(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.
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;
Central Act 2 of 1974 THEASSAM GAZETTE, EXTRAORDINARY, JUNE 30, 2018 2583 Prohibition of witch hunting Punishment for identifying, calling etc as witch and for abetment
(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. 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. Whoever,-
(i) identifies, calls, stigmatizes, defames or accuses either by words, signs, indications, conducts, actions or any other manner, any person as witch,
(li) 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 Central Act 45 of 1860 2584 THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 30, 2018 bu t can extend up to a term of seven years and with fine, which shall not be less than Rs.
5 0 ,0 0 0 /- but which may extend to Rs.
5 ,00 ,000 /- Punishment for causing death
5. Whoever, a ssau lts or uses criminal force or causes a ssau lt or use of criminal force against a person accusing h im /h e r to be a witch, resulting in h is /h e r death , shall be punished in accordance with section 302 of the Indian Penal Code, 1860.
Central Act 45 of 1860 Punishment for leading the person to commit suicide
6. Whoever, intim idates a person identifying, calling, stigm atising, defaming or accusing h im /h e r a witch and does any act leading or compelling the person to comm it suicide shall be punished with im prisonm ent for a term which shall not be less than seven years bu t which may extend to im prisonm ent for life and with fine which shall not be less than Rs. 1 ,00 ,000/- b u t which may extend to Rs. 5 ,00 ,000/-.
Punishment for use of criminal force identifying, calling etc. as witch
7. Whoever, identifying, calling, stigmatizing, defam ing or accusing any person as witch, u ses crim inal force against th a t person a n d /o r instigates or provokes o thers in doing so with in tent to harm a n d /o r to displace the person from the house, place or the property, lawfully occupied or owned by h im /h e r or interferes with h is /h e r rights over any land or prem ises or to coerce h im /h e r to leave the area of which h e /sh e is a rightful owner, resident or a visitor, shall be punished with im prisonm ent for a term which shall not be less than five years but which may extend to ten years and with fine which shall not be less than Rs. 1 ,00 ,000/- bu t which may extend to Rs. 5 ,00 ,000/-.
Punishment for using criminal force to outrage modesty
8. Whoever, identifying, calling, stigmatizing, defam ing or accusing any person as witch, a ssa u lts or uses crim inal force against a person to remove or causes to remove clothes from h is /h e r body and dem onstra tes and parades h im /h e r naked or with such scanty clothes th a t fail to protect h is /h e r m odesty, shall be punished with im prisonm ent for a term which shall not be less th an five years bu t which may extend to ten years and with fine which shall not be less than Rs. 10 ,000/- bu t which may extend to Rs. 50 ,000 /-.
THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 30, 2018 2585 Punishment for some forms of torture Punishment for damaging reputation, dignity etc.
Punishment for attributing misfortune Punishment for causing disappearance of evidence
9. Whoever, identifying, calling, stigmatizing, defaming or accusing any person as witch, -
(i) subjects that person to any forms of torture including acts of stoning, hanging, stabbing, dragging, public beatings, burns, cutting/burning of hair, forced hair shavings, pulling of teeth out, cutting of nose or other body-parts, blackening of face, whipping, branding with hot objects or use of any other blunt or sharp weapons or objects.
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(ii) forces that person to perform public acts of humiliation or to eat human excrement or to drink urine or to drink or eat inedible or obnoxious substances or to socially ostracize •or to stigmatize for life or to prohibit to participate in auspicious occasions, to curtail movements and employment or subjects him/her to taunts, slurs and other verbal abuses, shall be punished with imprisonment for a term which shall not be less than five years but which may extend to ten years with fine which shall not be less than Rs. 50,000/- but which may extend to Rs. 1,00,000/-.
10. Whoever, with malicious intention harasses a person to damage his/her reputation and dignity, or with intention to sexually exploit or with intent to extort money or the property, or any other ulterior motive, identifies, calls, stigmatizes, defames or accuses a person as witch, shall be punished with imprisonment for a term which shall not be less than three years but which may extend to seven years and with a minimum fine of Rs. 10,000/- which may extend to Rs. 50,000/-.
11. Whoever, identifies, calls, stigmatizes, defames or accuses a person as witch and blames that person of any misfortune that befalls his villagc/area/locality or community which may also include natural disasters, such as droughts, floods, crop loss, illness or any death in the village, shall be punished with imprisonment for a term which may extend to three years and with fine which shall not be less than Rs.
10,000/- but which may extend to Rs. 50,000/-.
12. Whoever, knowingly or having reasons to believe that an offence has been committed under this Chapter, causes any evidence of the commission of that offence to disappear with the intention of shielding 2586 THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 30, 2018 the offender from legal punishment, or with that intention misleads investigation or gives any information, regarding the offence, which he knows or believes to be false, shall, be liable for punishment provided for that offence under section 201/182 of Indian Penal Code, 1860.
Central Act 45 of 1860 Punishment for attempt to commit offences
13. Whoever attempts to commit any offence under this Act and does any act towards such commission shall be punishable as per the provisions of section 511 of the Indian Penal Code, 1860, Central Act 45 of 1860 Punishment for abetment of offence