Necrophilia As A Form Of Sexual Violence - Examining Necrophilia And The Legal Vacuum In Indian Criminal Law

Author: LawSphereX

Category: Criminal Law

Published: 2026-08-23T20:39:59.348343+00:00

Updated: 2026-08-26T17:10:20.204+00:00

NECROPHILIA AS A FORM OF SEXUAL VIOLENCE:

EXAMINING NECROPHILIA AND THE LEGAL VACUUM IN

INDIAN CRIMINAL LAW

Ankita Khamari, P.G. Dept of Law, Sambalpur University, Odisha.

ABSTRACT

Necrophilia sexual acts involving a corpse, remains one of the most disturbing and morally repugnant acts, yet Indian law still does not explicitly criminalize it. Despite the Indian judiciary's recognition of the right to dignity even after death, there is a concerning gap in the legal framework. Recent cases, such as the one from Karnataka where a woman was murdered and later sexually violated, have exposed how this legal vacuum allows perpetrators to evade rape charges if the act occurs post-mortem. The Indian Penal Code, including its updated counterpart the BNS fails to directly address necrophilia, offering only limited provisions like Sections 297 and 301, which deal with the desecration of burial sites and human remains.

Comparatively, countries such as the UK, Canada, New Zealand, and South Africa have recognized necrophilia as a distinct criminal offense and have implemented specific laws to punish such acts. This paper argues for urgent legislative reform in India either through amending existing provisions like Section 377 of the IPC or introducing a new standalone law. Doing so would uphold the constitutional guarantee of dignity, extending it to the deceased. By criminalizing necrophilia explicitly, India can send a strong message that the dignity of individuals must be preserved not only in life but also in death. Such legal recognition is not only a matter of justice but a reflection of the values and ethics of a civilized society. Keywords: Criminal Law, Dignity, Human Rights, Necrophilia, Sexual Offenses.

Introduction: “The dead may be voiceless, but it is our duty as the living to speak up and seek justice in their name. ” The Supreme Court of India recently made a notable remark, stating that engaging in sexual acts with a deceased individual commonly referred to as necrophilia does not legally qualify as rape under existing Indian criminal laws since it is not specifically recognized as a criminal offense. This interpretation stands in contrast to the Court’s earlier pronouncements, which affirm that right to dignity and privacy extends beyond death. The lack of a distinct legal provision addressing necrophilia exposes a significant gap in the Indian criminal justice system, raising pressing concerns about the legal safeguards for preserving the dignity of the dead.

1 In one terrible instance, from Karnataka2, a 21-year-old girl from Karnataka, India, left her home to attend a computer class and never came back. She was ruthlessly killed on the way back by having her neck cut, and her lifeless body was subjected to the terrible act of sexual abuse. The confusing aspect of this case is that the Indian Penal Code contains no provisions addressing the threat of necrophilia, hence the offenders were not found guilty of sexual offences. The facts of this case are the incidents described above. The Sessions Court, which handles criminal cases initially, found the accused guilty of both rape and murder. However, things took an unexpected turn when the accused appealed to the Karnataka High Court. A bench of the High Court confirmed the murder conviction but removed the rape charge, labelling the act as "necrophilia" instead.

This raises a troubling issue, as it suggests that an accused person could avoid a rape conviction if they kill the victim before engaging in sexual acts with the body. Though the accused in this case was finally convicted for the murder and not for rape. The court later recommended that the central government modify Section 377 of the Indian Penal Code to specifically include sexual acts with the bodies of all men, women, and animals, or create a new law that would classify such acts, particularly those involving a dead woman, as necrophilia or sadism. Many countries, including the United Kingdom, Canada, New Zealand, and South Africa, already consider this act illegal and immoral, but 1 Kumar. P. , Rathee. S. , & Gupta. R. (2019). Necrophilia: An Understanding. International Journal of Indian Psychology, 7(2), 607-616.

2 Rangaraju v. State of Karnataka, (2023) MANU/KA/1090/2023.

India does not have a similar law. Necrophilia: Meaning & Origin Necrophilia, which denotes sexual attraction to or sexual actions with corpses, is derived from the Greek words "Philips" (love) and "nekros" (dead body). 3 It is still difficult to ascertain the actual prevalence of necrophilia because of its covert nature and the victims' incapacity to report such activities because they are already deceased. 4 One of the psychosexual illnesses is necrophilia, which is a morbid obsession with the dead, particularly an erotic attraction to corpses. It falls within a group of diseases called "paraphilias," according to the DSM-IV, which also covers behaviours like sexual masochism, exhibitionism, and paedophilia.

In contrast to non-pathological sexual preferences or fancies, such as sporadic bizarre or unconventional fantasies that may not always be considered an illness if they are not acted upon, paraphilia is a disorder characterised by atypical sexual conduct. 5 Necrophilia is recognized as a mental health disorder around the world. Both the WHO and the APA list it as a type of paraphilia, which means it involves unusual or abnormal sexual desires. 6 Aggrawal 7proposed a new classification of necrophilia, outlining 10 different types in order of severity. When we examine the different types of necrophilic behavior, it becomes clear that, like all aspects of human sexuality, it exists on a broad and complex spectrum.

For instance, individuals categorized under Class I necrophilia are not necessarily interested in physical acts with a corpse; rather, they are aroused by the idea or fantasy of death itself. On the other hand, those falling under Class IX exhibit far more dangerous tendencies—they may go so far as to commit murder specifically to engage in sexual acts with the deceased, turning their disturbing fantasies into reality. In contrast again, Class II necrophiles might not always be perceived as threatening or even deviant, depending on the specific circumstances of a case. This wide range of behaviors highlights the nuanced nature of necrophilic tendencies and the importance of context when analyzing such cases. Necrophilia has also appeared in more contemporary history, particularly through its 3 Stein, M. L. , Schlesinger, L. B. , & Pinizzotto, A. J. (2010).

Necrophilia and sexual homicide. Journal of Forensic Sciences, 55(2), 443–446.

4 Petherick, W., & Petherick, N. (2019). Homicide. Elsevier.

5 McManus, M. A., Hargreaves, P., Rainbow, L., & Alison, L. J., (2013), Paraphilias: definition, diagnosis and treatment, 5 Nlm 1, 1.

6 Aggrawal A, (2009) A new classification of necrophilia. J Forensic Leg Med.

7 Ibid 7.

portrayal in mainstream culture, with recognizable characters like Dracula and Hannibal serving as examples. In addition, certain real-life incidents have garnered international attention—most notably the case of Karen Greenlee. 8 In 1979, Greenlee, who was training to become an embalmer in the United States, was convicted for stealing a hearse and committing sexual acts with the body of a 33-year-old man. At that time, necrophilia was not considered a criminal offense under California law, so she was charged only with theft and disrupting a funeral service. Her punishment included a monetary fine and a brief jail term of 11 days.

9 While necrophilia is not a recent phenomenon, modern times offer greater opportunities for public discussion due to two main factors: (a) the increasing sexualization present in society, and (b) growing emotional detachment from violent crimes, largely influenced by the way such acts are depicted in digital media—both fictional and factual. Despite this, the subject remains under-researched and rarely debated, which is notable given the absence of comprehensive legal structures addressing it. 10 The Absence of a Specific Offence of Necrophilia: In a ruling by the Karnataka High Court, it was noted that the accused engaged in sexual intercourse with a dead body. However, the court decided that this could not be classified as rape under Section 375 of the Indian Penal Code (IPC), since the law defines rape as involving a living person, and a dead body does not meet that definition.

The court further stated that since no rape had occurred, Section 376, which deals with punishment for rape, was not applicable. The act was instead described as necrophilia, which means having sexual activity with a corpse. The Indian Penal Code (IPC) safeguards the respect for graves under Section 297 (and Section 301 in the Bharatiya Nyaya Sanhita), focusing mainly on preventing the desecration or illegal entry into burial grounds. 11 Its main aim is to protect the burial site and maintain the dignity of the deceased’s final resting place, not on the act of necrophilia itself. There's no specific provision in the IPC addressing necrophilia as an offense, even though the Supreme

8 Necrophilia: Overview and historical aspects’ (2010) Necrophilia, pp. 25–46.

9 Boureghda SS, Retz W, Philipp-Wiegmann F, Rösler M. A case report of necrophilia--a psychopathological view. J Forensic Leg Med. 2011 Aug;18(6):280-4. 10 Rosman JP, Resnick PJ. Sexual attraction to corpses: a psychiatric review of necrophilia. Bull Am Acad Psychiatry Law. 1989;17(2):153-63.

11 Indian Penal Code, s.297

Court has recognized the right to dignity even after death. Trespassing on a burial ground in the BNS is addressed in Section 30112. This section covers trespassing on burial grounds, places of worship, or other places designated for the performance of funeral rites, as well as any indignity offered to human corpses or disturbance to those attending funeral ceremonies. The penalty for such actions includes imprisonment for up to one year, or a fine, or both. The Transplantation of Human Organs and Tissues Act, 1994 (THOTA): oversees the removal, storage, and use of human organs and tissues for medical treatment. It also aims to stop the buying and selling of organs and tissues. The Act gives a deceased person the right to protect their body from having organs or tissues removed without their own consent or that of their close family members.

However, THOTA does not mention or address necrophilia as a criminal offense. Right to Dignity: The Supreme Court has recognized the right to dignity, even after death, in cases like Parmanand Katara. The Supreme Court in Parmanand Katara13 It was ruled that Article 21 guarantees the right to dignity not only for living individuals but also for the deceased and this was reaffirmed in Ramji Singh and Mujeeb Bhai vs. State of U. P. & ORS 14 In this case, the Allahabad High Court ruled that the right to life extends to the deceased, meaning they should be treated with the same respect they would have been given if they were still alive. The court emphasized that the state must handle dead bodies with dignity and should only conduct a postmortem when it is absolutely necessary.

But this doesn't translate into a criminal offense for necrophilia Again, it was reiterated by Apex court in the case of Ashray Adhikar Abhiyan vs. Union of India the court ruled that even after death, a person’s dignity must be upheld. It also stated that homeless or unidentified individuals have the right to a respectful cremation according to their religious customs. The state has a responsibility to make sure this is carried out properly. The Indian Penal Code (IPC) does not have a specific law that directly makes necrophilia a crime. Although such an act could potentially be seen as an "unnatural sexual offense" under Section 377, which deals with voluntary sexual acts that go against the natural order involving a man, woman, or animal, it does not explicitly mention sexual acts with a dead

12 Bharatiya Nyaya Sanhita, s.301

13 Parmanand Katara vs Union of India is AIR 1989 SC 2039.

14 2010 PIL no- 38985 0f 2004.

body. In the case of Rangaraju Vs. State of Karnataka15 high court of the Karnatak recommended that “It is the high time for the Central Government in order to maintain right to dignity of the dead person/woman to amend the provisions of Section 377 of IPC should include dead body of any men, woman or animal or to introduce a separate provision as offence against dead woman as necrophilia or sadism as has been done in United Kingdom, Canada, New Zealand and South Africa, to ensure dignity of the dead person including woman. ” In another case of Moninder Singh Pandher and Surendra Koli v. State of Uttar Pradesh16 number of skeleton were discovered in the village of Nithari. On suspicion, Delhi police detained Moninder, a wealthy and politically linked businessman, and his servant Surendra Koli for raping, murdering, and having sex with the corpses of children and women.

Despite the fact that they were prosecuted under various provisions of the criminal code, the CBI had a difficult time prosecuting them with necrophilia because they had no explicit statutes. This case was known as the famous Nithari case. The Nithari case of 2006 became one of the most horrifying and widely discussed criminal cases in India. Surinder Koli, a domestic worker in Noida's Nithari area, was found guilty of multiple disappearances and murders of women and children. He, along with Moninder Singh Pandher, lured victims with false promises of employment. After killing them, Koli engaged in necrophilia, dismembered the bodies, and disposed of the remains in plastic bags, dumping them into a nearby drain. The victims included nine girls, two boys, and five adults.

Although others like a gardener, a domestic help, and two drivers lived in the same house, they were treated as witnesses and not arrested. Surinder Koli was sentenced to death, while Moninder Singh Pandher received a 7-year prison term and a fine for his role as an accomplice. Are Other Offenses Applicable? IPC- Section 297 of the Indian Penal Code (IPC) makes it a crime to disrespect a dead body or enter a burial ground with the intention of hurting someone’s feelings or insulting their religion. It says that anyone who trespasses in a place where funeral rites are held or where human remains are kept, or who shows any disrespect to a human corpse, can be punished with jail time of up to one year, a fine, or both. In the Bharatiya Nyaya Sanhita (BNS), this offense is included under Section 301. 17 This section deals with trespassing on burial grounds, places

15 Ibid 3.

162014 16 SCC 494.

17 Bharatiya Nyaya Sanhita, s.301 – Trespassing on burial places-Whoever, with the intention of wounding the feelings of any person, or of insulting the religion of any person or with the knowledge that the feelings of any

of worship, or areas meant for funeral ceremonies. It also covers acts that insult a dead body or disturb people taking part in funeral rites. The punishment under this section is the same— up to one year in prison, a fine, or both. BNS- Section 63 of the BNS, which corresponds to the earlier Section 375 of IPC, deals with the offence of rape. It defines rape as non-consensual sexual intercourse with a woman or any act that falls under the illegal acts specified in this provision. According to Section 2(35) of the BNS, previously Section 10 of the IPC, the term "woman" refers to a female human being of any age. However, this legal definition applies only to living women.

As a result, acts involving sexual intercourse with a deceased woman—commonly referred to as necrophilia—do not fall within the ambit of Section 637 (or the old Section 375) and therefore are not punishable under the corresponding penalty provisions like Section 64 of the BNS (earlier Section 376 of IPC). The Bharatiya Nyaya Sanhita (BNS) contains several provisions that aim to protect the dignity of individuals even after death. For instance, Section 315 makes it a criminal offence to wrongfully take or misuse the property of a deceased person with malicious intent. Section

356 deals with defamation, extending protection to the reputation of the deceased by penalizing

those who publish false and damaging statements about them. Additionally, Section 351 criminalizes threats that involve tarnishing the image or reputation of a deceased person, particularly when such threats are used to intimidate someone connected to them. These laws reflect an effort to uphold the dignity of the dead in specific contexts. However, they do not directly address acts like necrophilia. This gap in the legal framework shows that while Indian law does recognize the need to respect the deceased, it currently lacks provisions to tackle certain disturbing and deviant behaviours. This underscores the urgent need for legal reforms that explicitly criminalize necrophilia and related offences. A person who enters a burial ground without permission or disrespects a dead body can be

punished with imprisonment and/or a fine. However, for this to count as a crime under the law, the act must be done with the intention of hurting someone's emotions or insulting their person are likely to be wounded, or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship or on any place of sepulture, or any place set apart for the performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any human corpse, or causes disturbance to any persons assembled for the performance of funeral ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

religious beliefs. In many cases, such intent may not be present. While entering a burial ground could lead to a charge of necrophilia, Section 297 would only apply if the purpose was to offend someone's religious or emotional sentiments, which may not always be true in such incidents. Overview of Laws on Necrophilia in Different Countries Although necrophilia is a serious and disturbing crime, many countries around the world still do not have specific laws to deal with it. The good news is that some countries— such as the United Kingdom, Canada, New Zealand, and South Africa—have taken steps to criminalize such acts. Here's a brief overview of how these countries address necrophilia: New Zealand: New Zealand does not specifically mention necrophilia in its criminal laws. However, it strongly believes in respecting the dead and has laws to protect human remains.

It is illegal to handle a dead body in an improper or indecent way, whether the body is buried or not. Under Section 150 (11) of the New Zealand Crimes Act, 1961, anyone who neglect a duty related to burial or cremation or done any improper or indecent interference with or offering indignity to a dead human body or remains can face up to two years in prison. 18 Canada: Canada clearly criminalizes necrophilia under its Criminal Code of 1985. Section 18219makes it illegal to treat a dead body in an indecent or disrespectful way. This includes any offensive or improper behaviour toward a corpse, whether or not the body has been buried or the person enters a burial site. The law allows for a punishment of up to five years in prison for such acts. 20 UK: The UK’s Sexual Offences Act, 2003, directly criminalizes necrophilia.

According to Section 7021, it is a crime to knowingly or even negligently have sexual contact with a corpse. If convicted, a person can face up to six months in jail or a fine for minor offences. For more serious offences tried in a higher court, the punishment can go up to two years in prison. 22 South Africa: In South Africa, necrophilia is treated as a very serious crime. Section 14 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 200723, clearly states

18 Ibid 10.

19 Criminal Code of Canada, 1985, s.182(Canada).

20 Ibid.

21 Sexual Offenses Act, 2003, s.70(United Kingdom).

22 Eichinger M, Darjee R. Sexual homicide in Australia and New Zealand: a description of offenders, offences and victims. Psychiatr Psychol Law. 2021 Apr 7;28(6):885-908.

23 Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, s.14(South Africa).

that anyone who intentionally performs a sexual act with a dead body is guilty of an offence. This law directly targets and punishes such acts. 24 Way Forward & Suggestions: India’s legal system has not yet created a specific law to deal with the serious crime of necrophilia. Although Indian courts have worked to protect the dignity of the dead, there is still no clear legal provision in the IPC nor in BNS to punish such acts. As society grows and new kinds of crimes come to light, the law must also evolve to reflect changing moral and ethical standards. Many other countries have already made necrophilia a criminal offence, understanding it as a major violation of human dignity. India should do the same by introducing a law that clearly defines necrophilia as a crime and sets strong punishments for those who commit it.

This would help prevent such offences and reinforce the idea that the right to dignity—guaranteed by the Indian Constitution—belongs to every person, even after death. Such a law should also recognize and protect the privacy and dignity of the deceased, no matter their background or circumstances. The goal should be to ensure respect and justice for all individuals, living or dead. Since there is no specific law for necrophilia in India, it is not clearly addressed in the current legal system, creating a legal gap. The government should consider adding a clear legal provision to deal with necrophilia, as existing laws may not fully cover such acts. There are two possible ways to address this issue: either by amending Section 377 of the Indian Penal Code to clearly include sexual acts involving dead bodies, or by creating a new law that directly makes necrophilia a punishable offense.

It is suggested that the punishment should be up to 10 years in prison—the same as the minimum sentence for rape—along with a fine. India could take guidance from laws in other countries, such as the United Kingdom's Sexual Offences Act of 2003, where necrophilia is clearly defined as a crime under Section 70. Countries like Canada, New Zealand, and South Africa have also passed specific laws banning necrophilia. Conclusion: India’s legal system has so far failed to directly address the disturbing crime of necrophilia. Even though courts in India have taken steps to protect the dignity of the dead, there is still no specific law in the Indian Penal Code that punishes necrophilia. As society 24 Bauer M, Tatschner T, Patzelt D. Digital imaging of the dissection and sexual abuse of a corpse - an exceptional case of necrophilia. Leg Med (Tokyo). 2007 May;9(3):143-6

changes and new types of crimes emerge, the law must also change to keep up with these developments and uphold moral and ethical values. Looking at other countries, we can see that many have already made necrophilia a criminal offence, recognizing it as a serious violation of human dignity. India should take similar action by passing a clear law that defines necrophilia as a separate crime and includes strict punishments for those who commit it. Doing so would not only help prevent such acts but also show that the right to dignity, which is protected by the Indian Constitution, applies to every person even after death. In conclusion, it is important for India to act quickly on this issue. Taking proper legal steps will help the country firmly oppose such disturbing acts and ensure that the rights and dignity of the deceased and their families are protected.