The criminal system of India has been evolving over time to adapt to new changes in accordance to the crimes in the country. But, necrophilia is one such crime that has not yet been addressed or defined by the Indian statutes. Necrophilia is the morbid fascination to engage in sexual intercourse with a corpse. Through this research paper, the author attempts to critically analyse the laws present in India to address the issue of necrophilia and conducting a comparative analysis with the previous Indian Penal Code, 1860 and the present Bharatiya Nyaya Sanhita, 2023 to understand the evolution of law and the changes brought and introduced into the criminal justice system to determine whether the changes in the legislating were towards a positive improvement or a negative standstill in terms of imposing liability for the act of necrophilia. The purpose of this research paper is to critically analyse the laws in India to address the issue of necrophilia, its efficiency, adequacy and effectiveness in delivering justice. Furthermore, the author also attempts to analyse the development of laws within the legal system of India by comparing the two legislations with respect to the provisions available to punish one for the crime of necrophilia. It is, however, concluded that the dearth of laws to govern a crime like necrophilia gives scope for the offenders to escape the liability by exploiting the loopholes in the current laws that punish the act of necrophilia. The rising cases of necrophilia accompanied by the dearth of laws to punish the act make it necessary to demand for conclusive laws to deal with necrophilia.