Raping Dead Body Horrendous Offence, But Does Not Constitute Rape: Chhattisgarh HC Rules On Necrophilia

The Chhattisgarh High Court in a recent order observed that engaging in sexual intercourse with a dead body does not amount to rape. A bench of Chief Justice Ramesh Sinha and Justice Bibhu Dutta Guru noted that though "raping a dead body" is one of the most "horrendous" offence once can think of, but it does not constitute rape as per the sections of the Indian Penal Code and Prevention of Children from Sexual Offences Act. raping a dead body is one of the most horrendous crimes one can think of but the fact of the matter is that as on 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," the bench said. The order from the Chhattisgarh High Court came during a hearing where the court upheld the acquittal of one of the accused, Neelu Nagesh, on charges of rape for engaging in sexual intercourse with the minor's dead body. 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," the HC bench ruled.