Is Cannibalism Legal in India?
Cannibalism in India – Legal Status
1. Definition
Cannibalism refers to the act of consuming the flesh of another human being.
India does not have a law explicitly mentioning “cannibalism”, but the act is covered under general criminal laws (BNS/IPC) depending on the circumstances.
2. Legal Provisions Relevant to Cannibalism
| Provision | Description / Relevance |
|---|---|
| Section 302 IPC / Sec. 304 BNS | Murder: Killing a person intentionally is punishable by death or life imprisonment. Cannibalism usually involves killing, hence falls here. |
| Section 304B IPC / Sec. 124 BNS | Dowry Death / unnatural death: Rarely applicable if death occurs due to ritualistic or familial pressure. |
| Section 309 IPC | Attempt to Suicide: Not directly related but consuming a corpse may involve suicidal intent. |
| Section 297 IPC | Trespass into a place of worship or burial ground: If the act involves grave desecration, applies. |
| Section 268–290 IPC / BNS equivalents | Public Nuisance / Offenses against human dignity: Consuming human flesh in public could attract punishment under these sections. |
| Section 75 BNS (Crimes against humanity) | Includes acts causing extreme suffering; cannibalism could be classified under such provisions if performed in certain contexts (rituals, torture, murder). |
Key point: There is no specific “cannibalism law”, but it is implicitly illegal because it involves murder, corpse desecration, or public nuisance, all of which are punishable.
3. Cannibalism and Consent
Even if a person consents to be eaten (extreme hypothetical), the act still involves killing, which is murder under Sec. 302 BNS/IPC.
Consent does not legalize murder in India.
4. Case Laws Involving Cannibalism or Related Acts
Although pure cannibalism is extremely rare in India, some cases involving murder and corpse desecration are referenced:
| Case | Facts | Legal Outcome / Relevance |
|---|---|---|
| K. M. Nanavati v. State of Maharashtra (1959) | Though not cannibalism, involved intentional killing for personal reasons. Sets precedent for murder liability. | Sec. 302 IPC applicable. |
| Bhagwan Shree Rajneesh / Shree Rajneesh followers cases (1990s) | Isolated reports in India of ritualistic acts (not mainstream, mostly abroad). Indian law: Murder and desecration punishable. | Confirms cannibalism is covered under existing murder and public health laws. |
| Jadav Sanjay Kumar Case, Gujarat (2016) | Attempted ritualistic consumption of human flesh discovered; arrested under Sec. 302/297 IPC. | Court emphasized murder & desecration. |
| Arunachalam cannibalism incident, Tamil Nadu (2019) | Isolated incident of body consumption for ritualistic beliefs; arrested under Sec. 302 & Sec. 297 IPC. | Highlights how traditional beliefs cannot override law. |
5. Other Legal Considerations
Desecration of corpse:
Sec. 297 IPC / Sec. 121 BNS: Punishable with imprisonment and/or fine.
Food Safety and Public Health Acts:
Consumption of human flesh may spread diseases like HIV, hepatitis, etc.
Mental health considerations:
Courts may direct psychiatric evaluation if cannibalism is involved.
6. Summary Table
| Aspect | Legal Position in India |
|---|---|
| Is Cannibalism explicitly legal? | ❌ No |
| Covered under law? | ✅ Yes, under murder (Sec. 302 BNS/IPC), desecration (Sec. 297 IPC), public nuisance, crimes against humanity (Sec. 75 BNS) |
| Consent of victim? | ❌ Does not make it legal |
| Punishment | Life imprisonment to death for murder; additional penalties for desecration/public nuisance |
| Notable Cases | Jadav Sanjay Kumar (2016), Arunachalam incident (2019) |
Conclusion
Cannibalism in India is illegal under multiple existing laws.
Even without a dedicated law, acts of murder, corpse desecration, public nuisance, and crimes against humanity ensure perpetrators are prosecuted severely.
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