New Delhi: In its new ruling, the Chhattisgarh High Court has resolved that while necrophilia is a heinous act, it does not currently constitute rape under Indian law. The court made this unsettling observation while hearing an appeal related to the kidnapping, rape and murder of a nine-year-old girl.

The case involved two accused, Nitin Yadav, who kidnapped, raped, and murdered the child, and Neelkanth alias Neelu Nagesh, who committed necrophilia on the victim’s corpse before it was buried. The court detailed the horrific sequence of events, noting that Yadav strangled the girl, and then transported her body to his house, before seeking Nagesh’s help to dispose of it. Nagesh subsequently engaged in sexual acts with the deceased child’s body.

While acknowledging the profoundly disturbing nature of necrophilia—calling it “one of the most horrendous crimes one can think of”—the court emphasised that current Indian law, including the Indian Penal Code (IPC) and the Prevention of Children from Sexual Offences (POCSO) Act,........

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