The Assam Witch Hunting (Prohibition, Prevention and Protection) Act, 2015

- W  / c O A Registered No.-768/97
THE ASSAM GAZETTE
EXTRAORDINARY  
a t $  sw P r®
PUBLISHED BY THE AUTHORITY
• J ®  340 30 'Spl, 2018, 9 ^ H ,  1940 (W )
No. 340 Dispur, Saturday, 30th June, 2018, 9th Asadha, 1940 (S. E.)
GOVERNMENT OF ASSAM
ORDERS BY THE GOVERNOR
LEGISLATIVE DEPARTMENT :  :  : LEGISLATIVE BRANCH
NOTIFICATION
The 29th June, 2018
No. LGL.73/2014/235.- The following Act of the Assam Legislative Assembly 
which received the assent of the President on 13th June, 2018 is hereby published for general 
information.
ASSAM 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

2582 THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 30, 2018
Preamble
Short title, 
extent and 
commencement
Definitions
AN
ACT
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 . ;ctims 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
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.
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;
(b) “ code" means the Code of Criminal Procedure, 
1973;
(c) “prescribed" means prescribed by rules made 
under this Act;
Central
Act 2 of
1974

THEASSAM GAZETTE, EXTRAORDINARY, JUNE 30, 2018 2583
Prohibition of 
witch hunting
Punishment for 
identifying, 
calling etc as 
witch and for 
abetment
(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.
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.
4. Whoever,-
(i) identifies, calls, stigmatizes, defames or 
accuses either by words, signs, indications, 
conducts, actions or any other manner, any 
person as witch,
(li) 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
Central
Act 45 of
1860

2584 THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 30, 2018
b u t can extend up to a term  of seven years and 
with fine, which shall not be less than Rs. 
5 0 ,0 0 0 /- but which may extend to Rs. 
5 ,0 0 ,0 0 0 /-
Punishment for 
causing death
5. Whoever, a ssa u lts or uses crim inal force or causes 
a ssa u lt or use of criminal force against a person 
accusing h im /h e r to be a witch, resulting in h is/h e r 
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, intim idates a person identifying, calling, 
stigm atising, defaming or accusing h im /h e r a witch 
and does any act leading or compelling the person to 
com m it suicide shall be punished with im prisonm ent 
for a term which shall not be less than seven years 
b u t which may extend to im prisonm ent for life and 
with fine which shall not be less than Rs. 1,00,000/- 
b u t which may extend to Rs. 5,00,000/-.
Punishment for 
use of criminal 
force 
identifying, 
calling etc. as 
witch
7. Whoever, identifying, calling, stigm atizing, defam ing 
or accusing any person as witch, u ses crim inal force 
against th a t person a n d /o r instigates or provokes 
o thers in doing so with intent to harm  a n d /o r to 
displace the person from the house, place or the 
property, lawfully occupied or owned by h im /h e r or 
interferes with h is/h e r rights over any land or 
prem ises or to coerce h im /h e r to leave the area of 
w hich h e /s h e  is a rightful owner, resident or a 
visitor, shall be punished with im prisonm ent for a 
term  which shall not be less th an  five years but 
which m ay 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, stigm atizing, defam ing 
or accusing any person as witch, a ssa u lts or uses 
crim inal force against a person to remove or causes 
to remove clothes from h is /h e r body and 
dem onstrates and parades h im /h e r naked or with 
such scanty clothes th at fail to protect h is /h e r 
m odesty, shall be punished with im prisonm ent for a 
term  w hich shall not be less th an  five years bu t 
w hich may extend to ten years and with fine which 
shall not be less than Rs. 10,000/- b u t which may 
extend to Rs. 5 0,000/-.

THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 30, 2018 2585
Punishment for 
some forms of 
torture
Punishment for 
damaging 
reputation, 
dignity etc.
Punishment for 
attributing 
misfortune
Punishment for 
causing 
disappearance 
of evidence
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 
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/-.
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/-.
11. Whoever, identifies, calls, stigmatizes, defames or 
accuses a person as witch and blames that person of 
any misfortune that befalls his villagc/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/-.
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

2586 THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 30, 2018
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 4 5  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.
Punishment for 
community 
involvement
15.
Constitution of 16.
Special Courts, 
their powers, 
functions and 
procedures
Offences to be 
cognizable, non- 17. 
bailable and 
non-compoundable
(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.
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.
(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..
Every offence under this Act shall be cognizable, 
non-bailable and non-compoundable within the 
meaning of the Code.

THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 30, 2018 2587
Punishment for 
non-payment of 
fine
Fines to be paid 
as 
compensation 
to the victim
Appeal
Measures to 
protect persons 
from witch 
hunting
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
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.
20. The aggrieved person may prefer an appeal before 
the High Court as per the provisions of the Code.
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 
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.
Act No. 
of186C

2588 THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 30, 2018
Special 
Provisions
(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.
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;
(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- 
confidcnce and economic independence of 
vulnerable women in such areas;
Central 
Act No. 
of 2013

THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 30, 2018 2589
(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.
Person 
convicted to be 
disqualified 
from inheriting 
property of the 
victim
Rescue of victim
Protective 
Homes and 
Rehabilitation
Centres
(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/-.
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.
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.
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 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.

2590 THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 30, 2018
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
Section 438 of 
the Code not to 
apply to 
persons 
committing an 
offence under 
the Act 
Application of 
certain 
provisions of 
the Indian Penal 
Code
29. The aggrieved person shall have right to free legal Central 
services under the Legal Services Authorities Act, Act 39 
1987. of 1987
30. Nothing in section 438 of the Code shall apply in Central 
relation to any case involving the arrest of any A ct 2 of 
person on accusation of having committed an offence ^74 
under this Act.
Act to override 
other laws
Protection of 
action taken in 
good faith
Power of State 
Government to 
make rules
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 X X III 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.
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.
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.
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;
(ii) manner of maintenance of protective homes 
and rehabilitation centres under section 26;
Central
Act 45 
of 1960

THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 30, 2018 2591
(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 
conformity7 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. BL’ZAR BARE AH,
Commissioner & Secretary to the Government of Assam, 
Legislative Department, Dispur, Guwahati-6.
Guwahati: Printed and Published by the Dy. Directors (P & S), Directorate of Printing & Stationery, Assam, Guwahati-21 .
Extraordinary Gazette No. 679 - 200 10 - 30 - 06- 2018. (visit at- dpns.assam.gov.in)

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