A Study of Necrophilia – Old to Recent Legal Scenario

Abstract

Necrophilia is a psychosexual disorder whereby an individual develops an abnormal sexual interest in dead people. This disturbing behavior is defined as a paraphilia in leading reference books, including the World Health Organization’s ICD-10. While the form of necrophilia has been known for centuries, it is still not studied or explained in detail, especially in such countries as India. Therefore, the following questions should be answered in this paper: Historical background of necrophilia, psychological aspect, and a look at the legal issues. If will look at how necrophilia is defined in medical and psychological contexts and what definitions might mean in civil society. The aspect that will also be under discussion will be the relation of the society to this kind of activity and its changes in time. Despite the increasing occurrence of necrophilia within India, there is a definite lack of provision in law. Neither the current Bharatiya Nyaya Sanhita nor the Indian Penal Code (IPC) of 1860 has any provisions to address this heinous crime. This is worrying, and with the rising incidents of necrophilia within the country, this is a worrying factor. To show legal approaches invoked presently in this matter, the paper will discuss other related legal cases that involve necrophilia. There will also be a review of Indian law in comparison to other nations' laws, which can provide light on how to implement successful legal strategies. Due to the current status, the paper has urged reconsideration of the laws currently in force. Special legislation was required to shape the given type of actions as criminal to protect the dead bodies from becoming objects of sexual penetration by a living person. This legislation should aspire to shield the dignity of the deceased and provide justice measures to the victims. Such changes could include fine-tuning some of the existing laws or even enacting new laws to plug the existing legal void. Its resolution is necessary in terms of legal rationalization and respect for human dignity within society.