sex with deadbody
Querist :
Anonymous
(Querist) 06 December 2010
This query is : Resolved
Dear Experts what section attracts of if somebody sex with deadbody of a women. Is it come under section of Rape or not.
Thanks in advance.
s.subramanian
(Expert) 06 December 2010
Yes. It is not rape but an unnatural offence falling under Sec.377 of IPC.
Arvind Singh Chauhan
(Expert) 06 December 2010
Here I have to know from learned seniors, that in 377 word, man woman or animal are used. No where mentioned they are dead or alive. Here the victim is dead body?
I have heard in some countries this offence is termed as "ABUSE OF CORPSE". I want to know whether "abuse of corpse' has been incorporated under any penal law in India. If Yes please let me know.
Khaleel Ahmed
(Expert) 06 December 2010
I agree with Mr. Arvind. As per my knowledge such offence can not be considered as un natural sex under 377 of IPC.The Delhi High Courts Judgement published in the Hindu have added hereby for information of un natural sex.
NEW DELHI: In a landmark judgment, the Delhi High Court on Thursday struck down the provision of Section 377 of the Indian Penal Code which criminalised consensual sexual acts of adults in private, holding that it violated the fundamental right of life and liberty and the right to equality as guaranteed in the Constitution.
Gays present in the court room hailed the judgment and greeted one another with hugs.
A Division Bench of Justice A.P. Shah and Justice S. Muralidhar in its 105-page order said: “We declare that Section 377 of the IPC, insofar as it criminalises consensual sexual acts of adults in private, is violative of Articles 21 [Right to Protection of Life and Personal Liberty], 14 [Right to Equality before Law] and 15 [Prohibition of Discrimination on Grounds of Religion, Race, Caste, Sex or Place of Birth] of the Constitution.
“We hold that sexual orientation is a ground analogous to sex, and that discrimination on sexual orientation is not permitted under Article 15,” the judgment said.
However, the court clarified that “the provisions of Section 377 will continue to govern non-consensual penile non-vaginal sex and penile non-vaginal sex involving minors.”
The judges also said that by adult they meant “everyone who is 18 years of age and above.”
“A person below 18 would be presumed not to be able to consent to a sexual act,” the judgment said.
The Bench further said that “this clarification will hold till, of course, Parliament chooses to amend the law to effectuate the recommendation of the Law Commission of India in its 172nd Report which, we believe, removes a great deal of confusion.”
The judgment also made it clear that it would not result in re-opening of criminal cases involving Section 377 that had already attained finality.
The verdict came on a PIL plea by Delhi-based non-government organisation Naz Foundation that the Section 377 provision criminalising sexual acts between consenting adults in private violated Articles 14, 15, 19 and 21 of the Constitution. The Foundation works among sex workers in Delhi.
Anish goyal
(Expert) 06 December 2010
I also agree with arvind sir, it will not amount to an offence under section 377. But i don't agree that ratio in Naz foundation case will apply here, as that judgement has decriminalised 377 only to the extent consensual sex between two adults. Here how can a dead body will give consent.
But section 377 will not apply because of reasoning given by arvind sir.
Advocate. Arunagiri
(Expert) 06 December 2010
Even if it is a dead body, it is of a women. So, any unnatural intercourse with (a dead body) a women, 377 will attract.
G. ARAVINTHAN
(Expert) 06 December 2010
Necrophilia, also called thanatophilia, and necrolagnia, is the sexual attraction to corpses.
Although Necrophilia is not explicitly stated in IPC, a necrophiliac may be convicted under the above section in the Indian Penal Code. There have been several allegations by relatives of dead women, that the dead bodies of their kin were defiled in the night by mortuary attendants, but none have been proven
G. ARAVINTHAN
(Expert) 06 December 2010
In some cases, where a woman was alleged to have been raped and murdered and the autopsy surgeon failed to find any signs of rape, the relatives have approached the authorities for a second postmortem. The second postmortem is invariably conducted at a different hospital, often necessitating the deposit of the body overnight at the mortuary of the second hospital. In cases where the second autopsy surgeon finds signs of rape, the defendants have been known to allege that the dead body was defiled by drunk mortuary attendants at night. However, no such allegation has been proven in a court of law
Kirti Kar Tripathi
(Expert) 06 December 2010
very complicated issue. required full debate.
JT Rajasuriya, Chennai
(Expert) 06 December 2010
Definitely it will come under rape under Sec.376 and maybe also classified under Sec.377 for unnatural sex.
Rape will be attracted - as it was without the women's consent and even if she were dead it severely impaired her modesty.
Querist :
Anonymous
(Querist) 07 December 2010
@JT it is carnal intercource against the order of nature, 377 IPC attract.
Parthasarathi Loganathan
(Expert) 08 December 2010
Since the discussions in this thread are very practical and the instances quoted by Mr.Aravinthan need not be ruled out, Section 377 is the only applicable provision to deal such monsters. Law makers should specifically study such instances and make suitable provisions to punish such culprits treating such offenses more than Rape or Murder.
Guest
(Expert) 15 December 2010
I AM NOT AGREE WITH EXPERTS..... its very difficult to say what offence is made out..BUT ITS NOT THE OFFENCE OF SEC 377 IPC. so far as my Opinion is concerned.... if the sex with dead body with the knowledge that the feelings of any person are likely to be wounded committed in the following place is offence punishable under section 297 IPC......
297. Trespassing on burial places, etc---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 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 sculpture, or any place set apart from the performance offuneral 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 withboth.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 06 December 2010
