Analysis : What experts say? – Part 4

True face of draconian law

For sake of clarity, we have divided the analysis in four parts similar to that in draft of the bill. Also please note that Andha-shraddha Nirmoolan Samiti i.e. Anti-superstition org. is referred below as A.N.S.

Anlaysis by experts: Part 1 | Part 2 | Part 3 | Part 4


Comparison of Offences Under the Black Magic Act
and Existing Penal Law

Entry

Nature of Offence

Existing Provisions of the IPC

1.

Under
the pretext of expelling 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 chilli 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 a sexual act in the open,
practicing aghori acts, putting urine or human excreta forcibly
in the mouth of a person or practicing any such acts.

319:
Hurt.

320:
Grievous hurt.

336:
Act endangering life or personal   safety
of others.

337:
Causing hurt by act endangering life or personal safety of others.

339:
Wrongful restraint.

340:
Wrongful confinement.

350:
Criminal force.

351:
Assault

357:
Assault or criminal force in attempt wrongfully to confine a person.

509:
Word, gesture or act intended to insult the modesty of a woman.

2.

Display
of so called miracles by a person and thereby earning money and
to deceive, defraud and terrorise people by propagation and circulation
of so called miracles.

 

351:
Assault

415:
Cheating.

416:
Cheating by personation.

420:
Cheating and dishonestly inducing delivery of property.

3.

With
a view to receive blessings of super natural power to follow the
evil and aghori practices which causes danger to life or grievous
hurt; and to instigate, encourage or compel others to follow such
practices.

320:
Grievous hurt.

327:
Voluntarily causing hurt to extort property, or to constrain to
an illegal act

107:
Abetment of a thing.

4.

Doing
any inhuman act in search of precious things, bounty, water resource
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 dev-devaski or to advice, instigate or encourage committing
such inhuman acts.

300:
Murder111

307:
Attempt to murder

107:
Abetment of a thing

508:
Act caused by inducing person to   believe
that he will be rendered an object of the Divine displeasure.

5.

To
create an impression by declaring that a divine spirit has influenced
one’s body or that a person has possessed such divine spirit and
thereby create fear in the mind of others or to threaten others
of evil consequences for not following the advise of such person.

383:
Extortion.

385:
Putting person in fear of injury in order to commit extortion.

386:
Extortion by putting a person in fear of death or grievous hurt

387:
Putting person in fear of death or of grievous hurt, in order
to commit extortion. .

503
Criminal intimidation.

508
Act caused by inducing person to believe that he will be rendered
an object of the Divine displeasure.

6.

By
declaring that a particular person practices karni, black magic
or brings under the influence of ghost, or diminishes the milching
capacity of a cattle by mantra-tantra, or create a suspicion about
such person, or similarly accusing a particular person that he
brings misfortune to others or is responsible for spread of diseases
and thereby making the living of such person miserable, troublesome
or difficult; to declare a person as satan or incarnation of satan.

499:
Defamation.

505:
Statements conducting to public mischief.

508:
Act caused by inducing person to believe that he will be rendered
an object of the Divine displeasure

7.

In
the name of jaran-maran, karni, or witchcraft (chetuk), assaulting
any person, parading him naked or put a ban on his daily activities.

509:
Word, gesture or act intended to insult the modesty of a woman.

351:
Assault

329:
Voluntarily causing grievous hurt to extort property, or to constrain
to an illegal act

8.

To
create panic in the mind of public in general by way of invoking
ghost by mantras, or threaten to invoke ghost, putting up a false
show to make a person free from poisonous infection by invoking
mantras or similar things, creating an impression that there is
ghostly or divine wrath causing physical injuries and preventing
a person from taking medical treatment and instead diverting him
to practise aghori acts or treatment, threatening a person with
death or causing physical pains or causing financial or psychological
harm by practicing or tend to practise mantra-tantra (chetuk),
black magic or aghori act.

319: Hurt

320:
Grievous hurt

326:
Voluntarily causing grievous hurt by dangerous weapons or means
-.

327:
Voluntarily causing hurt to extort property, or to constrain to
an illegal act

339:
Wrongful restraint

340:
Wrongful confinement

351:
Assault

383:
Extortion.

385:
Putting person in fear of injury in order to commit extortion.

415:
Cheating.

503:
Criminal intimidation.

505:
Statements conducting to public mischief.

506:
Punishment for criminal intimidation

508:
Act caused by inducing person to  believe
that he will be rendered an  object
of the Divine displeasure

 

9.

Prohibiting
and preventing a person from taking medical treatment in case
of dog, snake or scorpion bite and instead giving him treatment
like mantra-tantra, ganda-dora or such other things.

339:
Wrongful restraint

340:
Wrongful confinement

10.

Claiming
to perform surgery by fingers, or claiming to change the sex of
a foetus in womb of a woman.

316:
Causing death of quick unborn  child
by act amounting to culpable  homicide.

416:
Cheating by personation.

420:
Cheating and dishonestly inducing  delivery
of property.

11.(a)

To
create an impression that oneself is having special super natural
powers, incarnation of another person or holy spirit, or that
the devotee was his wife, husband or paramour in past birth thereby
indulging into sexual activity with such person;

354:
Assault or criminal force to woman  with
intent to outrage her modesty.

375:
Rape.

11.(b)

To
keep sexual relations with a woman who is unable to conceive assuring
her of motherhood through super natural power.

375:
Rape

12.

To
create an impression that a mentally retarded person is having
super natural power and utilising such person for business or
occupation.

415:
Cheating.

416:
Cheating by personation.

420:
Cheating and dishonestly inducing  delivery
of property.

 


Anlaysis by experts: Part 1 | Part 2 | Part 3 | Part 4