Black Magic Bill Draft – Part 2

Note: This bill is drafted very smartly, so that common man does not understand the hidden motive of the law. So please do refer analysis by experts.

Draft of bill: Part 1 | Part 2 | Part 3 | Part 4


Prohibition of Black Magic

3. (1) No person shall, either himself or through any other person promote propagate or practice or cause to promote, propagate on practice Black Magic and evil and aghori practices described in the Schedule appended to this Act.

(2) On and after the date of coming into force of this Act advertisement, practice, propagation or promotion of Black Magic and evil and aghori practices 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 a fine which shall not less than five thousand rupees but which may extend to fifty thousand rupees.

(3) Whoever abets commission of, or attempt to commit any act or offence punishable under this Act shall be deemed to have committed that offence and shall, on conviction, be punishable with the same imprisonment provided for such offence in sub section (2)

(4) The Offences punishable under this Act shall be cognizable and non-bailable.

4. No court inferior to that of a Metropolitan Magistrate or a magistrate of a First class shall try any offence punishable under this Act.

Jurisdiction to try offences

5. (1) Where an offence under this Act has been committed by a company, every person, who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against the punished accordingly:

Provided that, nothing contained in this sub-section shall render any such person liable to any punishment under this Act if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent commission of such offence.

(2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is attributable to any neglect on the part of any director, manager, secretary or other officer responsible for exercise of proper care or supervision of the company in that respect, such director, manager, secretary or concerned officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation – for the purposes of this section –

(a) “company” means a body corporate and includes a firm association of persons or body of individuals, whether incorporated or not : and also includes a trust, whether registered under any law for the time being in force or not: and

(b) “director” in relation to a firm means a partner in the firm and in relation to an association of persons or body of individuals, means any member controlling the affairs thereof; and in relation to a trust includes the person managing the affairs of the trust.

Vigilance Officer

6. (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 such notification, one or more police officer to be known as the Vigilance Officer:

Provided that, such police officer shall not be below the rank of an Inspector of Police, Group “B”.

(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 or the rules made there under, 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 other person on his behalf 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 areas 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 orders issued in this behalf.

(3) Any person who obstructs the discharge of the official duties or 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 within the meaning or section 21 of the Indian Penal Code.

45 of 1860

Powers of entry search etc.

7. (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 officers 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, instruments 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 other material object found in any place mentioned in clause (i) and seize the same if he has reason to believe that if 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 under this Act as they apply to any 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 a Magistrate and take his orders as to the custody thereof.

Bom, XXII of 1951

Application of the provisions of the Bombay Police Act, 1951.

8. The provisions of sections 159 and 160 of the Bombay Police Act, 1951, shall apply to acts done in good faith by the Vigilance officer under this Act, as if the Vigilance Officer is a police officer within the meaning of that Act.

9. the provisions of the Code shall apply to the investigation and trial of offences under this Act.

Application of provision of code

10. The Provisions of this Act shall be in addition to and not in derogation of any other law for the time being in force.

Act to be in addition to and not in derogation of any other law

11. (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 ink the local newspaper where such offence had taken place together with the fact that such offender has 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.

Publication of fact of conviction.

(2) No such publication under sub-section (1) shall be made until the appeal (if any), filed against such order is finally disposed of.

12. (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.

Rules

(2) Every rule made under this Act shall be laid, as soon as may be after it is made, before cash 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 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.

Savings.

13. For the removal of doubt, it is hereby declared that nothing in this Act, shall apply to the acts involving religious rites and rituals which does not adversely affect any person mentally, physically or financially.


Draft of bill: Part 1 | Part 2 | Part 3 | Part 4