NECROPHILIA AND THE BOUNDARIES OF HUMAN DIGNITY: A COMPARATIVE AND INTERNATIONAL LEGAL ANALYSIS OF THE CRIMINALIZATION OF SEXUAL ACTS WITH THE DEAD

AUTHOR – ADV. NILESH VITTHAL DAKE, ADVOCATE, P.E.S MODERN LAW COLLEGE, PUNE

BEST CITATION – ADV. NILESH VITTHAL DAKE, NECROPHILIA AND THE BOUNDARIES OF HUMAN DIGNITY: A COMPARATIVE AND INTERNATIONAL LEGAL ANALYSIS OF THE CRIMINALIZATION OF SEXUAL ACTS WITH THE DEAD, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 826-832, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Necrophilia, the act of engaging in sexual activity with a corpse, is a profound violation of human dignity. This article examines the absence of specific legal provisions addressing necrophilia in India under the Indian Penal Code (IPC), 1860, and the Bharatiya Nyaya Sanhita (BNS), 2023. Indian courts rely on inadequate provisions, such as IPC section 297 or BNS section 126, which address indignity to the dead but fail to capture the sexual nature of the offense. This gap undermines justice and the constitutional protection of dignity under Article 21. By comparing Indias approach with jurisdictions like the United Kingdom, United States, Canada, Germany, and South Africa, where explicit laws exist, the article highlights effective legal frameworks. It also explores international obligations under frameworks like the Geneva Conventions, 1949, which mandate respect for the deceased. The article proposes a new BNS provision to criminalize necrophilia, aligning India with global standards and constitutional values. Expanded to approximately 30 pages, this analysis reduces bullet points and numbering, focusing on narrative depth with detailed case studies and comparative insights.