Commission of Sati (Prevention ) Act, 1987
No: 3 Dated: Jan, 03 1988
THE COMMISSION OF SATI (PREVENTION) ACT, 1987
ACT NO. 3 OF 1988
An Act to provide for the more effective prevention of the commission of sati and its glorification and for matters connected therewith or incidental thereto,
WHEREAS sati or the burning or burying alive of widows or women is revolting to the feelings of human nature and is nowhere enjoined by any of the religions of India as an imperative duty;
ANDWHEREAS it is necessary to take more effective measures to prevent the commission of sati and its glorification;
BE it enacted by Parliament in the Thirty-eighth Year of the Republic of India as follows:—
PART I
PRELIMINARY
1. Short title, extent and commencement.—(1) This Act may be called the Commission of Sati (Prevention) Act, 1987.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force in a State on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different States.
2. Definitions.—(1) In this Act, unless the context otherwise requires,—
(a) “Code” means the Code of Criminal Procedure, 1973 (2 of 1974);
(b) “glorification”, in relation to sati, whether such sati, was committed before or after the commencement of this Act, includes, among other things,—
(i) the observance of any ceremony or the taking out of a procession in connection with the commission of sati; or
(ii) the supporting, justifying or propagating the practice of sati in any manner; or
(iii) the arranging of any function to eulogise the person who has committed sati; or
(iv) the creation of a trust, or the collection of funds, or the construction of a temple or other structure or the carrying on of any form of worship or the performance of any ceremony thereat, with a view to perpetuate the honour of, or to preserve the memory of, a person who has committed sati;
(c) “sati” means the act of burning or burying alive of—
(i) any widow along with the body of her deceased husband or any other relative or with any article, object or thing associated with the husband or such relative; or
(ii) any woman along with the body of any of her relatives, irrespective of whether such burning or burying is claimed to be voluntary on the part of the widow or the woman or otherwise;
(d) “Special Court” means a Special Court constituted under section 9;
(e) “temple” includes any building or other structure, whether roofed or not, constructed or made to preserve the memory of a person in respect of whom sati has been committed or used or intended to be used for the carrying on of any form of worship or for the observance of any ceremony in connection with such commission.
(2) Words and expressions used but not defined in this Act and defined in the Indian Penal Code (45 of 1860), or in the Code shall have the same meanings as are respectively assigned to them in the Indian Penal Code or the Code.
PART II
PUNISHMENTS FOR OFFENCES RELATING TO SATI
3. Attempt to commit sati.—Notwithstanding anything contained in the Indian Penal Code(45 of 1860), whoever attempts to commit sati and does any act towards such commission shall be punishable with imprisonment for a term which may extend to six months or with fine or with both:
Provided that the Special Court trying an offence under this section shall, before convicting any person, take into consideration the circumstances leading to the commission of the offence, the act committed, the state or mind of the person charged of the offence at the time of the commission of the act and all other relevant factors.