(1) The fine realized as punishment for an offence under the Act, shall be paid to the victim or his/her next of kin as compensation by following the procedure as may be prescribed.
(2) The compensation paid under sub-section (1) shall not be compounded with any other compensation or financial assistance which the State Government may decide to pay as immediate relief to the victim and the rehabilitation grant payable under section 28 of the Act and under the Assam Victim Compensation Scheme, 2012.
20. The aggrieved person may prefer an appeal before the High Court as per the provisions of the Code.
21 (1) When a police officer receives information or a report that witch hunting is likely to be committed or there are reasonable grounds to suspect that witch hunting is committed against a person, he shall forthwith proceed to the place and shall take all suitable measures to prevent the witch hunting and to provide protection to the victim/likely victim including getting him/her admitted in the recognised protective or shelter home, in case the person has no place for shelter.
(2) The police officer shall immediately remove or cause to remove the person and the objects suspected or likely to harm the victim/likely victim. The police officer shall verbally or in writing warn the person or persons accused of having intention or attempting at committing witch hunting to leave the place immediately and abstain from inflicting any harm upon the victim/likely victim.
(3) In case the situation so warrants, the police officer may cause arrest of the person or persons and take action in accordance with section 151 of the Code. The person so arrested shall be produced before the Executive Magistrate of the area who shall proceed under the relevant provisions of Chapter VIII of the Code.
Act No.
of186C 2588 THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 30, 2018 Special Provisions
(4) (i) Whenever offence against any person under the Act is reported to the police officer, in whose jurisdiction the offence is committed, the officer concerned shall record the FIR and shall take action as per law. Any failure to do so shall amount to a cognizable offence against the concerned police officer and shall be dealt with similar legal provision under the Criminal Law Amendment Act, 2013.
(ii) Even if such an incident is reported to a police officer belonging to an area outside the jurisdiction of the area where the incident takes place, the said officer shall record the FIR and take all necessary steps till the case is transferred to the police station having jurisdiction in the case.
(5) A police officer having the area of h is/her jurisdiction shall take necessary step to protect the person(s) associated with social works/NGO(s), who organize awareness programmes on witch hunting.