Necrophilia: A Legal and Psychological Perspective

A Shocking Reality in Bangladesh

Six years ago, a horrifying incident of sexual assault shook Bangladesh. Authorities arrested Munna Bhakta, an assistant at the Suhrawardy Hospital morgue in Dhaka, for sexually assaulting a corpse. However, this case was not an isolated event.

A few years later, authorities detained Md Selim, a temporary security guard at Chittagong Medical College Hospital, on similar charges. While Munna faced conviction under one legal provision, he was acquitted under another. Selim’s case remains stalled due to the absence of witnesses.

Understanding Necrophilia

Necrophilia involves sexual intercourse or sexual contact with dead bodies and is widely recognized as a severe psychological disorder. Experts suggest that individuals exhibiting such behavior often suffer from developmental issues, abnormal sexual impulses, and psychological instability.

Prof. Nur Mohammad from Jagannath University explains that necrophilia represents an uncontrolled state where perpetrators experience a false sense of power and control over the deceased. Many of them have experienced past trauma or suffer from personality disorders. He further explains that an inability to form healthy relationships with living individuals can lead to such acts. Since a dead body does not react, the perpetrator gains unchecked control over it.

The Legal Loophole in Bangladesh

Despite the psychological complexities behind these crimes, Bangladesh’s legal system lacks clear provisions to address necrophilia. Legal experts stress the importance of explicitly recognizing necrophilia in the country’s laws. They also advocate for integrating psychiatrists into prisons, hospitals, and educational institutions to address mental health concerns effectively.

The Case Against Munna Bhakta

Between March and August 2019, forensic investigators discovered male semen in the vaginal swabs of five bodies sent from Suhrawardy Medical College Hospital’s Forensic Medicine Department. The victims, aged between 11 and 17, had died by suicide, and their autopsy reports showed no visible signs of trauma or sexual assault.

The Criminal Investigation Department (CID) found that Munna, responsible for escorting bodies to the morgue, had direct access to them. Following the investigation, authorities arrested him on November 19, 2020, and filed multiple cases against him under Sections 297 and 377 of the Penal Code.

On January 31, 2021, Munna admitted to the charges in court. The trial began, and on June 21, 2023, Dhaka’s Additional Metropolitan Magistrate sentenced him. The court convicted him under Section 377, sentencing him to one year and seven months of hard labor. However, the court acquitted him of charges under Section 297 due to insufficient evidence.

The Case Against Selim in Chattogram

On February 28, 2022, the CID arrested Selim, a security guard at Chittagong Medical College Hospital morgue, for sexually assaulting female corpses. Investigators found that he exploited his position, waiting for hours after bodies arrived to commit these acts.

Following the investigation, authorities filed a case under Section 377 of the Penal Code. The trial is ongoing in Chattogram’s Additional Chief Metropolitan Magistrate’s Court. Fourteen witnesses have been named, but none have testified so far.

Ambiguity in Bangladesh’s Legal System

Bangladesh’s Penal Code outlines rape laws under Sections 375 and 376, protecting the rights of living individuals. However, it remains silent on crimes committed against the deceased. Section 377 criminalizes sexual acts deemed “against the laws of nature” with a man, woman, or animal, but it does not mention necrophilia.

How Other Countries Address Necrophilia

Many countries have enacted specific laws to criminalize necrophilia:

• India: Section 375 of the Indian Penal Code classifies necrophilia as a punishable offense.
• United States: Several states, including California and New York, impose strict penalties for corpse rape. California Penal Code 7052 makes it a crime to engage in sexual intercourse with a corpse, carrying up to eight years in prison.
• United Kingdom: The Sexual Offenses Act 2003 criminalizes necrophilia, with a maximum sentence of five years in prison.
• Germany: Sections 168 and 174 of the German Criminal Code punish necrophilia with imprisonment of one to three years and fines.

The Need for Legal Reform in Bangladesh

Senior lawyer ZI Khan Panna urges the government to amend the Penal Code to explicitly include necrophilia in Sections 376 and 377. He argues that such crimes fall under abnormal psychological behavior and require legal recognition.

Fauzia Moslem, president of the Bangladesh Mahila Parishad, emphasizes that stricter laws alone will not solve the issue. She advocates for holistic solutions, including mental health education and awareness programs.

Bangladesh Penal Code – Legal Provisions
Bangladesh Penal Code – Explore the legal framework and penal code sections related to crimes in Bangladesh.

Mental Health and Criminal Behavior
World Health Organization – Mental Health – Learn about mental health disorders and their impact on criminal behavior.

FAQ

1. What is necrophilia?

Necrophilia involves sexual intercourse or contact with a dead body. Psychologists classify it as a severe mental disorder.

2. Is necrophilia illegal in Bangladesh?

Bangladesh’s Penal Code does not explicitly criminalize necrophilia. However, some cases have been prosecuted under Section 377.

3. How do other countries address necrophilia?

Countries like India, the U.S., the U.K., and Germany have specific laws criminalizing necrophilia, with varying degrees of punishment.

4. What legal reforms are needed in Bangladesh?

Legal experts recommend amending the Penal Code to explicitly include necrophilia as a criminal offense under Sections 376 and 377.

5. What role does mental health play in such crimes?

Psychologists suggest that past trauma, personality disorders, and social isolation contribute to necrophilic tendencies. Addressing mental health issues can help prevent such crimes.

California Penal Code 7052 on Necrophilia UK Sexual Offenses Act 2003