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GOVERNMENT OF MAHARASHTRA 

LAW AND JUDICIARY DEPARTMENT 

MAHARASHTRA ACT No. XXX OF 2013 

PREVENTION AND ERADICATION 
OF HUMAN SACRIFICE AND 
OTHER INHUMAN, EVIL AND 
AGHORIPRACTICES AND BLACK 
MAGIC ACT, 2013 

(As modified upto the  16th March 2015) 

PRINTED  IN  INDIA  BY  THE  MANAGER,  YERAVDA  PRISON  PRESS,  PUNE  AND 
PUBLISHED  BY  THE  DIRECTOR,  GOVERNMENT  PRINTING,  STATIONERY 
AND  PUBLICATIONS,  MAHARASHTRA  STATE,  MUAI-4OO 004 

2015 

II  Price-Rs. 

i  i 

I 

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2013  :  Mah. XXX] 

THE  MAHARASHTRA  PREVENTION  AND  ERADICATION OF 
HUMAN  SACRIFICE  AND  OTHER  INHUMAN,  EVIL  AND 
AGHORI PRACTICES  AND  BLACK  MAGIC  ACT,  2013. 

CONTENTS 

PREAMBLE. 

SECTIONS. 

1. 

Short  title,  extent  and  commencement. 

2.  Definitions. 

3. 

4. 

Prevention  and  eradication  of  human  sacrifice  and  other 
inhuman,  evil  and  aghori  practices  and  black  magic. 
Jurisdiction  to  try  offences. 

5.  Vigilance  Officer. 

Powers  of  entry  search,  etc. 

6. 
7.  Application  ofprovisions ofsections  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. 

lo.  Publication  of  fact  of  conviction. 

11.  Rules. 

12.  Savings. 

13.  Repeal  of  Mah.  Ord.  XIV  of  2013  and  saving. 

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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,  2013.1 
(This  Act  received the assent  of the  Governor  on the  20th  December  2013; 
assent  first published in  the Maharashtra  Goterninent  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 strmgent social and legal measures 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 ofpossessing 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 m  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 circumstances 
existed which  rendered it necessary for him to  take immediate action  to make 
a law for the purposes aforesaid;  and, therefore, promulgated the Maharashtra  Mali. Ord. 
Prevention and Eradication of Human Sacrifice  and other Inhuman,  Evil  and 
Aghori  Practices  and  Black  Magic  Ordinance,  2013,  on  the  26th  August 
2013 

. 

. 

. 

. 

. 

. 

XIV of 2013. 

i  For  Statement  of  Objects  and  Reasons  (in  English)  see  Maharashtra  Government  Gazette, 
Part  V-A,  Extraordinary  No.  34,  dated  the  11th  December  2013,  pages  8-9. 

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Maharashtra  Prevention  and  Eradication  of Human  Sacrifice  and  Other 
Inhuman,  Evil  and  Aghori  Practices  and  Black  Magic  Act,  2013. 

[ 2013 :  Mah. XXX 

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  :- 

Short  title, 
extent  and 

(1) This Act may be called the Maharashtra Prevention and Eradication 
commencement.  of Human  Sacrifice  and other Inhuman,  Evil and Aghori Practices  and Black 

1. 

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. 

Definitions. 

2.  (1)  In  this Act,  unless  the context requires  otherwise, 

(a)  "Code"  means the Code  of Criminal Procedure,  1973; 

2of 
i 974. 

(b)  "human  sacrifice and other mhuman, 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 

(e)  "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 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  m the  Drugs and Magic  Remedies (Objectionable  21O 
Advertisement) Act,  1954 and the Code. 

3  (1)  No  person  shall  either himself or  through  any other person  commit, 
Prevention  and 
eradication  of 
human  sacrifice  promote,  propagate or practice  or cause  to promote, propagate or practice human 
and  other  sacrifice and other mhuman,  evil and ag/wri practices and black magic mentioned 

. 

inuman,evi 
.  h 

practices  and 
black  magic. 

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 fme which shall not be less  than five  thousand rupees but which 
may extend to fifty  thousand rupees. 

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2013 :  Mah. XXX]  Maharashtra  Prevention  and  Eradication  of Human  Sacrifice  and  Other 

Inhuman,  Evil  and  Aghori  Practices  and  Black  Magic  Act,  2013. 

( 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 
that 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. 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. 

tY offences. 

5.  (1)  The State  Government  may, by notification in  the  Official  Gazette,  and  Vigilance 

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 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 withm the 

45  of  meaning  of section  21 of the Indian  Penal  Code. 
1860. 

6.  (1)  Subject  to  the general or  special orders  issued in  this behalf by the  Powers  of 

State  Government,  from  time  to  time,  the Vigilance  Officer  may,  within  the  etc 
local limits ofthe  area ofhis jurisdiction,  with the  assistance ofthe police  officer 
of his  area,- 

. 

. 

. 

. 

. 

. 

. 

ently,  search, 

( 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 

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Maharashtra  Prevention  and  Eradication  of Human  Sacrifice  and  Other 
Inhuman,  Evil  and  Aghori  Practices  and  Black  Magic  Act,  2013. 

[2013 :  Mah. XXX 

( 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  seizure 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. 

(.  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. 

Application  of 

7  The provision  of sections  159 and  160 of the Maharashtra Police Act, 
shall apply  to acts  done  in good faith by the Vigilance  Officer under of this Act, 
and  160  of  as  if the  Vigilance  Officer  is  a  Police  Officer  within  the  meaning  of that Act. 
Maharashtra 
Police  Act. 

51. 

Application  of 
provisions  of 

Code.  offences  under this  Act. 

8.  The provisions of the  Code  shall apply  to the  investigation and trial of 

Act  to  be  in 

9  The provisions of this Act  shall be in  addition to  and not in  derogation 

addition : of any other  law for  the  time  being  in force. 

Publication  of 

derogation  of 
any  other  law. 

l (1)  Where any person is  convicted of any offence punishable under this 

conviction  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,  Rules. 

and subject to  the condition  ofprevious 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 ofthe  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 

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2013 :  Mah. XXX]  Maharashtra  Prevention  and  Eradication  of Human  Sacrifice  and  Other 

Inhuman,  Evil  and  Aghori  Practices  and  Black  Magic  Act,  2013. 

should  not  be  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.  (1)  For the  removal of doubt,  it is hereby  declared that nothing in this  Savings. 

Act  shall  apply in  respect of the following,  namely :- 

(1)  The  form  of  worship  such  as  pradakshina,  yatra,  Parikrarna 
performed at any  religious or  spiritual places, as  also  Vans of Varkari sect 
and other  Vans. 

( 2)  Hanipath,  Kintan,  Pnatachan,  Bhajan,  teaching  of  ancient  and 
traditional learning' s  and arts ,  practice,  prop agation ,  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,  dangah,  gunudwana,  pagoda, church on other 
religious places  which  do not  cause physical injury  or financial  loss. 

(5)  All  religious  celebrations,  festivals,  prayers,  procession  and  any 
other act relatmg thereto, mvokmg the spirit,  Kadaklakshrni,  Vnattaikalye, 
Upaxzs,  callmg ofNiwas, calling ofMannat, Mohannain 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 Jams. 

(7)  The  advice  in  regard  to  tastushastna,  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. 

Mah. 

13.  (1)  The  Maharashtra Prevention  and Eradication  of Human Sacrifice  Repeal of Mah. 

and  other Inhuman,  Evil  and Aghoni  Practices  and  Black  Magic  Ordinance, 

xI 
2013.  2013,  is  hereby repealed. 

saving. 

(2)  Notwithstanding  such  repeal,  anything  done  or  any  action  taken 
(including any  notification or  order issued)  under the corresponding 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. 

of 

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Maharashtra  Prevention  and  Eradication  of Human  Sacrifice  and  Other 
Inhuman,  Evil  and  Aghori  Practices  and  Black  Magic  Act,  2013. 

[2013 :  Mah. XXX 

SCHEDULE 

(See  section  2(1)  (b)) 

(1)  Under the pretext of expellmg 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, 
practicmg mhuman  acts,  puttmg urme 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 earnmg money;  and 
to  deceive,  defraud  and terrorize people  by propagation  and circulation  of so- 
called miracles. 

( 3)  With  a view  to  receive  blessings  of  supernatural  power,  to  follow  the 
mhuman, 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,  bhanainati and making or trying to  make human sacrifice  m the  name 
ofjaran-inaran or the like,  or  to advice,  instigate or encourage committing  such 
inhuman acts. 

(5)  To  create  an  impression  by  declaring that  a power  inapprehensible  by 
senses  has mfluenced 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 milching 
capacity of a cattle by  inantra-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 sitan. 

(7)  In  the  name  ofjaran-rnaran,  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  general by  way  of invoking 
ghost  or  inantras,  or  threaten  to  invoke  ghost,,  creating  an  impression that 
there is  ghostly or wrath  of a power mapprehensible by senses  causing physical 
injuries  and preventing  a person  from taking  medical treatment and  instead 
diverting him to practice mhuman,  evil and ag/wri acts  or treatment, threatenmg 
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  instead  giving  him  treatment  like 
inantra-tantra. ganda-dora or  such other things. 

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2013 :  Mah. XXX]  Maharashtra  Prevention  and  Eradication  of Human  Sacrifice  and  Other 

Inhuman,  Evil  and  Aghori  Practices  and  Black  Magic  Act,  2013. 

(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 m  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. 

YERAVDA PRISON PRESS, Pu-6. 

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Maharashtra Government  Publications 
can  be  obtained  from- 
. THE  DIRECTOR 

GOVERNMENT  PRINTING,  STATIONERY  AND  PUBLICATIONS, 

MAHARASHTRA  STATE, 
Netaji  Subhash  Road,  IVUJMBAT  400 004. 
Phone  : 
2363  06  95 
2363  40  49 

2363  26  93 
2363  11  48 

. THE  MANAGER 

GOVERNMENT  PHOTOZINCO  PRESS  AND  BooK  DEPOT, 
PHOTOZINCO  PRESS  AREA,  NEAR  GPO., 
PUNE  411001. 
Phone  : 
. THE  MANAGER 

61  28  920 

61  25  808 

GOVERNMENT  PRESS  AND  BooK  DEPOT, 
Civil  Lines, 
NAGPUR  440001. 
Phone  : 
52  26  15 
. THE  ASSTT.  DIRECTOR 

GOVERNMENT  STATIONERY,  STORE  AND  BooK  DEPOT, 
Shaha  Ganj,  Near  Gandhi  Chowk, 
AURANGABAD  431 001. 
Phone  : 
. THE  MANAGER 

33  14  68 

GOVERNMENT  PRESS  AND  STATIONERY,  STORE 
Tarabai  Park, 
KOLHAPUR  416003. 
Phone  :  65  03  95, 

65  04  02 

AND  THE  RECOGNISED  BOOKSELLERS 

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