UNNATURAL OFFENCES IN PREVIEW OF NECROPHILIA
The term necrophilia, derived from the Greek words nekros (corpse, dead body) and philia (love, friendship) means sexual gratification by having sexual intercourse with the dead and is known to be one of the weirdest, most bizarre and revolting practices of abnormal and perverse sensuality. Usually the corpses used for sexual purposes are not fresh but rather dug up from graves in a putrefied or mummified condition. Necrophilia is generally seen in males and it is possible for a necrophile to have normal sexual relations with living beings.
In many nations and jurisdictions, there are no specific laws against sexual intercourse with a corpse. Thus any necrophiles who are caught have to be charged under related laws, such as “disturbing the peace of the dead,” “defiling a dead body,” “disturbing law and order,” and “hurting sentiments of relatives.” An interesting situation may arise if a fresh corpse is found in the possession of a necrophile and sexual intercourse is proved. In such a case, the prosecution may try to prove that sexual intercourse was performed on the woman during life, and the woman was perhaps killed later. This would bring a more grave charge of rape and murder upon the offender. Since having intercourse with a dead woman is not rape, the defense would try proving it was a case of sexual
intercourse after the woman’s death, making it a case of necrophilia and
attracting a far less severe sentence.
For example in United Kingdom according to section 70 of the Sexual Offences Act 2009, sexual penetration of a corpse is an offense.
When Graham Coutts committed his acts of necrophilia (in 2003), it
was not an offense in the United Kingdom, so he could not be charged with necrophilia. However, his computer was found to contain a number of violent pornographic images, and his case signalled the beginning of a campaign to ban possession of violent images. On May 8, 2008, the efforts reached fruition, when s.63 of the Criminal Justice and Immigration Act 2008 was promulgated, which made possession of extreme pornographic images illegal. It was brought into force in January 2009 by Order of the Secretary of State
The famous Nithari Case, 2006 is such an example of necrophilia wherein the accused were Mohinder Singh Pandher and Surendra Koli. On March 2, 2007, Koli confessed, at a Delhi court and admitted raping, killing, and having sex with dead bodies of children and women. Subsequently a case was registered against Koli under various sections of the Indian Penal Code, including rape, murder, kidnapping, and criminal conspiracy. Since necrophilia is not a crime in India, no case could be registered against him.
In India, there is no explicit law, as in the United Kingdom, regarding
necrophilia. However, section 297 of Indian Penal Code (IPC), entitled
“Trespassing on burial places, etc.,” addresses this perversion to some extent It states
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 of funeral 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 with both.
Gravediggers and mortuary attendants, who are the professionals most often found practicing necrophilia, engage in this activity perhaps because of their loneliness, coupled with easy access to corpses. 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 proved. The possibility of such an act taking place on a regular basis is not impossible to imagine.