“NECROPHILIA IN INDIA: A CRITICAL EVALUATION OF LEGAL PROVISIONS AND SOCIETAL RESPONSE”

Abstract

Necrophilia, the act of engaging in sexual activity with a corpse, remains one of the most disturbing and taboo subjects within the realm of criminal behavior. In India, despite its severe moral, psychological, and ethical implications, necrophilia exists within a legal grey area due to the absence of explicit penal provisions addressing it under the Indian Penal Code or the newly introduced Bharatiya Nyaya Sanhita (BNS). This research paper critically evaluates the gaps in Indian criminal jurisprudence concerning necrophilia and explores how existing laws are inadequate to prosecute such offences directly. It further delves into the societal perception of necrophilia, often marked by denial, stigma, and underreporting, which hinders effective discourse and policy formation. Drawing on psychological studies, legal doctrines, and comparative jurisprudence from jurisdictions where necrophilia is explicitly criminalized, the study highlights the need for India to recognize such acts as distinct crimes, not only to uphold the dignity of the dead but also to reflect evolving societal and legal standards. The paper advocates for legal reform, victim dignity preservation, and a shift in public consciousness to address this silent but serious violation.