Assam Witch Hunting (Prohibition, Prevention and Protection) Act, 2015
No: 21 Dated: Jun, 30 2018
THE ASSAM WITCH HUNTING (PROHIBITION, PREVENTION AND PROTECTION) ACT, 2015
ASSAM ACT NO. XXI OF 2018
An Act to provide for more effective measures to prohibit witch hunting and prevent and protect persons from witch hunting; and to eliminate torture, oppression, humiliation and killing of such persons by a section of the society by providing for punishment by trial of offences relating to witch hunting; and for the relief and rehabilitation of victims of such offences.
Preamble:- Whereas it is expedient to provide for more effective measures to prohibit witch hunting and prevent and protect persons from witch hunting; and to eliminate torture, oppression, humiliation and killing of such persons by a section of the society by providing for punishment by trial of offences relating to witch hunting; and for the relief and rehabilitation of victims of such offences and for any other matters connected therewith or incidental thereto;
It is hereby enacted in the Sixty-sixth Year of the Republic of India as follows :-
1. Short title, extent and commencement:-(1) This Act may be called the Assam Witch Hunting (Prohibition, Prevention and Protection) Act, 2015.
(2) It extends to the whole of Assam.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Definitions:- In this Act, unless the context otherwise requires,-
(a) "abettor or identifier" means any person who identifies, calls, stigmatizes, defames or accuses any other person as witch or instigates, aids or abets such an act, by words, or by signs or indications or by conducts, aids in instigating any other person or does anything which tend to cause any person any harm or causes anything which gives reasonable apprehension of stigmatization in the mind of such person so identified, called, stigmatised, defamed or accused that there may be harm caused to him/her, or that his/her dignity or public estimation is damaged or likely to be damaged;
(b) “code" means the Code of Criminal Procedure, 1973;
(c) "prescribed" means prescribed by rules made under this Act;
(d) "Special Court" means a Court not below the rank of an Additional Session Judge as may be designated by the State Government by notification in the Official Gazette exercising jurisdiction in the area where the offences under this Act alleged to have taken place;
(e) "State Government" means the State Government of Assam;
(f) "victim" means and includes any person who has been harmed, injured, made to suffer, either physically or mentally, or singled out by cruel and unjust treatment or killed or executed as a result of witch hunting;
(g) "witch" means any person who has been supposedly identified, called, stigmatized, defamed or accused as Daini, Daina, Dakini, Dakan, Bhoot, Bhootuni, or any other such name by person or persons under the grip of unrealistic and unfounded impression that such person has the power to harm anyone or society at large, in any manner;
(h) "witch hunting" means the identifying, calling, stigmatising, defaming or accusing any person as witch by any other person by words, or by signs or by indications or conducts or actions or in any manner, thereby causing or abetting physical and/ or mental harm or execution of a witch which may involve mass hysteria, lynching or any other activities;
(i) words and expressions used but not defined in this Act and defined in the Code or the Indian Penal Code, 1860 shall have the meanings respectively assigned to them thereunder.
3. Prohibition of witch hunting:- No person shall identify, call, stigmatize, defame or accuse any other person as witch by words, or by signs or indications or by conducts or actions or any other manner or instigate, aid or abet such an act or commit witch hunting.
4. Punishment for identifying, calling etc as witch and for abetment:- Whoever,-
(i) identifies, calls, stigmatizes, defames or accuses either by words, signs, indications, conducts, actions or any other manner, any person as witch,
(ii) instigates or aids or abets any such acts mentioned in clause (i) above, shall be punished with imprisonment for a term which shall not be less than three years but can extend up to a term of seven years and with fine, which shall not be less than Rs. 50,000/- but which may extend to Rs. 5,00,000/-
5. Punishment for causing death:- Whoever, assaults or uses criminal force or causes assault or use of criminal force against a person accusing him/her to be a witch, resulting in his/her death, shall be punished in accordance with section 302 of the Indian Penal Code, 1860.
6. Punishment for leading the person to commit suicide:- Whoever intimidates a person identifying, calling, stigmatising, defaming or accusing him/her a witch and does any act leading or compelling the person to commit suicide shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life and with fine which shall not be less than Rs. 1,00,000/- but which may extend to Rs. 5,00,000/-