IndexIntroductionBurial in private propertySections of the Indian Penal Code relating to dead bodiesNecrophiliaConclusionIntroductionDeath or mortuary rites is a ceremony or group of ceremonies held in connection with the burial or cremation of a dead person person. Throughout history and in every human society, special meaning has been attributed to the disposal of the dead. Funeral rites include the set of beliefs and practices used by a culture to remember and respect the dead. A person is every being that the law considers capable of rights and duties, regardless of whether that being is a human being or not. A person can be natural or artificial. A human being is a natural person. However, the dead are usually not considered people in the eyes of the law, they are "things". It is said that personality begins at birth and ends at death. This is based on a Latin maxim "Actio personalis moritur cum persona" which means "action dies with the death of man". The dead are immune from duties since no sanction can be imposed against them and therefore they are not even subjects of rights. However, the law takes care of the will of the deceased without giving them any rights. Death touches everyone at some point in their lives. It also triggers some laws about what happens to the body after death. Although death is universal to all people in every culture, responses to death and dying vary greatly. India, home to over a billion people, is also home to myriad cultural and religious traditions. This diversity of cultural and religious beliefs creates a variety of traditions and rituals. Different cultures have different beliefs about the end of life and death. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an original essayIn India there are various laws regarding death and mortuary rites. One of the basic laws is that before performing the necessary funeral rites, it is important to obtain the consent of the local authority. In this research, the researcher has provided a broad view of Hindu and Islamic death rituals. The researcher also explained the sections of the Indian Penal Code regarding dead bodies, crimes such as necrophilia and other laws on death and mortuary rites in India. For this research, the research used secondary sources to gather information. Secondary sources such as e-journals, reputed newspaper articles and various sections of the Indian Penal Code have been cited for this research paper. Hindu Death RitesAntyesti, which literally means "last sacrifice", refers to the death rites performed by people who believe in Hinduism. The Antyesti ritual is a sacred ceremony of the Hindu faith. It is the celebration and recognition of death. It gives peace to the soul and is believed to assist it in its journey into the world of the ancestors. Antyesti allows the family of the deceased time to pay their respects and give thanks for the life of their loved one. Those of the Hindu faith prefer to die at home, surrounded by family members who will watch over them. According to Hindu funeral rituals, the body remains at home until cremation, which usually occurs within 24 hours of death. Once a person has died, the deceased's mouth and eyes are closed and the deceased's arms are placed at his or her side. Then the body is cleansed in water and wrapped in a clean white cloth. The deceased is placed on the floor with the head facing south as this is believed to be the direction of the dead. The body is then taken to the cremation ground while prayers are recited to Yama, invoking his help. Only men go to the cremation site, guided byleader of the mourners. The chief mourner, usually the eldest son, carries sprigs of the sacred, flaming herb kusha from the eternal fire of the Dom (the untouchable caste that guards the funeral pyres) to the pyre on which the dead are laid. Go around the pyre counterclockwise as everything is in reverse at the moment of death. As the mourner walks around the pyre, his sacred thread, which usually hangs from the left shoulder, is reversed to hang from the right and then lights the pyre. The dead, now, are an offering to Agni, the fire. After the body has been almost completely burned, the mourner performs the rite called kapälakriyä (skull rite), breaking the skull with a long bamboo stick, thus freeing the soul from entrapment in the body. After cremation, the mourners walk away without looking back and the ashes are thrown into a river, ideally the Ganges River. Thirteen days later, a ceremony is held at the home of the deceased to free the soul for its ascension to heaven. Relatives gather for a meal of the deceased's favorite foods. A portion is offered before its photo. The mourning period varies from 13 to 30 days after the death. However, not all Hindus practice the Antyesti ritual. Although the most common practice among Hindus is to cremate the body, there are Hindus who bury the corpse. In northern India there are several Hindu tribes who bury the dead. For example, the Bishnoi tribe of western Rajasthan opposes Hindu funeral rites of cremating the deceased. The Bishnoi tribe buries the dead to avoid wasting the wood used to cremate the body. Islamic Funeral Rites When a Muslim approaches death, his family and closest friends should be present. They should offer the dying person hope and kindness and encourage him to recite the "shahad", confirming that there is no God but Allah. Once the person has died, those present must close the eyes and lower jaw of the deceased and cover the body with a clean sheet. They should also make 'dua' (supplication) to Allah to forgive the sins of the deceased. The family, or other members of the community, wash and wrap the body of the deceased with clean, scented water. Then the body is wrapped in a kafan (clean white cloth sheets). According to Islamic law, the body of the deceased should be buried as soon as possible. Burial usually takes place within 24 hours of death to protect the living from any health problems. After washing the body with clean water and covering it with a clean white cloth, the deceased is taken to the al-dafin (cemetery) to be buried. Only men accompany the body to the cemetery. A Muslim cemetery or a section of a cemetery reserved for Muslims is preferable. The deceased is placed facing Mecca, on the right side. Headstones, other headstones, flowers and mementos are discouraged. If permitted, the deceased will be buried without a coffin. After the funeral and burial, the immediate family will gather and receive visitors. It is customary for the community to provide food for the family for the first few days of the mourning period (usually three days). Generally, the mourning period usually lasts 40 days, but depending on the degree of religiosity of the family, the mourning period can be much shorter. Death rites of convicted criminals In India there are various non-governmental organizations (NGOs) like Anatha Pretha Kaingarya Trust who from time to time go to government hospitals and collect unclaimed bodies from the mortuary, cremate or bury the bodies and undertake the final rites of all major religions, i.e. , Hinduism, Christianity, Islam, etc. Priests and community members of different religions are invited to the ceremony to pray and perform therituals required in accordance with the religion of the deceased. In some cases, if the body of the dead inmate is claimed by the family, the family of the deceased performs funeral rites in accordance with their religion or several NGOs come together and conduct a joint funeral rite. However, in some cases, the state itself conducts the funeral rites of the deceased in accordance with their religion. For example, the funeral rites of Ajmal Kasab and guru Afzal were undertaken by the state. Private Property Burial There are a variety of options available when it comes to burial. Choosing the best place to rest your loved one is an important and vital decision. The practice of being buried on private property is ancient and still widespread in various countries. There are a number of questions that concern the person if he wants to bury the body of his loved ones in his backyard. In India, burial and burial practices are governed by the respective personal laws of the religion the deceased belonged to or practiced at the time of death. There is no law that explicitly prohibits a person from burying the body of the deceased on his or her property. However, in the event of an unnatural death, the funeral rite must not be performed without the permission of local law enforcement and the burial must not be clandestine. Before burying the body of the deceased, the body must be taken to a hospital so that an authorized doctor can certify the death and after obtaining a proper death certificate the body of the deceased can be brought home. While it is legal to bury your loved one's body on private property, to avoid unnecessary legal problems it is recommended to bury the body in a registered cemetery or memorial garden, where the remains will be cared for forever. .Articles of the Indian Penal Code regarding corpses With regards to the body of a deceased, the law seeks to ensure a dignified burial for all deceased, respecting the religious beliefs that the man held or professed. There are a couple of sections in the Indian Penal Code relating to dead bodies. According to section 297 of the Indian Penal Code, trespassing on burial grounds is a crime. This article reads: “Anyone, with the intention of hurting someone's feelings, or insulting someone's religion, or with the knowledge that someone's feelings may be hurt, or that someone's religion is likely to be insulted in this way, commits any violation in any place of worship or in any place of burial, or in any place separate from the performance of funeral rites or as a repository of the remains of the dead, or offers any humiliation to any human corpse, or causes disturbance to persons gathered for the performance of funeral ceremonies, shall be punished with imprisonment of any kind for a term which may extend to one year, or with fine, or with both. According to section 499 of the Indian Penal Code, any charge against a deceased person if it damages his reputation and is intended to hurt the sentiments of his family or any other close relative is an offence. This is based on the Latin maxim “De mortuis nil nisi bonum” which in English means “of the dead, speak no evil.” Necrophilia Necrophilia is a pathological fascination with corpses, which often takes the form of a desire to interact with them. in sexual activities. Necrophilia can be of various types. “Necro” means “dead” and “philia” means “love” in Greek. In India, people who commit necrophilia are charged under Section 297 (trespassing burial places) and Section 377 (unnatural sex) of the Indian Criminal Court. In many cases the accused first kills the victim and then commits the crime. Therefore, this rules out the possibility,.