High Court's necrophilia ruling: Sex with dead body horrendous but not rape
India TodayEngaging in sexual intercourse with a person's dead body is one of the most horrendous acts one can think of, but the offence does not come under Section 376 of the now-shelved Indian Penal Code or under the Protection of Children from Sexual Offences Act, the Chhattisgarh High Court has observed. The High Court made the observation while upholding the acquittal of a man, Neelu Nagesh, who had a case filed against him for raping a minor's dead body even though he was convicted for other offences, Bar and Bench reported. There is no doubt that the offence committed by the accused- Neelkanth alias Neelu Nagesh raping a dead body is one of the most horrendous crimes one can think of," a bench of Chief Justice Ramesh Sinha and Justice Bibhu Dutta Guru said. "But the fact of the matter is that as of date, the said accused cannot be convicted for the offence punishable under Sections 363, 376 of the IPC, Section 6 of the POCSO Act, 2012 and Section 3 of the Act of 1989 as the offence of rape was committed with a dead body.
History of this topic
Sex with Dead Body Not Rape, Rules Chhattisgarh HC
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