the law as on date has to be applied to the facts of the case, and none of the offenses as prayed by the learned counsel for the objector can be imposed upon the appellant (accused)”, the court has held. The court acquitted Yadav of rape charges, although he was convicted for other crimes.