KARNATAKA PREVENTION AND ERADICATION OF INHUMAN EVIL PRACTICES AND BLACK MAGIC ACT, 2017

THE KARNATAKA PREVENTION AND ERADICATION OF INHUMAN EVIL PRACTICES AND BLACK MAGIC ACT, 2017

KARNATAKA ACT NO. 46 OF 2017

6th day of December, 2017

An Act to protect the common people in the society against evil and sinister practices and to combat and eradicate inhuman, evil, sinister practices propagated and performed in the name of so called supernatural or magical power or evil spirit commonly known as black magic by conmen with sinister motive of exploiting the common people in the society. Further to bring social awakening and awareness in the society and to create healthy and safe social environment; and for matters connected there with or incidental there to; Whereas number of incidents of exploitation of the common people in the society because of inhuman, evil, sinister practices, and black magic and evil spirit, at the hands of conmen, had come to light and also to meet vide public perception to prevent and eradicate practice of Inhuman, Evil an

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S.1 Short title and commencement

(1) This Act may be called the Karnataka prevention and eradication of inhuman evil Practices and Black Magic Act, 2017.

(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette appoint.

S.2 Definitions

(1) In this Act, unless the context otherwise requires,-

(a) "Code" means the code of criminal procedure 1973 (Central Act 2 of 1974);
(b) "Government" means Government of Karnataka;
(c) "Inhuman, evil practices and black magic" means the commission of any act, specified in the schedule, by any person by himself or caused to be committed through or by instigating any other person;
(d) "Offender" means any person who has contravened any of the provision of this Act or has committed any act constituting an offence specified in the Schedule;
(e) "Person" means and includes an Individual male, female or a transgender or a company or association or body of individual whether incorporated or not.
(f) "Propagate" means issuance or publication of advertisement, literature, articles or book relating to inhuman, evil practices and black magic and includes any form of direct or indirect help, abetment, participation or co-operation wit

S.3 Prevention and eradication of inhuman evil practices and black magic

(1) No person shall himself or through any other person commit, promote, propagate or practice or cause to promote, propagate or practice inhuman, evil practices and black magic specified in the schedule.

(2) From the date of commencement of this Act, Commission of any act of inhuman, evil practices and black magic and any advertisement, practice, propagation or promotion of inhuman, evil practices and black magic in violation of provision 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 one year but which may extend to seven years and with fine which shall not be less than Five thousand rupees but which may extend to fifty thousand rupees:

Provided that, as a consequence of offence under this Act if death of the victim occurs, the offender, shall be deemed to have c

S.4 Offences by companies

(1) If the person committing an offence under this Act is a company whether incorporated or not, the company as well as every person in charge of, and responsible to the company for the conduct of its business at the time of commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and 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 exercised all due diligence to prevent the 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 that the commission of offence is attributable to any neglect on the part of any director, manager, secretary or other officer of the

S.5 Jurisdiction to try offences

No court inferior to that of a Metropolitan Magistrate or judicial Magistrate of a First Class shall try any offence punishable under sub-section (2) of section 3 but the offences punishable under this Act referred to in the proviso to sub-section (2) of section 3 shall be triable only by the court of session and the procedure under the code for trial of such cases shall mutatis mutandis apply.

S.6 Vigilance Officer

(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 the notification, one or more police officers to be known as the vigilance officer;

Provided that, such officer shall not be below the rank of the police inspector.

(2) It shall be the duty of the vigilance officer,-

(i) to detect and prevent the contravention or violation of the provision of this Act and the rules made there under, in the area of his jurisdiction and report such cases to the nearest police station within the area of jurisdiction and upon filing of complaint to the police station by any victim or member of his family to ensure due and speedy action thereon and to give necessary advice, guidance and help to concerned police station;
(ii) to collect evidence for the effective prosecution of persons contravening the pr

S.7 Powers of entry, search etc

(1) Subject to 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 area of his jurisdiction with the assistance of the police officer of his area,-