LexThe KARNATAKA PREVENTION AND ERADICATION OF INHUMAN EVIL PRACTICES AND BLACK MAGIC ACT, 2017
Karnataka · state statute
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KARNATAKA ACT NO. 46 OF 2017
THE KARNATAKA PREVENTION AND ERADICATION OF INHUMAN EVIL PRACTICES AND
BLACK MAGIC ACT, 2017
Arrangement of Sections
STATEMENT OF OBJECTS AND REASONS
Sections:
1. Short title and commencement
2. Definitions
3. Prevention and eradication of inhuman evil practices and black magic
4. Offences by companies
5. Jurisdiction to try offences
6. Vigilance Officer
7. Powers of entry, search etc
8. Application of provisions of section 169 and 170 of the Karnataka Police Act.
9. Application of provision of the code
10. Act to be in addition to and not in derogation of any other law
11. Publication of fact of conviction
12. Awareness programme
13. Power to make rules
14. Power to amend the Schedule
15. Savings
16. Power to remove difficulties
Schedule
STATEMENT OF OBJECTS AND REASONS
Act 46 of 2017. - Considering the large public perception to bring an Act to
protect the common people in the society against evil and sinister practices and
to combat and eradicate other inhuman, evil sinister practices propagated and
performed in the name of so called supernatural or magical power or evil spirit
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, it is considered necessary to create healthy and safe social environment.
And it became necessary for the Gove rnment to take appropriate legal and social
measures to prevent such evil effects and harmful practices, usages etc., and
such other inhuman, evil and sinister practices and to save common people falling
prey to the sinister design of the black magicians and conmen who claims
possessing magical or miraculous remedies or powers and anti social harmful
activities to damage the very social fibre and beliefs of the common people in
scientific medical remedies and cures.
Hence the Bill.
[L.A. Bill No.37 of 2017, File No. Samvyashae 49 Shasana 2015]
[entries 23 and 26 of List III of the Seventh Schedule to the Constitution of India.]
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KARNATAKA ACT NO. 46 OF 2017
(First Published in the Karnataka Gazette Extra-ordinary on the 7th day of December, 2017)
THE KARNATAKA PREVENTION AND ERADICATION OF INHUMAN EVIL PRACTICES AND
BLACK MAGIC ACT, 2017
(Received the assent of Governor on the 6th day of December, 2017)
An Act to protect the common people in the society against evil and sinister practices and to
combat and eradicate inhuman, evil, sinister and practices propagated and performed in the name
of so called supernatural or magical power or evil spirit commonly known as black magic by
conmen with sinister motive of exploiting t he common people in the society . Further to bring
social awakening and awareness in the society and to create healthy and safe social
environment; and for matters connected there with or incidental there to;
Whereas number of incidents of exploitation of t he common people in the society because of
inhuman, evil, sinister practices, and black magic and evil spirit, at the hands of conmen, had
come to light and also to meet vide public perception to prevent and eradicate practice of Inhuman,
Evil and Sinister Practices and Black Magic in the State;
And whereas for the reasons stated above it became necessary for the Government to take
appropriate legal and social measures to prevent such evil effects and harmful practices, usages,
black magic and such other in human, evil, sinister practices and to save common people from
falling prey to the sinister design of the black magicians and conmen whose false claims of
possessing magical or miraculous remedies or powers and anti social harmful activities to damage
the very social fibre and beliefs of the common people in scientific medical remedies and cures.
Be it enacted by the Karnataka Legislature in the Sixty -eighth year of Republic of India as
follows:-
1. Short title and commencement.- (1) This Act may be called the Karnataka
prevention and eradication of inhuman evil Practices and Black Magic Act, 2017.
(2) It shall come into force on such date as the State Government may, by notification in
the Official Gazette appoint.
2. Definitions.- (1) In this Act, unless the context otherwise requires,-
(a) "Code" means the code of criminal procedure 1973 (Central Act 2 of 1974) ;
(b) "Government" means Government of Karnataka;
(c) "Inhuman, evil practices and black magic" means the commission of any act, specified
in the schedule, by any person by himself or caused to be committed through or by
instigating any other person;
(d) "Offender" means any person who has contravened any of the provision of this Act or
has committed any act constituting an offence specified in the S chedule;
(e) "Person " means and includes an Individual male, female or a transgender or a
company or association or body of individual whether incorporated or not.
(f) "Propagate" means issuance or publication of advertisement, literature, articles or
book relating to inhuman, evil practices and black magic and includes any form of
direct or indirect help, abetement, participation or co -operation with regard to
inhuman, evil practices and black magic;
(g) "Schedule" means the Schedule appended to this Act;
(h) "Victim" means a person who is gravely harmed or injured physically or mentally,
exploited financially or sexually or whose dignity is offended by the commission of an
offence under this Act;
(2) Words and expression s used but not defined herein, shall have respective meanings as
assigned to them in the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954
(Central Act 21 of 1954) and the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) or in
any other law for the time being in force.
3. Prevention and eradication of inhuman evil practices and black magic. - (1) No
person shall himself or through any other person commit, promote, propagate or practice or
cause to promote, propagate or pra ctice inhuman, evil practices and black magic specified in the
schedule.
(2) From the date of commencement of this Act, Commission of any act of inhuman, evil
practices and black magic and any advertisement, practice, propagation or promotion of
inhuman, evil practices and black magic in violation of provision of this Act by an y person by
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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 one year 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:
Provided that, as a consequence of offence under this Act if death of the victim occurs,
the offender, shall be deemed to have committed an offence of murder as defined in Section 300
of Indian penal code, 1860 (Central Act 45 of 1860) and shall be punishable under section 302 of
the said code or if such act has endangered life of the victim or has resulting in injury to any
person, the offender shall be deemed to be guilty of having committed an offence of attempt to
murder as defined under Section 307 of the Indian penal code, 1860 (Central Act 45 of
1860) and shall be punishable accordingly or if consequence of such offence, the victim
commits suicide, then the offender shall be deemed to have abetted commission of suicide, as
defined and punishable under Section 306 of Indian penal code, 1860 (Central Act 45 of
1860) and shall be punishable accordin gly.
(3) Whoever abets the commission or attempt 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) Consent of the victim shall not be a defense under this section.
(5) The offence punishable under sub-section (2), shall be cognizable and non-bailable.
4. Offences by companies. - (1) If the person committing an offence under this Ac t is a
company whether incorporated or not, the company as well as every person in charge of, and
responsible to the company for the conduct of its business at the time of commission of the offence
shall be deemed to be guilty of the offence and shall be l iable to be proceeded against and punished
accordingly:
Provided that, nothing contained in this sub -section shall render any such person liable to
any punishment under this Act if he proves that the offence was committed without his knowledge or
that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub -section (1), where an offence under this Act
has been committed by a company and it is proved that the offence has been committed with t he
consent or connivance of or that the commission of offence is attributable to any neglect on the part
of any director, manager, secretary or other officer of the company, such director, manager, secretary
or other officer shall also be deemed to be guil ty of that offence and shall be liable to be proceeded
against and punished accordingly.
Explanation: - For the purpose of this section,-
(a) “Company” means any body corporate and includes a firm or other Association of
individuals; and
(b) “Director”, in relation to a firm means a partner in the firm.
5. Jurisdiction to try offences. - No court inferior to that of a Metropolitan Magistrate or
judicial Magistrate of a First Class shall try any offence punishable under sub -section (2) of
section 3 but the offences punishable under this Act referred to in the proviso to sub -section (2)
of section 3 shall be triable only by the court of session and the procedure under the code for
trial of such cases shall mutatis mutandis apply.
6. Vigilance Officer. - (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 the police inspector.
(2) It shall be the duty of the vigilance officer, -
(i) to detect and prevent the contravention or violation of the provision 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 jurisdiction and upon filing of
complaint to the police station by any victim or member of his family to ensure due
and speedy action thereon and to give necessary advice, guidance and help
to 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; and
(iii) to discharge such other functions as may be assigned to him from time to time by
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the State Government by general or special order issued in this behalf.
(3) Any person who obstructs the discharge of 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 extended to three months or with fine which may be extended to fi ve thousand
rupees or with both.
(4) The vigilance officer shall be deemed to be a public servant within the meaning of
section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860).
7. Powers of entry, search etc.- (1) Subject to 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 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 consider
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 believed that same has
been or is being used for any act or thing which is in contravention of the provisions of
this Act; and
(iii) examine any record document or material object found in any place mentioned in clause
(1), and seize the same, if, he has reason to beli eve 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 m ade under the authority of warrant
issued under section 94 of the code.
(3) Where any person seizes anything under clause (ii) or (iii) of sub -section (1), he shall as soon
as may be inform to Magistrate and take his orders as to the custody thereof.
8. Application of provisions of section 169 and 170 of the Karnataka Police Act. - The
provisions of section 169 and 170 of the Karnataka Police Act, 1963 (Karnataka Act 4 of 1964)
shall apply to acts done in good faith by the vigilance of ficers under this Act as if the vigilance
officer is a police officer within the meaning of that Act.
9. Application of provision of the code. - The provisions of the code shall apply to the
investigation and trial of offences under this Act.
10. Act to be in addition to and not in derogation of any other law.- The provisions of this
Act shall be in addition to and not in derogation of any other law for the time being in force.
11. Publication of fact of conviction. - (l) 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 news papers
where such offence is taken place together with the fact that such offender had been convicted
under this Act and such other particulars as court deem fit and appropriate to be allowed to be
published.
(2) No such publication under sub -section (1), shall be made u ntil the appeal, if any, filed
against such order of conviction is finally disposed of.
12. Awareness programme. - The Government may under take the awareness programme
to bring awareness in the society about the ill -effects of inhuman, evil practices and black magic
and to provide proper medical relief to the injured victims in Government hospitals through
appropriate ways and authorities as may be prescribed .
13. Power to make rules. - (1) The State Government may, by notification and after previous
publication, in the official Gazette 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 o f 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 of the
session in which it is so laid or the session immediately following, both Houses agree in making
any modification in the rule or both Houses agree that the rule should not be made; and notify
their decision to the effect in the official Gazette, the rule shall from date of publication of such
decision in 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.
14. P ower to amend the Schedule. - (1) The State Government may by notification
published in the Official Gazette add, amend or alter the schedule.
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(2) Every such notification issued under sub -section (1), shall laid before each house of the
State Legislature.
15. Savings.- (1) For the removal of the doubt it is here by declared that nothing in this Act
shall apply in respect of the following, namely:-
(i) The form of the worship such as pradakshina, Yatra, parikrama, performed at any religious
spiritual places.
(ii) Harikatha, Keerthana, Pravachana, Bhajana, teaching of ancient and traditional learnings
and arts, practice, propagation and circulation thereof.
(iii) to state about the miracles of the 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.
(iv) the performance of prayers, upasana and all religious rituals at the places such as
home, temple, dargha, gurud wara, pagoda, church and other religious places which do not
cause physical injury.
(v) All religious celebrations, festivals, prayers, procession and any other act relating thereto
and all other rituals.
(vi) Piercing of ears, nose of children and heated brandin g in accordance with rituals and
performance of religious ritual such as Keshlochan by the Jains.
(vii) The advice in regard to vashthushashtra, advice by jyothishya and other astrologers.
(viii) Any traditional religious rites and acts except those mentioned above which State
Government may notify by notification in Official Gazette.
(2) Every notification issued in pursuance of clause (viii) of
sub-section (1), shall be laid as soon as may be before each house of the State Legislature.
16. Power to remove difficulties.- (1) If any difficulty arises in giving effect to the provisions
of this Act, the State Government may, by 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 for
removing the difficulty.
(2) Every order made under this section shall be laid, as soon as may be after it is made,
before each House of the State Legislature.
SCHEDULE
SEE SECTION 2(1)(g)
(1) Performing any inhuman, evil act and black magic in search of precious things, bounty
and hidden treasure for similar reasons in the name of such as banamathi, Mata- Mantra,
assaulting any person, parading naked or put a ban on his daily activities or instigate
advice or encourage committing of such inhuman acts.
(2) To create an impression by declaring that a power inapprehensible by senses has
influenced one's body or that a person has possessed such power thereby create fear in
the minds of others or to threaten others of evil consequences for not following the
advice of such person or deceive defraud and deter him.
(3) Under the pretext of expelling the ghost, assaulting by tying the person with rope or
chain, beating by stick or whip to make the person drink foot wear soaked water, giving
chilli smoke hanging a person to roof fixing with rope or by a hair or pluck 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, practice inhuman acts, putting urine or human
excreta forcibly in the mouth of a person or practice any such acts.
(4) By making the persons believe that a particular person practices banamathi, Mata-
Mantra black magic or brin gs under the influence of ghost or diminishes the milking
capacity of a cattle by mantra- 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
saithan or incarnation of saithan.
(5) To create a panic in the minds of public in general by way of invoking ghost or mantras or
threaten to invoke ghost creating an impressing that there is ghostly or warth of power
inapprehensible by senses causing physical injuries and preventing a person taking
medical treatment, instead diverting him to practice inhuman evil and aghory acts or
treatment threatening a person with a death or causing physical pains or causing
financial loss by practicing or tend to practice black magic or inhuman act.
(6) Claiming to perform surgery by fingers or claiming to change the sex of a foetus in womb
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of a woman.
(7) To create an impression that special supernatu ral 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.
(8) Persuading, propagating or facilita ting rituals that involve self -inflicted injuries such as
hanging from a hook: inserted into the body (sidi) or pulling a chariot by a hook inserted
into the body;
(9) Persuading, propagating or facilitating rituals involving harm inflicted on chil dren
in the name of curing them, such as throwing them on thorns or from heights;
(10) Practicing evil practices against women by forcing isolation, prohibiting re- entry into
the village or facilitating segregation of menstruating or postpartum women; and
subjecting women to inhuman and humiliating practices such as parading them naked
in the name of worship or otherwise, such as "betthale seve";
(11) Forcing any person to carry on evil practices such as killing of an animal by biting its
neck (gaavu), that cause harm to public health nuisance.
(12) Facilitating any person or persons to roll over (urulu seve) on the leaves of left over food
by other persons in any public or/and religious places, or similar practices that violate
human dignity.
(13) Coersing any person or persons to perform fire -walk at the time of jatras and Religious
festivals, causing physical injury.
(14) The practice of piercing from rods from one side of, jaw to another side of the jaw
including the tounge i.e., "baibiga" practice.
(15) Pelting of stones in the name of Banamathi, Mata- Mantra and mantra- tantra on the
residential houses during night or day.
(16) Prohibiting and preventing a person from taking medical treatment in case of dog, snake
or scorpion bite and instead of giving him treatment like mantra-tantra, ganda -dora or
such other things.
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Gazette under clause (3) of Article 348 of the Constitution of India.
VAJUBHAI VALA
GOVERNOR OF KARNATAKA
By Order and in the name of the Governor of Karnataka
K. DWARAKANATH BABU
Secretary to Government
Department of Parliamentary Affairs