Anti-Superstition and Black Magic Act (2013)

[balti]

Link: https://www.indiacode.nic.in/bitstre...ct%2C_2013.pdf


GOVERNMENT OF MAHARASHTRA
LAW AND JUDICIARY DEPARTMENT
MAHARASHTRA ACT No. XXX OF 2013
PREVENTION AND ERADICATION
OF HUMAN SACRIFICE AND
OTHER INHUMAN, EVIL AND
AGHORIPRACTICES AND BLACK
MAGIC ACT, 2013
(As modified upto the 16th March 2015)
PRINTED IN INDIA BY THE MANAGER, YERAVDA PRISON PRESS, PUNE AND
PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING, STATIONERY
AND PUBLICATIONS, MAHARASHTRA STATE, MUAI-4OO 004
2015
II Price-Rs. i i
I

2013 : Mah. XXX]
THE MAHARASHTRA PREVENTION AND ERADICATION OF
HUMAN SACRIFICE AND OTHER INHUMAN, EVIL AND
AGHORI PRACTICES AND BLACK MAGIC ACT, 2013.
CONTENTS
PREAMBLE.
SECTIONS.

1. Short title, extent and commencement.
2. Definitions.
3. Prevention and eradication of human sacrifice and other
inhuman, evil and aghori practices and black magic.
4. Jurisdiction to try offences.
5. Vigilance Officer.
6. Powers of entry search, etc.
7. Application ofprovisions ofsections 159 and 160 of Maharashtra
Police Act.
8. Application of provisions of Code.
9. Act to be in addition to and not in derogation of any other law. lo. Publication of fact of conviction.
11. Rules.
12. Savings.
13. Repeal of Mah. Ord. XIV of 2013 and saving.
r
MAHARASHTRA ACT No. XXX OF 20131.
[THE MAHARASHTRA PREVENTION AND ERADICATION OF
HUMAN SACRIFICE AND OTHER INHUMAN, EVIL AND
AGHORI PRACTICES AND BLACK MAGIC ACT, 2013.1
(This Act received the assent of the Governor on the 20th December 2013;
assent first published in the Maharashtra Goterninent Gazette, Part IV,
on the 20th December 2013.)
An Act to bring social awakening and awareness in the society and to
create a healthy and safe social environment with a view to protect
the common people in the society against the evil and sinister
practices thriving on ignorance, and to combat and eradicate
human sacrifice and other inhuman, evil, sinister and aghori
practices propagated in the name of so called supernatural
or magical powers or evil spirits commonly known as
black magic by conmen with sinister motive of
exploiting the common people in the society
and thereby destroying the very social fibre
of the society; and for matters connected
therewith or incidental thereto.
WHEREAS alarming number of incidences of exploitation of the common
people in the society because of human sacrifice and other inhuman, evil,
sinister and aghori practices and practices of black magic and evil spirits at the
hands of conmen, continuously had come to light;
AND WHEREAS under the circumstance it became absolutely necessary for
the Government to take appropriate and strmgent social and legal measures to
effectively prevent such evil effects and spread of these harmful practices, usages,
black magic and such other inhuman, evil, sinister and aghori practices and to
save the common people from falling prey to the sinister designs of the black
magicians and conmen, whose false claims ofpossessing magical or miraculous
remedies or powers and anti-social and harmful activities were threatening to
damage the very social fibre and the beliefs of the common people m the authentic
and scientific medical remedies and cures ; and driving them, on account of
ignorance, to take recourse to such black magicians and conmen;
AND WHEREAS both Houses of the State Legislature were not in
session
AND WHEREAS the Governor of Maharashtra was satisfied that circumstances
existed which rendered it necessary for him to take immediate action to make
a law for the purposes aforesaid; and, therefore, promulgated the Maharashtra Mali. Ord.
. . . . . . XIV of 2013. Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and
Aghori Practices and Black Magic Ordinance, 2013, on the 26th August
2013
i For Statement of Objects and Reasons (in English) see Maharashtra Government Gazette,
Part V-A, Extraordinary No. 34, dated the 11th December 2013, pages 8-9.

Maharashtra Prevention and Eradication of Human Sacrifice and Other [ 2013 : Mah. XXX Inhuman, Evil and Aghori Practices and Black Magic Act, 2013.
AND WHEREAS it is expedient to replace the said Ordinance by an Act of
the State Legislature; it is hereby enacted in the Sixty-fourth Year of the
Republic of India as follows :- Short title, 1. (1) This Act may be called the Maharashtra Prevention and Eradication extent and commencement. of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black
Magic Act, 2013.
(2) It extends to the whole of the State of Maharashtra.
(3) It shall be deemed to have come into force on the 26th August 2013. Definitions. 2. (1) In this Act, unless the context requires otherwise,
(a) "Code" means the Code of Criminal Procedure, 1973; 2of
i 974.
(b) "human sacrifice and other mhuman, evil and aghori practices and
black magic" means the commission of any act, mentioned or described in
the Schedule appended to this Act, by any person by himself or caused to
be committed through or by instigating any other person
(e) "prescribed" means prescribed by rules made under this Act;
(c/ "propagate" means issuance or publication of advertisement,
literature, article or book relating to or about human sacrifice and other
inhuman, evil and aghori practices and black magic and includes any
form of direct or indirect help, abatement, participation or cooperation with
regard to human sacrifice and other inhuman, evil and aghori practices
and black magic;
(e) "rules" means the rules made under this Act.
(2) Words and expressions used but not defined herein, shall have respective
meanings as assigned to them m the Drugs and Magic Remedies (Objectionable 21O
Advertisement) Act, 1954 and the Code.
Prevention and 3 (1) No person shall either himself or through any other person commit, eradication of . human sacrifice promote, propagate or practice or cause to promote, propagate or practice human
. h and other sacrifice and other mhuman, evil and ag/wri practices and black magic mentioned inuman,evi
or described in the Schedule appended to this Act.
practices and
black magic. (2) From the date of coming into force of this Act, commission of any act of
human sacrifice and other inhuman, evil and aghori practices and black magic
and any advertisement, practice, propagation or promotion of human sacrifice
and other inhuman, evil and aghori practices and black magic, in violation of
the provisions of this Act, by any person by himself or through any other person
shall constitute an offence under the provisions of this Act, and the person
guilty of such offence shall, on conviction, be punished with imprisonment for
a term which shall not be less than six months but which may extend to seven
years and with fme which shall not be less than five thousand rupees but which
may extend to fifty thousand rupees.

2013 : Mah. XXX] Maharashtra Prevention and Eradication of Human Sacrifice and Other
Inhuman, Evil and Aghori Practices and Black Magic Act, 2013.
( 3) Whoever abets the commission of, or attempts the commission of any act
or offence punishable under sub-section (2) shall be deemed to have committed
that offence and shall, on conviction, be punished with the same punishment for
such offences in sub-section (2).
( 4) The offence punishable under sub-section (2) shall be cognizable and nonbailable.
4. No Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate Jurisdiction to of First Class shall try any offence punishable under section 3. tY offences.
5. (1) The State Government may, by notification in the Official Gazette, and Vigilance
subject to such terms and conditions as may be specified in the notification,
appoint for any one or more police stations, as may be specified in the
notification, one or more police officers to be known as the Vigilance Officer
Provided that, such officer shall not be below the rank of an Inspector of
Police.
(2) It shall be the duty of the Vigilance Officer,-
( i) to detect and prevent the contravention or violation of the
provisions of this Act and the rules made thereunder, in the area of
his jurisdiction and report such cases to the nearest police station
within the area of his jurisdiction; and upon filing of complaint to the
police station by any victim or any member of his family, to ensure
due and speedy action thereon and to give necessary advice, guidance
and help to the concerned police station;
( ii) to collect evidence for the effective prosecution of persons
contravening the provisions of this Act; and to report the same to the
police station of the area in which such contravention has been or is
being committed;
(iii) to discharge such other functions as may be assigned to him,
from time to time, by the State Government, by general or special
order issued in this behalf.
(3) Any person who obstructs the discharge of the official duties or the
work of the Vigilance Officer, appointed under sub-section (1), shall, on conviction,
be punished with imprisonment for a term which may extend to three months
or with fine, which may extend to five thousand rupees or with both.
(4) The Vigilance Officer shall be deemed to be a public servant withm the
45 of meaning of section 21 of the Indian Penal Code.
1860.
6. (1) Subject to the general or special orders issued in this behalf by the Powers of
. . . . . . . ently, search, State Government, from time to time, the Vigilance Officer may, within the etc local limits ofthe area ofhis jurisdiction, with the assistance ofthe police officer
of his area,-
( i) enter and search, at all reasonable times, with such assistance,
if any, as he considers necessary, any place in which he has reason to
believe that an offence under this Act has been or is being
committed

Maharashtra Prevention and Eradication of Human Sacrifice and Other [2013 : Mah. XXX Inhuman, Evil and Aghori Practices and Black Magic Act, 2013.
( ii) seize any material, instrument or advertisement which, he has
reason to believe that the same has been or is being used for any act
or thing which is in contravention of the provisions of this Act;
( iii) examine any record, document or material object found in any
place mentioned in clause (i) and seize the same if he has reason to
believe that it may furnish evidence of the commission of an offence
punishable under this Act.
(2) The provisions of the Code shall, so far as may be, apply to any search
or seizure made under this Act as they apply to such search or seizure made
under the authority of a warrant issued under section 94 of the Code.
(. Where any person seizes anything under clause (ii) or (iii) of subsection (1), he shall, as soon as may be, inform the Magistrate and take his
orders as to the custody thereof.
Application of 7 The provision of sections 159 and 160 of the Maharashtra Police Act,
shall apply to acts done in good faith by the Vigilance Officer under of this Act, 51. and 160 of as if the Vigilance Officer is a Police Officer within the meaning of that Act.
Maharashtra
Police Act. Application of 8. The provisions of the Code shall apply to the investigation and trial of
provisions of
Code. offences under this Act. Act to be in 9 The provisions of this Act shall be in addition to and not in derogation addition : of any other law for the time being in force.
derogation of any other law. Publication of l (1) Where any person is convicted of any offence punishable under this
conviction Act, it shall be competent for the Court convicting such offender to cause the
name and place of residence of such person to be published by the police in the
local newspaper where such offence had taken place, together with the fact that
such offender had been convicted of the offence under this Act and such other
particulars as the Court may deem fit and appropriate, to be allowed to be
published.
(2) No such publication under sub-section (1) shall be made until the
appeal, if any, filed against such order is finally disposed of.
11. (1) The State Government may, by notification in the Official Gazette, Rules.
and subject to the condition ofprevious publication, make rules to carry out the
purposes of this Act.
(2) Every rule made under this Act shall be laid, as soon as may be, after
it is made, before each House of the State Legislature while it is in session for
a total period of thirty days, which may be comprised in one session or in two
or more successive sessions, and if, before the expiry ofthe session in which it
is so laid or the session or sessions immediately following, both Houses agree
in making any modification in the rule or both Houses agree that the rule

2013 : Mah. XXX] Maharashtra Prevention and Eradication of Human Sacrifice and Other
Inhuman, Evil and Aghori Practices and Black Magic Act, 2013.
should not be made and notify their decision to that effect in the Official
Gazette, the rule shall, from the date of publication of such decision in the
Official Gazette, have effect only in such modified form or be of no effect, as the
case may be; so, however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done or omitted to be
done under that rule.
12. (1) For the removal of doubt, it is hereby declared that nothing in this Savings.
Act shall apply in respect of the following, namely :-
(1) The form of worship such as pradakshina, yatra, Parikrarna
performed at any religious or spiritual places, as also Vans of Varkari sect
and other Vans.
( 2) Hanipath, Kintan, Pnatachan, Bhajan, teaching of ancient and
traditional learning' s and arts , practice, prop agation , circulation thereof.
(3) To state about the miracles of deceased saints, propagation, publicity
and circulation of the same and the propagation, publicity, and distribution
of the literature about the miracles of the religious preachers which do not
cause physical injury or financial loss.
(4) The performance of prayers, Upasana, and all religious rites at the
places such as home, temple, dangah, gunudwana, pagoda, church on other
religious places which do not cause physical injury or financial loss.
(5) All religious celebrations, festivals, prayers, procession and any
other act relatmg thereto, mvokmg the spirit, Kadaklakshrni, Vnattaikalye,
Upaxzs, callmg ofNiwas, calling ofMannat, Mohannain procession and all
other religious rituals.
(6) Piercing of ears and nose of children in accordance with religious
rituals, performance of religious rituals such as Keshlochan by the Jams.
(7) The advice in regard to tastushastna, advice by Joshi-Jyotishi,
Nandibailwale Jyotishi and other astrologers and in regard to source of
ground water.
(8) Any traditional religious rites, and acts except those mentioned
above, which the State Government may, by notification in the Official
Gazette, notify.
(2) Every notification issued in pursuance of entry (8) of sub-section (1)
shall be laid, as soon as may be, before each House of the State Legislature. Mah. 13. (1) The Maharashtra Prevention and Eradication of Human Sacrifice Repeal of Mah. xI and other Inhuman, Evil and Aghoni Practices and Black Magic Ordinance, of
2013. 2013, is hereby repealed. saving.
(2) Notwithstanding such repeal, anything done or any action taken
(including any notification or order issued) under the corresponding provisions
of the said Ordinance, shall be deemed to have been done, taken or issued, as
the case may be, under the corresponding provisions of this Act.

Maharashtra Prevention and Eradication of Human Sacrifice and Other [2013 : Mah. XXX Inhuman, Evil and Aghori Practices and Black Magic Act, 2013.
SCHEDULE
(See section 2(1) (b))
(1) Under the pretext of expellmg the ghost, assaulting by tying a person with
rope or chain, beating by stick or whip, to make the person drink footwear
soaked water, giving chili smoke, hanging a person to roof, fixing him with rope
or by hair or plucking his hair, causing pain by way of touching heated object
to organs or body of a person, forcing a person to perform sexual act in the open,
practicmg mhuman acts, puttmg urme or human excreta forcibly in the mouth
of a person or practicing any such acts.
(2) Display of so-called miracles by a person and thereby earnmg money; and
to deceive, defraud and terrorize people by propagation and circulation of so- called miracles.
( 3) With a view to receive blessings of supernatural power, to follow the
mhuman, evil and aghori practices which cause danger to life or grievous hurt;
to instigate, encourage or compel others to follow such practices.
(4) Doing any inhuman, evil and aghori act and black magic; in search of
precious things, bounty, and water resources or for similar reasons in the name
of karni, bhanainati and making or trying to make human sacrifice m the name
ofjaran-inaran or the like, or to advice, instigate or encourage committing such
inhuman acts.
(5) To create an impression by declaring that a power inapprehensible by
senses has mfluenced one's body or that a person has possessed such power and
thereby create fear in the mind of others or to threaten others of evil consequences
for not following the advice of such person or deceive, defraud and deter him.
( 6) By making the persons believe that a particular person practices karni,
black magic or brings under the influence of ghost or diminishes the milching
capacity of a cattle by inantra-tantra or similarly accusing a particular person
that he brings misfortune to others, or is a cause for spread of diseases and
thereby making the living of such person miserable, troublesome or difficult; to
declare a person as saitan or incarnation of sitan.
(7) In the name ofjaran-rnaran, karni or chetuk, assaulting any person,
parading him naked or put a ban on his daily activities.
(8) To create a panic in the mind of public in general by way of invoking
ghost or inantras, or threaten to invoke ghost,, creating an impression that
there is ghostly or wrath of a power mapprehensible by senses causing physical
injuries and preventing a person from taking medical treatment and instead
diverting him to practice mhuman, evil and ag/wri acts or treatment, threatenmg
a person with death or causing physical pains or causing financial harm by
practicing or tend to practice black magic or inhuman act.
(9) Prohibiting and preventing a person from taking medical treatment in
case of dog, snake or scorpion bite and instead giving him treatment like
inantra-tantra. ganda-dora or such other things.

2013 : Mah. XXX] Maharashtra Prevention and Eradication of Human Sacrifice and Other
Inhuman, Evil and Aghori Practices and Black Magic Act, 2013.
(10) Claiming to perform surgery by fingers, or claiming to change the sex
of a foetus in womb of a woman.
( 11) (a) To create an impression that special supernatural powers are present
in himself, incarnation of another person or holy spirit or that the devotee was
his wife, husband or paramour m the past birth, thereby indulging into sexual
activity with such person;
(b) To keep sexual relations with a woman, who is unable to conceive, assuring
her of motherhood through supernatural power.
( 12) To create an impression that a mentally retarded person as having
inhuman powers and thereby rob the others.

YERAVDA PRISON PRESS, Pu-6.