New Delhi: The Supreme Court on Tuesday refused to entertain a plea by the Karnataka government challenging an order delivered by the Karnataka High Court in May 2023, declining to consider necrophilia as rape.
The matter came up before a bench comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah. The bench did not accept the contention of the state government that Section 375 of the IPC should be read so as to incorporate rape with a corpse as an offence since a dead person can't give consent. Citing the apex court judgment in Pt Parmanand Katara Vs Union of India, the counsel stressed that the right to dignity and fair treatment should be extended to the dead bodies too.
The apex court said that it is for the Parliament to examine the issue and the Parliament will decide whether relevant changes, if necessary, were required to be made to the law. The apex court said the state government can make necessary representation to the parliament.
In the present case, the accused, a resident of Golagenahalli of Sira taluk had murdered the victim and then had sexual intercourse with the body. The high court upheld the conviction of the accused for murder but acquitted him of rape charges. The prosecution had argued before the high court that the accused first murdered the victim and then had sexual intercourse with the dead body. The high court had said that it cannot be held as sexual offences or unnatural offences as defined under Sections 375 and 377 of the Indian Penal Code.
