The Gujarat Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act,2024.

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IV- Ex.-10 10-1

Extra No. 10
©
The Gujarat Government Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Vol. LXV ] MONDAY, SEPTEMBER 2, 2024 / BHADRA 11, 1946
Separate paging is given to this part in order that it may be filed as a Separate Compilation.

PART IV

Acts of Gujarat Legislature and Ordinances promulgated and Regulations
made by the Governor.

The following Act of the Gujarat Legislature, having been assented to by the Governor
on the 31st August, 2024 is hereby published for general information.
K. M. LALA,
Secretary to the Government of Gujarat,
Legislative and Parliamentary Affairs Department.
GUJARAT ACT NO. 8 OF 2024.
(First published, after having received the assent of the Governor, in the “Gujarat
Government Gazette”, on the 2nd September, 2024).
AN ACT
to bring social awakening and awareness in the society and to create a healthy and safe
social environment with a view to protecting 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 t herewith or
incidental thereto.
It is hereby enacted in the Seventy-fifth Year of the Republic of India as follows: -

10-2 GUJARAT GOVERNMENT GAZETTE, EX. 02-09-2024 [ PART IV

1. (1) This Act may be called the Gujarat Prevention and Eradication of Human Sacrifice
and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2024.
(2) It extends to the whole of the State of Gujarat.
(3) It shall come into force on such date as the State Government may, by notification
in the Official Gazette, appoint.
2. (1) In this Act, unless the context otherwise requires:-
(a) "human sacrifice and other inhuman, 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;
(b) "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 co-operation with regard to human
sacrifice and other inhuman, evil and Aghori practices and black magic;
(d) "rules" means the rules made under this Act;
(e) "Sanhita" means the Bharatiya Nagarik Suraksha Sanhita, 2023.
(2) Words and expressions used but not defined herein, shall have respective
meanings as assigned to them in the Drugs and Magic Remedies (Objectionable
Advertisement) Act, 1954 and Sanhita.
3. (1) No person shall either himself or through any other person commit, promote,
propagate or practice or cause to promote, propagate or practice human sacrifice
and other inhuman, evil and Aghori practices and black magic mentioned or
described in the Schedule appended to this Act.
(2) The 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 fine which shall not be less than five thousand
rupees but which may extend to fifty thousand rupees.
(3) Whoever abets the commission of, or attempt s 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 su b-section (2) shall be cognizable and
non-bailable.
Short title,
extent and
commencement.
Definitions.
Prevention and
eradication of
human sacrifice
and other
inhuman, evil and
Aghori practices
and black magic.
21 of 1954.
46 of 2023.
PART IV ] GUJARAT GOVERNMENT GAZETTE, EX. 02-09-2024 10-3
4. The Judicial Magistrate of First Class shall try any offence punishable under section 3.
5. (1) The State Government may, by notification in the Official Gazette, and 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 Police Inspector.
(2) It shall be the duty of a Vigilance Officer,-
(i) to detect and prevent the contravention or violation of the provisions of this
Act and the rules made there under, 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 c omplaint 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 p ersons 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 within the meaning
of clause (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023.
6. (1) Subject to the general or special orders issued in this behalf by the State
Government, from time to time, the Vigilance Officer may, within the local limits
of the area of his jurisdiction, with the assistance of the 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;
(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 a ny 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 Sanhita 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 97 of the Sanhita.
Powers of entry,
search, etc.
Jurisdiction to
try Offences.
45 of 2023.
Vigilance
Officers.
10-4 GUJARAT GOVERNMENT GAZETTE, EX. 02-09-2024 [ PART IV

(3) Where any person seizes anything under clause (ii) or (iii) of sub -section (1), he
shall, as soon as may be, inform the Magistrate and take his orders as to the custody
thereof.
7. The provision of sections 159 and 160 of the Gujarat Police Act, 1951 shall apply to
acts done, in good faith by the Vigilance Officer under this Act, as if the Vigilance
Officer is a Police Officer within the meaning of that Act.
8. The provisions of the Sanhita shall apply to the investigation and trial of offences under
this Act.
9. The provisions of this Act shall be in addition to and not in derogation of any other law
for the time being in force.
10. (1) Where any person is convicted of any offence punishable under this 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, and subject to the
condition of previous publication, make rules to carry out the purposes of this Act.
(2) All rules made under this section shall be laid for not less than thirty days before the
State Legislature as soon as may be they are made, and shall be subject to rescission
by the State Legislature or to such modification as the State Legislature may make,
during the session in which they are so laid or the session immediately following.
(3) Any rescission or modification so made by the State Legislature shall be published
in the Official Gazette, and shall thereupon take effect.
12. (1) For the removal of doubt, it is hereby declared that nothing in this Act shall apply
in respect of the following, namely:-
(a) the form of worship such as pradakshina, yatra, parikrama performed at any
religious or spiritual places, as also Varis of Varkari sect and other Varis;
(b) Haripath, Kirtan, Pravachan, Bhajan , teaching of ancient and traditional
learnings and arts, practice, propagation, circulation thereof;
(c) 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;
(d) the performance of prayers, Upasana and all religious rites at the places such
as home, temple, dargah, gurudwara, pagoda , church or other religious
places which do not cause physical injury or financial loss;
(e) all religious celebrations, festivals, prayers, procession and any other act
relating thereto, invoking the spirit, Kadaklakshmi, Vratvaikalye, Upavas ,
calling of Nawas, calling of Mannat, Moharram procession and all other
religious rituals;
Publication of
fact of
conviction.
Application of
provisions of sections
159 and 160 of
Gujarat Police Act.
Application of
provisions of
Sanhita.
Power to make
Rules.
Saving.
Act to be in addition
to and not in
derogation of any
other law.
Bom. XXII of
1951.
PART IV ] GUJARAT GOVERNMENT GAZETTE, EX. 02-09-2024 10-5
(f) piercing of ears and nose of children in accordance with religious rituals,
performance of religious rituals such as Keshlochan by the Jains;
(g) the advice in regard to Vastushastra, advice by Joshi-Jyotishi, Nandibailwale
Jyotishi and other astrologers and in regard to source of groundwater;
(h) any traditional religious rites and acts except those mentioned above, which
the State Government may, by notification in the Official Gazette, specify.
(2) Every notification issued in pursuance of clause (h) of sub-section (1) shall be laid, as
soon as may be, before the State Legislature.
13. (1) If any difficulty arises in giving effect to the provisions of this Act, the
Government may, within a period of two years from the commencement of this
Act, by an order published in the Official Gazette , make such provisions not
inconsistent with the provisions of this Act, as may appear to it to be necessary or
expedient for removal of difficulty.
(2) Every order made under this section shall be laid, as soon as may be after it is
made, before the House of the State Legislature.
SCHEDULE
(See section 2(1)(a))
(1) Under the pretext of expelling the ghost, and Dakan (witch) practice 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,
practicing inhuman acts, putting urine 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 earning money; and to deceive,
defraud and terrorise people by propagation and circulation of so-called miracles.
(3) With a view to receiving blessings of supernatural power, to follow the inhuman, 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 re asons in the name of karni, bhanamati
and making or trying to make human sacrifice in the name of jaran-maran or likewise
or to advice, instigate, or encourage committing such inhuman acts.
(5) To create an impression by declaring that a power inapprehen sible by senses has
influenced Ones 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
mantra-tantra or similarly accusing a particular person that, he brings misfortun e to
Power to
remove
difficulties.
Government Central Press, Gandhinagar.
10-6 GUJARAT GOVERNMENT GAZETTE, EX. 02-09-2024 [ PART IV

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 of jaran-maran, karni or chetuk, assaulting any pe rson, 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, witch or
mantras, or threaten to invoke ghost, witch, creating an impression that there is
ghostly or wrath o f a power inapprehensible by senses causing physical injuries and
preventing a person from taking medical treatment and instead diverting him to
practice inhuman, evil and Aghori acts or treatment, threatening 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 in other illness instead giving him treatment like mantra-
tantra, ganda-dora or such other things.
(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 in 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 other.
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