The Odisha Prevention of Witch-Hunting Act, 2013.

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DEPARTMENT OF LAW
The 25th February, 2014
NOTIFICATION
No. 2096 I-Legis-20/2013/L- The following Act of the Odisha Legislative
Assembly having been assented to by the Governor on the 15th February, 2014
is hereby published for general information:–
ODISHA ACT 3 OF 2014
AN ACT TO PROVIDE FOR EFFECTIVE MEASURES TO TACKLE
THE MENACE OF WITCH HUNTING AND TO PREVENT THE PRAC-
TICES OF WITCH CRAFT IN THE STATE OF ODISHA AND FOR
MATTERS CONNECTED THEREWITH AND INCIDENTAL THERETO.
BE it enacted by the Legislature of the State of Odisha in the Sixty-
fourth Year of the Republic of India as follows: -
1.(1) This Act may be called the Odisha Prevention of Witch-hunting
Act, 2013.
(2) It extends to the whole of the State of Odisha.
(3) It shall come into force on such date as the State Government
may, by notification,appoint.
2. In this Act, unless the context otherwise requires, —
(a) “Witch” means a woman, locally known as “Dahani’, “Dayan”
or otherwise, who has been identified by any person or persons
believing her to be in possession of, or is having, any evil power
for causing any harm to any person or his property;
(b) “Witch craft” means use of supernatural or magical power with
evil intention to call up spirit or cast spell or discover the
whereabouts of stolen goods and includes such other similar
practices which are locally known as ‘Guni’, ‘Jhada phunka’, ‘Cot
Bidya’, ‘Bata Bidya’, ‘Kula Bidya’, ‘Nakha Darpana’ or by any other
name;
* Published by Odisha Gazette Extraordinary No. 434, dt. 25.02.2014.
The Odisha   Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 434 Dated. 25 February, 2014
 Short title,
extent and
commencement-
Definitions
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(c)“Witch-doctor” means a person who claims to be a Gunia,
Tantrik, Kalisi or by any other name called and claims or is believed
to be having supernatural or magical power to control or to cure a
witch or by performing rituals to free a woman from evil spirit or
bless a woman with a child or performs any ritual on behalf of any
person with an intention to harm a person;
(d) “Witch- hunting” means any act of omission, commission or
conduct on the part of any person,—
(i) identifying, accusing or defaming a woman as a witch, or
(ii) harassing, harming or injuring such woman whether mentally
or physically or damaging her property.
3.  No person shall commit witch-hunting or exercise or practise witch
craft with intent to cause harm or injury to another person.
4. (1) Whoever, except in the cases provided for in sub-section (2),
commits witch-hunting, or abets, or provokes for witch hunting, shall be punishable
with imprisonment for a term which may extend to three years or with fine but
which shall not be less than one thousand rupees or with both.
(2) Whoever forces any woman, branding her as witch, to drink or eat
any inedible substance or any other obnoxious substance or parade her with
painted face or body or commits any similar acts which is derogatory to human
dignity or displaced from her house, shall be punishable with imprisonment for a
term which shall not be less than one year but may extend to five years and with
fine.
5.  Whoever practises witch craft or other similar practices with intent to
cause harm or injury to any person shall be punishable with imprisonment for a
term which shall not be less than one year but which may extend to three years
or with fine which shall not be less than five thousand rupees or with both.
6.Whoever performs any practice as witch doctor knowingly that such
practices shall cause harm or injury to the person upon whom such practices is
being performed, shall be punished with imprisonment for a term which shall not
be less than one year but may extend to three years or with fine which shall not
be less than five thousand rupees or with both.
7. Whoever, having already been convicted of an offence punishable
under this Act, is convicted for the second offence or any offence subsequent to
second offence, shall be punishable with imprisonment for a term which shall
not be less than three years but may extend to seven years and with fine which
shall not be less than ten thousand rupees.
8.  The provisions of this Act shall be in addition to, and not in derogation
of, the provisions of any other law for the time being in force.
Prohibition of
witch-hunting
and practising
witch craft
Penalty for
witch hunting
Penalty for
witch craft
 Penalty for
witch-doctor
 Enhancement
of the
punishment
Act not in
derogation of
any other law
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9.  (1) Where a sentence of fine is imposed under sections 4,5,6 and 7
the Court shall, in fixing the amount of fine, take into consideration the physical
and mental damage caused to the victim including any cost of treatment and
also damage, if any, caused to the property.
(2) When a Court imposes sentence of fine, the court shall while pass-
ing judgment, order the whole or part of the fine recovered to be awarded as
compensation to the victim.
10.  Every offence under this Act shall be cognizable and non-bailable.
11. The State Government may make one or more schemes to conduct
awareness programme on blind belief and educate people about the absurd
concept of evil spirit, witch craft and for such other matters as the State
Government may deem proper.
___________
Order for
compensation
Offence to be
cognizable and
non-bailable-
Preventive action to
be taken by the
State Government-

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