Chhattisgarh HC rules rape of dead body not punishable under existing rape laws, emphasises need for legislative change [Read Judgment]

Chhattisgarh: The Chhattisgarh High Court has delivered a significant judgment holding that while raping a dead body is one of the most horrendous crimes imaginable, current laws do not allow prosecution under rape laws or POCSO Act as the victim must be alive for such charges.

Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru addressed the case involving the rape and murder of a 9-year-old girl, whose body was subsequently raped before burial.

Chhattisgarh HC Highlights Legislative Gap in Criminal Law on Necrophilia

The court dealt with three connected appeals – two by the convicted accused and one by the victim’s mother challenging partial acquittal of one accused. The court noted, “There is no doubt that the offence committed by the accused-Neelkanth @ Neelu Nagesh i.e. 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(3) of the IPC, Section 6 of the POCSO Act, 2012 and Section 3(2)(v) of the Act of 1989 as the offence of rape was committed with a dead body.”

Addressing the legal framework, the court observed that while every dead body is entitled to respectful treatment and dignity extends beyond death, current laws must be applied as they stand. The bench emphasized, “For convicting an offence under the aforementioned Sections, the victim should be alive.”

Court Emphasizes Need for Legal Reforms to Address Crimes Against Deceased

The court upheld the conviction of Nitin Yadav for rape, murder and other charges, sentencing him to life imprisonment. It also sustained Neelkanth’s conviction only under Section 201 IPC for causing disappearance of evidence.

Also Read -  SC refuses to entertain PIL for bringing political parties under POSH Act

The judgment highlighted a significant gap in Indian criminal law regarding necrophilia, with the court noting that while such acts violate human dignity, specific legislation would be needed to criminalize them under rape laws.

The victim’s mother had challenged Neelkanth’s acquittal of rape charges, arguing that Article 21 rights to dignity extend to the dead.

However, the court held that without specific statutory provisions, it could not extend rape laws to acts committed on deceased victims.

The court directed both convicts to serve their respective sentences, with Neelkanth ordered to surrender within 15 days.

For Appellants: Mr. Shivendu Pandya, Mr. Aman Kesharwani,

Also Read -  POSH to be implemented uniformly across country: SC

Advocates For State: Mr. Shashank Thakur, Deputy Advocate General

For Victim’s Mother: Mr. Dheeraj K. Wankhede, Advocate

Case title: Neelkanth @ Neelu Nagesh vs State of Chhattisgarh

[Read Judgment]