LexThe Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013
Maharashtra · state statute
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THE MAHARASHTRA PREVENTION AND ERADICATION OF HUMAN
SACRIFICE AND OTHER INHUMAN, EVIL AND AGHORI
PRACTICES AND BLACK MAGIC ACT, 2013
[Text as on 17th May 2024]
_________________
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 of provisions of sections 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.
10. Publication of fact of conviction.
11. Rules.
12. Savings.
13. Repeal of Mah. Ord. XIV of 2013 and saving.
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Sacrifice and Other Inhuman, Evil and Aghori
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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.]
[This Act received the assent of the Governor on the 20th December 2013; assent was first
published in the Maharashtra Government 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 str ingent social and legal measur es 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 of possessing 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 in 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 circumstanc es existed which
rendered it necessary for him to take immediate action to make a law for the purposes aforesaid; and,
therefore, promulgated the Maharashtra Prevention and Eradication of Human Sacrifice and other
Inhuman, Evil and Aghori Practices and Bla ck Magic Ordinance, 2013 (Mah. Ord. XIV of 2013) , on
the 26th August 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 :-
1. Short title, extent and commencement. — (1) This Act may be called the Maharashtra
Prevention and Eradication 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.
2. Definitions.— (1) In this Act, unless the context requires otherwise,—
(a) “Code” means the Code of Criminal Procedure, 1973 (2 of 1974) ;
(b) “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 ;
(c) “prescribed” means prescribed by rules made under this Act ;
1 For Statement of Objects and Reasons (in English) of the L. A. Bill No. 35 of 2013, see Maharashtra Government
Gazette, Extraordinary No. 34, Part V-A, dated the 11th December 2013, pages 8-9.
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(d) “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 in the Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954 (21 of
1954) and the Code.
3. Prevention and eradication of human sacrifice and other inhuman, evil and aghori
practices and black magic.— (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) 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 f ine which shall not be less than five thousand rupees but
which may extend to fifty thousand rupees.
(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 th at 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 non-bailable.
4. Jurisdiction to try offences. — 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.
5. 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 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 impri sonment for a
term which may extend to three months or with fine, which may extend to five thousand rupees or with
both.
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(4) The Vigilance Officer shall be deemed to be a public servant within the meaning of section 21
of the Indian Penal Code (45 of 1860).
6. Powers of entry , search, etc. — (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 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 seizur e 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.
(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. Application of provisions of sections 159 and 160 of Maharashtra Police Act. — The
provision of sections 159 and 160 of the Maharashtra Police Act (XXII of 1951) , shall apply to acts
done in good faith by the Vigilance Officer under of this Act, as if the Vigilance Officer is a Police
Officer within the meaning of that Act.
8. Application of provisions of Code. — The provisions of the Code shall apply to the
investigation and trial of offences under this Act.
9. 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.
10. Publication of fact of conviction. — (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 o ffence 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. Rules.— (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) 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 of the 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 should not b e 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. Savings. — (1) For the removal of doubt, it is hereby declared that nothing in this Act shall
apply in respect of the following, namely :—
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(1) The form of worship such as pradakshina, yatra, Parikarma performed at any religious
or spiritual places, as also Varis of Varkari sect and other Varis.
(2) Haripath, Kirtan, Pravachan, Bhajan, teaching of an cient and traditional learning's and
arts, practice, propagation, 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, dargah, gurudwara, pagoda, church on other religious places which do not cause physical
injury or financial loss.
(5) All religious celebrations, festivals, prayers, pr ocession and any other act relatin g
thereto, invoking the spirit, Kadaklakshmi, Vratvaikalye, Upavas, callin g of Nawas, calling of
Mannat, Moharram 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 Jains.
(7) The advice in regard to vastushastra, 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.
13. Repeal of Mah. Ord . XIV of 2013 and saving. — (1) The Maharashtra Prevention and
Eradication of Human S acrifice and other Inhuman, Evil and Aghori Practices and Black Magic
Ordinance, 2013 (Mah. Ord. XIV of 2013), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken (including any notification or
order issued) under the co rresponding 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.
SCHEDULE
(See section 2 (1) (b))
(1) Under the pretext of expellin g 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,
practicing in human 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 terrorize people by propagation and circulation of so- called miracles.
(3) With a view to receive blessings of sup ernatural power, to follow the in human, 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, bhanamati and making or trying to
make human sacrifice in the name of jaran-maran or the like, or to advice, instigate or encourage
committing such inhuman acts.
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(5) To create an impression by declaring that a power inapprehensible by senses has in fluenced
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 mil ching capacity o f 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 saitan or incarnation of saitan.
(7) In the name of jaran-maran, 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 genera l by way of invoking ghost or mantras, or
threaten to invoke ghost, creating an impression that there is ghostly or wrath of a pow er
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 o r
scorpion bite and 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 others.