LexThe ASSAM WITCH HUNTING (PROHIBITION, PREVENTION AND PROTECTION) ACT, 2015 (SINGLE DOCUMENT)
Assam · state statute
Open in Lexace · Ask the AI about this actASSAM ACT NO. XXI OF 2018
(Received the assent of the President on 13th June, 2018)
THE ASSAM WITCH HUNTING (PROHIBITION,
PREVENTION AND PROTECTION) ACT, 2015
AN
ACT
Preamble.
to provide for more effective measures to prohibit witch
hunting and prevent and protect persons from witch hunting;
and to eliminate torture, oppression, humiliation and killing
of such persons by a section of the society by providing for
punishment by trial of offences relating to witch hunting; and
for the relief and rehabilitation of victims of such offences.
Whereas it is expedient to provide for more effective
measures to prohibit witch hunting and prevent and protect
persons from witch hunting; and to eliminate torture,
oppression, humiliation and killing of such persons by a
section of the society by providing for punishment by trial of
offences relating to witch hunting; and for the relief and
rehabilitation of victims of such offences and for any other
matters connected therewith or incidental thereto;
It is hereby enacted in the Sixty-sixth Year of the
Republic of India as follows :-
Short title, extent
and
commencement.
1.
(1) This Act may be called the Assam Witch Hunting
(Prohibition, Prevention and Protection) Act, 2015.
(2) It extends to the whole of Assam.
(3) It shall come into force on such date as the State
Government may, by notification in the Official Gazette,
appoint.
Definitions. 2.
In this Act, unless the context otherwise requires,-
(a) "abettor or identifier" means any person who identifies,
calls, stigmatizes, defames or accuses any other person as
witch or instigates, aids or abets such an act, by words, or
by signs or indications or by conducts, aids in instigating
any other person or does anything which tend to cause
any person any harm or causes anything which gives
reasonable apprehension of stigmatization in the mind of
such person so identified, called, stigmatised, defamed or
accused that there may be harm caused to him/her, or that
his/her dignity or public estimation is damaged or likely
to be damaged;
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(b) “code means” the Code of Criminal Procedure, 1973;
(c) "prescribed" means prescribed by rules made under this
Act;
(d) "Special Court" means a Court not below the rank of an
Additional Session Judge as may be designated by the
State Government by notification in the Official Gazette
exercising jurisdiction in the area where the offences
under this Act alleged to have taken place;
(e) "State Government" means the State Government of
Assam;
(f) "victim" means and includes any person who has been
harmed, injured, made to suffer, either physically or
mentally, or singled out by cruel and unjust treatment or
killed or executed as a result of witch hunting;
(g) "witch" means any person who has been supposedly
identified, called, stigmatized, defamed or accused as
Daini, Daina, Dakini, Dakan, Bhoot, Bhootuni, or any
other such name by person or persons under the grip of
unrealistic and unfounded impression that such person has
the power to harm anyone or society at large, in any
manner;
(h) "witch hunting" means the identifying, calling ,
stigmatising, defaming or accusing any person as witch by
any other person by words, or by signs or by indications
or conducts or actions or in any manner, thereby causing
or abetting physical and/ or mental harm or execution of a
witch which may involve mass hysteria, lynching or any
other activities;
(i) words and expressions used but not defined in this Act
and defined in the Code or the Indian Penal Code, 1860
shall have the meanings respectively assigned to them
thereunder.
Central Act 2 of
1974
Central Act 45 of
1860
Prohibition of
witch hunting.
3.
No person shall identify, call, stigmatize, defame or accuse
any other person as witch by words, or by signs or
indications or by conducts or actions or any other manner or
instigate, aid or abet such an act or commit witch hunting.
Punishment for
identifying, calling
etc as witch and
for abetment.
4.
Whoever,-
(i) identifies, calls, stigmatizes, defames or accuses either
by words, signs, indications, conducts, actions or any
other manner, any person as witch,
(ii) instigates or aids or abets any such acts mentioned in
clause (i) above, shall be punished with imprisonment
for a term which shall not be less than three years but
can extend up to a term of seven years and with fine,
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which shall not be less than Rs. 50,000/- but which may
extend to Rs. 5,00,000/-
Punishment for
causing death.
5.
Whoever, assaults or uses criminal force or causes assault or
use of criminal force against a person accusing him/her to be
a witch, resulting in his/her death, shall be punished in
accordance with section 302 of the Indian Penal Code, 1860.
Central Act 45 of
1860
Punishment for
leading the person
to commit suicide
6.
Whoever intimidates a person identifying, calling,
stigmatising, defaming or accusing him/her a witch and does
any act leading or compelling the person to commit suicide
shall be punished with imprisonment for a term which shall
not be less than seven years but which may extend to
imprisonment for life and with fine which shall not be less
than Rs. 1,00,000/- but which may extend to Rs. 5,00,000/-
Punishment for
use of criminal
force identifying,
calling etc. as
witch.
7.
Whoever, identifying, calling, stigmatizing, defaming or
accusing any person as witch, uses criminal force against that
person and/or instigates or provokes others in doing so with
intent to harm and/or to displace the person from the house,
place or the property, lawfully occupied or owned by him/her
or interferes with his/her rights over any land or premises or
to coerce him/her to leave the area of which he/ she is a
rightful owner, resident or a visitor, shall be punished with
imprisonment for a term which shall not be less than five
years but which may extend to ten years and with fine which
shall not be less than Rs. 1,00,000/- but which may extend to
Rs. 5,00,000/-.
Punishment for
using criminal
force to outrage
modesty.
8.
Whoever, identifying, calling, stigmatizing, defaming or
accusing any person as witch, assaults or uses criminal force
against a person to remove or causes to remove clothes from
his/her body and demonstrates and parades him/her naked or
with such scanty clothes that fail to protect his/her modesty,
shall be punished with imprisonment for a term which shall
not be less than five years but which may extend to ten years
and with fine which shall not be less than Rs. 10,000/ - but
which may extend to Rs. 50,000/-
Punishment for
some forms of
torture.
9.
Whoever, identifying, calling, stigmatizing, defaming or
accusing any person as witch,-
(i) subjects that person to any forms of torture including
acts of stoning, hanging, stabbing, dragging, public
beatings, burns, cutting/burning of hair, forced hair
shavings, pulling of teeth out, cutting of nose or other
body-parts, blackening of face, whipping, branding with
hot objects or use of any other blunt or sharp weapons or
objects.
(ii) forces that person to perform public acts of humiliation
or to eat human excrement or to drink urine or to drink
or eat inedible or obnoxious substances or to socially
ostracize or to stigmatize for life or to prohibit to
participate in auspicious occasions, to curtail
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movements and employment or subjects him/her to
taunts, slurs and other verbal abuses, shall be punished
with imprisonment for a term which shall not be less
than five years but which may extend to ten years with
fine which shall not be less than Rs. 50,000/- but which
may extend to Rs. 1,00,000/-
Punishment for
damaging
reputation, dignity
etc.
10.
Whoever, with malicious intention harasses a person to
damage his/her reputation and dignity, or with intention to
sexually exploit or with intent to extort money or the
property, or any other ulterior motive, identifies, calls,
stigmatizes, defames or accuses a person as witch, shall be
punished with imprisonment for a term which shall not be
less than three years but which may extend to seven years
and with a minimum fine of Rs. 10,000/- which may extend
to Rs. 50,000/-
Punishment for
attributing
misfortune.
11.
Whoever, identifies, calls, stigmatizes, defames or accuses a
person as witch and blames that person of any misfortune
that befalls his village/area/locality or community which may
also include natural disasters, such as droughts, floods, crop
loss, illness or any death in the village, shall be punished with
imprisonment for a term which may extend to three years and
with fine which shall not be less than Rs. 10,000/- but which
may extend to Rs. 50,000/-
Punishment for
causing
disappearance of
evidence.
12.
Whoever, knowingly or having reasons to believe that an
offence has been committed under this Chapter, causes any
evidence of the commission of that offence to disappear with
the intention of shielding the offender from legal punishment,
or with that intention misleads investigation or gives any
information, regarding the offence, which he knows or
believes to be false, shall, be liable for punishment provided
for that offence under section 201/182 of Indian Penal Code,
1860
Central Act 45 of
1860
Punishment for
attempt to commit
offences.
13.
Whoever attempts to commit any offence under this Act and
does any act towards such commission shall be punishable as
per the provisions of section 511 of the Indian Penal Code,
1860,
Central Act 45 of
1860
Punishment for
abetment of
offence.
14.
(1) Whoever abets any offence under this Act, shall be
punished with the same punishment provided for that
offence under the relevant provisions of this Act.
(2) A public servant who wilfully refuses to register the case
or neglects the investigation or tries to withhold facts
and evidences relating to the case with intention to
minimize the gravity of the offence, shall be deemed to
have abetted the offence and shall be liable for
punishment for the offence as provided under this Act.
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Punishment for
community
involvement.
15.
If it is established that there has been community
involvement in causing such offences under this Act,
everyone of the community involved may be fined as
punishment which shall not be less than Rs. 5,000/- to each
but may extend to Rs. 30,000/ - and who so ever fails to
deposit the said fine shall undergo one year imprisonment in
addition to the punishment imposed upon him by the court
fixing specific accusations in the proceeding.
Constitution of
Special Courts,
their powers,
functions and
procedures.
16.
(1) For trial of offences under this Act, the State
Government shall constitute Special Courts in
consultation with the High Court.
(2) The Special Court shall exercise such powers and
functions and follow such procedures as laid down
under the Code for the trial of warrant cases.
(3) The Special Court shall complete trial of any case under
this Act within one year from the date of filing of police
report before the court.
Offences to be
cognizable, non-
bailable and non-
compoundable.
17.
Every offence under this Act shall be cognizable, non-
bailable and non-compoundable within the meaning of the
Code.
Punishment for
non-payment of
fine.
18.
An offender, wilfully or otherwise, failing to pay the fine
ordered by the Court, shall be liable to undergo imprisonment
as provided under section 64 of the Indian Penal Code, 1860
Central Act 45 of
1860
Fines to be paid as
compensation to
the victim.
19.
(1) The fine realized as punishment for an offence under the
Act, shall be paid to the victim or his/her next of kin as
compensation by following the procedure as may be
prescribed.
(2) The compensation paid under sub-section (1) shall not
be compounded with any other compensation or
financial assistance which the State Government may
decide to pay as immediate relief to the victim and the
rehabilitation grant payable under section 28 of the Act
and under the Assam Victim Compensation Scheme,
2012.
Appeal.
20.
The aggrieved person may prefer an appeal before the High
Court as per the provisions of the Code.
Measures to
protect persons
from witch
hunting.
21.
(1) When a police officer receives information or a report
that witch hunting is likely to be committed or there are
reasonable grounds to suspect that witch hunting is
committed against a person, he shall forthwith proceed
to the place and shall take all suitable measures to
prevent the witch hunting and to provide protection to
the victim/likely victim including getting him/her
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admitted in the recognised protective or shelter home, in
case the person has no place for shelter.
(2) The police officer shall immediately remove or cause to
remove the person and the objects suspected or likely to
harm the victim/ likely victim. The police officer shall
verbally or in writing warn the person or persons
accused of having intention or attempting at committing
witch hunting to leave the place immediately and abstain
from inflicting any harm upon the victim/likely victim.
(3) In case the situation so warrants, the police officer may
cause arrest of the person or persons and take action in
accordance with section 151 of the Code. The person so
arrested shall be produced before the Executive
Magistrate of the area who shall proceed under the
relevant provisions of Chapter VIII of the Code.
(4) (i) Whenever offence against any person under the Act
is reported to the police officer, in whose jurisdiction
the offence is committed, the officer concerned shall
record the FIR and shall take action as per law. Any
failure to do so shall amount to a cognizable offence
against the concerned police officer and shall be dealt
with similar legal provision under the Criminal Law
Amendment Act, 2013.
(ii) Even if such an incident is reported to a police
officer belonging to an area outside the jurisdiction of
the area where the incident takes place, the said officer
shall record the FIR and take all necessary steps till the
case is transferred to the police station having
jurisdiction in the case.
(5) A police officer having the area of his/her jurisdiction
shall take necessary step to protect the person(s)
associated with social works/NGO(s), who organize
awareness programmes on witch hunting.
Central Act No.
of 2013
Special Provisions. 22.
(1) The State Government shall,-
(a) issue necessary guidelines from time to time, not
inconsistent with the provisions of this Act;
(b) take measures for sensitisation and training of all
stakeholders including officials and public regarding the
issue of witch hunting;
(c) ensure confidentiality during testimony of victim as
well as witnesses;
(d) grant adequate relief and compensation for victims
of witch hunting;
(e) provide rehabilitation mechanisms and schemes for
victims of witch hunting;
(f) provide counselling services for victims of witch
hunting;
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(g) increase public awareness through various schemes
to inform communities of the Act;
(h) take steps for launching of campaigns against witch
hunting through combined efforts of government,
administration, voluntary organisations, educational
institutions etc. especially in regions where the menace
is most rampant;
(i) take steps for organising Women's groups at village
level and drawing up creative plans in consultation with
such groups to enhance the self-confidence and
economic independence of vulnerable women in such
areas;
(j) Take appropriate measures to improve education and
health in such affected areas .
Obligation of
certain persons/
authorities to
report about the
commission of
offence under the
Act.
23.
(1) All Government functionaries and local bodies
including Panchayats and Village Council Development
Committees (VCDCs), Government Gaonburah as may
be specified by the Collector or the District Magistrate
in relation to any area and the inhabitants of such area
shall, if they have reason to believe or have the
knowledge that witch hunting is about to be, or has
been, committed in the area, shall forthwith report such
fact to the nearest police station and assist the police in
the execution of the provisions of this Act or any rule or
order made thereunder;
(2) Any Government official who contravenes the provision
of sub-section (1) shall be deemed to have committed
misconduct under the relevant service rules and liable
for departmental action or fine which may extend upto
Rs. 10,000/-.
Person convicted
to be disqualified
from inheriting
property of the
victim.
24.
Any person convicted of an offence under this Act, in
relation to the commission of witch hunting, shall be
disqualified from inheriting the property of the person
against whom such witch hunting has been committed.
Rescue of victim. 25.
(1) Where a Magistrate/Executive-Magistrate has reason to
believe from information received from the police or
from any other person authorised by State Government
in this behalf or otherwise, that any person has been
victimised in the name of witchcraft, he may direct a
police officer not below the rank of a sub-inspector to
enter such place, and to remove therefrom such person
and produce him/her before him.
(2) The police officer, after removing the person shall
forthwith produce him/her before the Magistrate issuing
the order.
Protective Homes
and Rehabilitation
Centres.
26.
The State Government may, in its discretion, establish as
many protective homes and rehabilitation centres under the
Act as it thinks fit and such homes and centres when
8
established shall be maintained in such manner as may be
prescribed.
Free medical
assistance to the
victims.
27.
The State Government shall provide free medical assistance
including medicines and other supportive system to victims
of witch hunting.
Rehabilitation
grant to the
victims or next of
kins.
28.
The State Government, as the case may be, shall provide for
rehabilitation grant to be paid to the victim or his/her next of
kin in such manner as may be as prescribed for the offences
committed against them under this Act and, for any other
offence/offences which has not been defined in the Act but
has been defined in other criminal laws, for the time being in
force.
Free legal services
to the aggrieved
person.
29.
The aggrieved person shall have right to free legal services
under the Legal Services Authorities Act, 1987 .
Central Act 39 of
1987
Section 438 of the
code not to apply
to persons
committing an
offence under the
Act.
30.
Nothing in section 438 of the Code shall apply in relation to
any case involving the arrest of any person on accusation of
having committed an offence under this Act.
Central Act 2 of
1974
Application of
certain provision
of the indian penal
code.
31.
Subject to other provisions of this Act, the provisions of
section 34, Chapter III, Chapter IV, Chapter V, Chapter V-A,
section 149 and Chapter XXIII of the Indian Penal Code,
1860 shall, so far as may be, apply for the purposes of this
Act as they apply for the purpose of the said Code.
Central Act 45 of
1960
Act to override
other laws.
32.
The provisions of this Act shall have effect, notwithstanding,
anything inconsistent therewith contained in any other State
law, custom or usage or any instrument having effect under
any law.
Protection of
action taken in
good faith.
33.
No suit, prosecution or other proceedings shall lie against the
Government or any officer or authority of the Government or
any other person for anything which is in good faith done or
intended to be done under this Act.
Power of State
Government to
make rules.
34.
(1) The State Government may, by notification in the
Official Gazette, make rules for carrying out the
purposes of this Act.
(2) In particular, and without prejudice to the generality of
the foregoing power, such rules may provide for all or
any of the following matters, namely:-
(i) procedure for payment of the compensation to the
victim as provided under section 19;
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(ii) manner of maintenance of protective homes and
rehabilitation centres under section 26;
(iii) manner in which the rehabilitation grant shall be
paid to victims of witch hunting under section 28;
(iv) any other matter which may be prescribed in
conformity with the Act.
(3) Every rule made under this section shall be laid as soon
as may be after it is made before the Assam Legislative
Assembly 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 of the
session immediately following the session or the
successive sessions aforesaid, the house agrees in making
any modification in the rule or that the rule should not be
made, the rule shall thereafter 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 under that rule.
S
.M. BUZAR BARUAH,
Commissioner & Secretary to the Government of Assam,
Legislative Department, Dispur, Guwahati-6.