In India, “black magic”, “witchcraft”, or “sorcery” are not specifically defined or uniformly penalized under a single central law. However, several state laws and general penal provisions under the Indian Penal Code (IPC) address offences involving superstition, occult practices, and exploitation in the name of black magic.
Here’s a detailed overview:
⚖️ 1. No Central Law Specifically on Black Magic
There is no uniform national legislation in India banning black magic. However, acts done in the name of black magic that cause harm, cheating, intimidation, or death can be punished under existing provisions of the Indian Penal Code, such as:
| Relevant IPC Section | Description | Punishment |
|---|---|---|
| Sec. 302 | Murder (if ritual killing or sacrifice is involved) | Death or life imprisonment |
| Sec. 304 | Culpable homicide not amounting to murder | Up to 10 years or life imprisonment |
| Sec. 420 | Cheating or dishonestly inducing delivery of property (by pretending to perform magic, healing, etc.) | Up to 7 years + fine |
| Sec. 508 | Act caused by inducing belief in witchcraft, divine displeasure, etc. | Up to 1 year + fine |
| Sec. 295A | Deliberate acts to outrage religious feelings | Up to 3 years + fine |
| Sec. 509 | Insult to the modesty of a woman, if done in the name of rituals | Up to 3 years + fine |
🏛️ 2. State-Specific Anti–Black Magic and Superstition Laws
Because superstition-related crimes are often region-specific, many Indian states have enacted their own laws to prevent exploitation and violence caused by black magic and witchcraft beliefs.
(a) Maharashtra
-
The Maharashtra Prevention and Eradication of Human Sacrifice and Other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013
-
Prohibits human sacrifice, claiming to perform miracles, and acts intended to exploit others through superstition.
-
Punishment: Imprisonment up to 7 years and fine.
-
Enacted after the murder of rationalist Dr. Narendra Dabholkar.
-
(b) Karnataka
-
The Karnataka Prevention and Eradication of Inhuman Evil Practices and Black Magic Act, 2017
-
Bans inhuman rituals, exorcisms, and acts claiming supernatural power.
-
Punishment: Up to 7 years imprisonment and/or fine.
-
(c) Odisha
-
The Odisha Prevention of Witch-Hunting Act, 2013
-
Specifically targets witch-branding and violence against women accused of being witches.
-
Punishment: Up to life imprisonment if death results from witch-hunting.
-
(d) Jharkhand
-
Jharkhand Witch (Daain) Prevention Act, 2001
-
Prohibits identifying or harming any person as a witch.
-
Punishment: Up to 3 years imprisonment and/or fine.
-
(e) Bihar
-
Bihar Prevention of Witch (Dayan) Practices Act, 1999
-
Aims to prevent atrocities and discrimination against women branded as witches.
-
Punishment: Up to 7 years imprisonment.
-
(f) Rajasthan
-
Rajasthan Prevention of Witch-Hunting Act, 2015
-
Makes witch-branding and related violence punishable.
-
Punishment: Up to 10 years imprisonment.
-
(g) Chhattisgarh
-
Chhattisgarh Tonhi Pratadna Nivaran Act, 2005
-
Prevents harassment of women branded as “tonhi” (witch).
-
Punishment: Up to 5 years imprisonment.
-
🚫 3. Key Prohibited Acts under State Laws
Typical activities outlawed include:
-
Claiming supernatural powers for financial gain.
-
Performing rituals involving physical harm or sacrifice.
-
Branding women or individuals as witches.
-
Promoting or advertising black magic.
-
Conducting exorcisms involving torture or humiliation.
-
Exploiting people through superstition or miracle claims.
👩⚖️ 4. Judicial View
Indian courts have consistently condemned black magic and superstition when they lead to harm or exploitation:
-
In State of Maharashtra v. Dr. Narendra Dabholkar (2013), the Bombay High Court upheld the constitutional validity of Maharashtra’s Act and stressed the need for rational, scientific thinking under Article 51A(h) of the Constitution.
-
Courts have also treated witch-branding deaths as murder under IPC 302.
📜 5. Constitutional Backing
-
Article 51A(h): Fundamental duty of every citizen “to develop the scientific temper, humanism and the spirit of inquiry and reform.”
-
Thus, superstition and black magic practices contradict the constitutional value of rationalism.
✅ In Summary
| Aspect | Central Law | State Law |
|---|---|---|
| Ban on black magic | No single central law | Exists in several states |
| Focus | Penalizes harm, cheating, or murder | Prevents superstition, exploitation, witch-branding |
| Example States | — | Maharashtra, Karnataka, Odisha, Bihar, Jharkhand, Rajasthan, Chhattisgarh |
| Punishment | 1 year to life imprisonment, depending on gravity | Varies from 3 years to life imprison |
No comments:
Post a Comment