pc: kalingatv
In a recent judgment of the Chhattisgarh High Court, the Court held that sexual activity with a dead body is not rape, although it is a “horrible act” in itself. While hearing a case of necrophilia, the High Court recently said that having sex with a dead body is not rape as per the criminal laws in India, according to reports.
The High Court upheld the acquittal of Neelu Nagesh. A case was registered against him for rape of a minor's body (necrophilia). It is also noteworthy that the man had multiple crimes against him and was convicted in multiple cases.
The prosecution further said that while Indian law does not classify sex with a dead body as “rape” under Section 376 of the IPC, Article 21 of the Constitution reserves the right to die with dignity, which a person enjoys after death. Is also related to the treatment of the body.
The Allahabad High Court stated that, “The trial court has committed a legal error in accepting the fundamental truth that necrophilia is a gross violation of the rights of the deceased, who is entitled to a dignified funeral,” and dismissed the petition.
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