Amend Laws to Punish Rape of Dead Bodies: Karnataka HC Tells Centre
1 year, 6 months ago

Amend Laws to Punish Rape of Dead Bodies: Karnataka HC Tells Centre

News 18  

The High Court of Karnataka has asked the Centre to amend the relevant provisions of the Indian Penal Code or bring in new ones criminalizing and providing for punishment for ‘carnal intercourse’ with corpses. A careful reading of the provisions of Section 375 and 377 of the Indian Penal Code make it clear that the dead body cannot be called as human or person. Therefore, there is no offence committed punishable under Section 376 of the Indian Penal Code,” the Division Bench of Justices B Veerappa and Venkatesh Naik T said in their judgment on May 30. “The central government shall amend the new provision in the IPC with regard to sadism or necrophilia against the person whoever voluntarily has carnal intercourse against the natural including the dead body of the woman, punishable with imprisonment of life or with imprisonment of either description for a term which may extend to 10 years and also shall be liable for fine,” it suggested.

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History of this topic

Sex with Dead Body Not Rape, Rules Chhattisgarh HC
1 day, 3 hours ago

Sex with Dead Body Not Rape, Rules Chhattisgarh HC

Deccan Chronicle  

Bhopal: In a significant verdict, Chhattisgarh high court has held that sexual intercourse with a dead person cannot considered rape under the law. Delivering the judgement in the case, a division bench comprising Chief Justice of the high court Ramesh Sinha and Justice Bibhu Dutta Guru has observed that section 376 of the Indian Penal Code and the Protection of …

'Rape' On A Dead Body 'Horrendous' Act But It Doesn't Amount To An Offence Of Rape: Chhattisgarh High Court
3 days, 6 hours ago

'Rape' On A Dead Body 'Horrendous' Act But It Doesn't Amount To An Offence Of Rape: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court recently observed that raping a dead body is one of the most horrendous acts one can think of, but the same doesn't amount to any offence punishable under rape laws or the POCSO Act. Thereafter, the dead body was taken to a hill with the assistance of co-accused Neelkanth @ Neelu Nagesh and in order to …

Privacy | S.184 BNSS Should Be Amended To Mandate Medical Examination Of Adult Rape Victims By Female Practitioners Only: Karnataka HC
4 months, 3 weeks ago

Privacy | S.184 BNSS Should Be Amended To Mandate Medical Examination Of Adult Rape Victims By Female Practitioners Only: Karnataka HC

Live Law  

The Karnataka High Court has urged the Central Government to amend Section 184 of Bharatiya Nagarik Suraksha Sanhita to provide that adult victims of rape be examined in hospitals by only female doctors, so as to protect their right to privacy. Further it has directed authorities to educate and sensitise all the stakeholders viz., Police officials, Prosecutors, Doctors and other …

‘Unnatural sex by a man with his wife is not rape, absence of consent irrelevant’: MP High Court
7 months, 2 weeks ago

‘Unnatural sex by a man with his wife is not rape, absence of consent irrelevant’: MP High Court

Op India  

The Madhya Pradesh High Court observed that despite ‘Marital rape’ not being recognized as an offence in India, any sexual intercourse, including unnatural sex by a husband with his wife, does not constitute rape, as the wife’s consent is deemed irrelevant in such instances. “…insertion of penis in the anus of a woman has also been included in the definition …

Karnataka High Court Issues Guidelines For Early Detection Of Pregnancy In Minor Rape Survivors, Protecting Their Health & Mental Wellbeing
1 year ago

Karnataka High Court Issues Guidelines For Early Detection Of Pregnancy In Minor Rape Survivors, Protecting Their Health & Mental Wellbeing

Live Law  

The Karnataka High Court has directed that immediately upon registration of a sexual offence under Section 376 of IPC or the POCSO Act, a medical examination of the victim must be made. Most of the time, by the time such a wish is expressed the gestation period would have crossed 24 weeks which is the permissible period under the Medical …

CJI says petitions to criminalise marital rape to be listed in mid-October
1 year, 3 months ago

CJI says petitions to criminalise marital rape to be listed in mid-October

The Hindu  

Chief Justice of India D.Y. “We will list it sometime in mid-October after the Constitution Bench hearings,” Chief Justice Chandrachud addressed senior advocate Indira Jaising and advocate Karuna Nundy, who jointly mentioned the case for urgent listing. “A man is a man; an act is an act; rape is a rape, be it performed by a man the ‘husband’ on …

Nothing Has Improved Even A Decade After Nirbhaya: Jammu & Kashmir High Court Convicts Grandfather Of Raping Toddler
1 year, 4 months ago

Nothing Has Improved Even A Decade After Nirbhaya: Jammu & Kashmir High Court Convicts Grandfather Of Raping Toddler

Live Law  

Upholding the conviction of a man accused of raping his one-year-old granddaughter, the Jammu and Kashmir and Ladakh High Court recently expressed its concern that despite over a decade since the heinous Nirbhaya case, little progress has been made in addressing the increasing crimes against women and children. The case revolved around the brutal rape of a minor child, committed …

Section 377 out, new bill also provides no protection to men against sex assault
1 year, 4 months ago

Section 377 out, new bill also provides no protection to men against sex assault

India Today  

The government introduced a bill in Parliament on Friday seeking to overhaul the Indian Penal Code, a set of laws that define and prescribe punishments for crimes in India. One of the changes proposed is to drop Section 377 of the existing Indian Penal Code. Section 377 of the Indian Penal Code says "Whoever voluntarily has carnal intercourse against the …

Karnataka High Court urges legal reforms on 'Necrophilia': What you need to know
1 year, 6 months ago

Karnataka High Court urges legal reforms on 'Necrophilia': What you need to know

Hindustan Times  

The Karnataka High Court on May 30 acquitted a 22-year-old man accused in a 2015 case of “murdering a 21-year-old woman and engaging in sexual intercourse with her body.” The court cited sections of the Indian Penal Code that do not explicitly address punishment for engaging in “sexual intercourse with a deceased body,” as the law only applies to acts …

Dignity in Death: What's Necrophilia & Why Has K'taka HC Asked Govt to Make it Criminal Offense?
1 year, 6 months ago

Dignity in Death: What's Necrophilia & Why Has K'taka HC Asked Govt to Make it Criminal Offense?

News 18  

In a recent ruling, the Karnataka High Court stated that the act of sexually assaulting the dead body of a woman does not fall within the scope of rape or unnatural offences as defined by the Indian Penal Code. The bench, consisting of Justices B Veerappa and Venkatesh Naik, further recommended that the central government make amendments to the law …

Dignity of Deceased: K'taka HC tells Centre to criminalise necrophilia, sex with dead women
1 year, 6 months ago

Dignity of Deceased: K'taka HC tells Centre to criminalise necrophilia, sex with dead women

Firstpost  

The Karnataka High Court has suggested amending the law to address the issue of rape with dead bodies, emphasizing the need for a separate provision in Section 376 of the Indian Penal Code to include the term “dead body.” This amendment would enable the sentencing of individuals involved in such heinous acts, ensuring life imprisonment for culprits who commit necrophilia …

Amend S.377 IPC To Punish Sexual Intercourse With Dead Bodies: Karnataka High Court Recommends To Centre
1 year, 6 months ago

Amend S.377 IPC To Punish Sexual Intercourse With Dead Bodies: Karnataka High Court Recommends To Centre

Live Law  

The Karnataka High Court has recommended the Central Government to amend the provisions of Indian Penal Code or bring in new one, for criminalising sexual intercourse with dead bodies. A division bench Justice B Veerappa and Justice Venkatesh Naik T observed, “It is the high time for the Central Government in order to maintain right to dignity of the dead …

Supreme Court Quarterly Digest On Indian Penal Code 1960 [ Jan-Mar 2023]
1 year, 7 months ago

Supreme Court Quarterly Digest On Indian Penal Code 1960 [ Jan-Mar 2023]

Live Law  

Penal Code, 1860 - Constitutional Courts can impose fixed term sentence even in cases where death penalty was not proposed - "Even in a case where capital punishment is not imposed or is not proposed, the Constitutional Courts can always exercise the power of imposing a modified or fixed-term sentence by directing that a life sentence, as contemplated by “secondly” …

'Rape A Crime Against Entire Society': Karnataka HC Recommends Death Penalty For Gang-Rape
4 years, 2 months ago

'Rape A Crime Against Entire Society': Karnataka HC Recommends Death Penalty For Gang-Rape

Live Law  

Observing that "though Indian Penal Code was enacted by Act 45 of 1860, and even after lapse of 74 years of independence, still woman is not safe in the hands of rapists/violators of law," the Karnataka High Court has recommended amendment to Section 376D of Indian Penal Code to provide capital punishment for the offence of 'gangrape'. The bench said …

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