Rape on the dead body of a women will not be considered as the rape, this statement is given by the High Court of Karnataka. It was the country shattering statement by the High Court Of Karnataka as they said this crime not comes under the Indian Penal Code or IPC 375 and 377. It might be considered under the IPC 376.
It was the case of a 21 year old girl, which was firstly murdered and then was raped In the district of Tumakuru in the year of 2015. But, you all are thinking that why this 5 year old case is still in trend as then trial was still going on in this case and the earth shattering statement by the High Court of Karnataka has led this news in trending.
The judge of the high court of Karnataka has issued the statement that, “what the man committed was necrophilia, which was not an offence under any provision of the Indian Penal Code (IPC).”
Necrophilia is s a term used to describe a rare and disturbing sexual attraction or fascination towards dead bodies. It refers to a person’s strong desire to engage in sexual activities with corpses. The act is considered highly taboo, morally reprehensible, and illegal in many nations. But according to the judge of the High Court of Karnataka it is may be legal in India.
The Court then issued the statement on the security of the corpses in the Hospitals and the Mourtuaries as they said that, “It is brought to our notice that in most of the government and private hospitals where the dead bodies, especially of young women, are kept in the mortuary, the attendant who is appointed to guard them has sexual intercourse with the dead body.” the court appealed to put up the CCTV cameras in the Mortuaries and hospitals.
The court issued the final statement that, “Rape must be accomplished with a person, not a dead body. It must be accomplished against a person’s will. A dead body cannot consent to or protest a rape, nor can it be in fear of immediate or unlawful bodily injury. The essential of guilt of rape consists in the outrage to the person and feelings of victim of the rape. A dead body has no feelings of outrage. The sexual intercourse on dead body is nothing but necrophilia.”