Black Magic In India - An Analysis Of The Need Of Central Legislation

Author: LawSphereX

Category: General Law

Published: 2026-08-23T18:32:09.931Z

Updated: 2026-08-30T07:04:56.883Z

BLACK MAGIC IN INDIA: AN

ANALYSIS

OF THE NEED OF CENTRAL LEGISLATION Mr. Bharat (LL.B., LL.M., NET), Faculty of Law (Maharshi Dayanand University) Miss Tanya Kaushik (LL.B., LL.M., NET), Faculty of Law (Maharshi Dayanand University)

ABSTRACT

Black magic, rooted in superstition, continues to impact vulnerable communities in India, often leading to exploitation and violence. Despite state-level efforts to curb its harmful effects, black magic remains a legal and social challenge. This paper examines black magic's, state legislation, and incidents reported to the judiciary, highlighting the need for central legislation to address these issues uniformly. It suggests policy reforms and emphasizes the importance of legal, educational, and awareness initiatives to protect victims and combat this menace effectively. Introduction Black magic, often linked to occult practices and superstitions, has deep cultural roots in India. Despite advancements in science and education, many communities continue to believe in its power, leading to harmful practices such as human sacrifice, witch-hunting, and exploitation.

While some Indian states have enacted laws to curb these practices, the lack of a unified central law leaves gaps in addressing such crimes What is Black Magic? Black magic, also known as necromancy, is the operation of supernatural power for wrong and selfish purposes and to perform vicious practices to destroy someone physically or mentally or financially. It can be done using the victim's hair, clothes, print or looking directly into eyes. 1 1 See Article “Anti-Superstition Laws in India” available at: https://www. drishtiias. com/pdf/1667362962. pdf Black Magic in India Black necromancy, practiced for decades, remains prevalent during the vulnerable Kalyug period, leading to confusion, bad luck, and fatalities. In India and neighboring countries like Nepal, superstitious beliefs in black magic are widespread.

Common practices include Tantrik rituals, Vashikaran, curses, and spirit communication. Despite being illegal in India, with some states like Maharashtra enacting laws, these practices continue to cause violence and oppression. However, rational campaigns are working to raise awareness of their harm. 2 Legislation in States Assam: The Assam Witch Hunting (Prohibition, Prevention, and Protection) Act of 2015, signed into law in 2018, bans witch hunting. The law prohibits identifying, accusing, or defaming anyone as a witch, as well as supporting or engaging in witch hunting. 3 Bihar: Bihar was the first state to ordain against necromancy with the Prevention of Witchcraft( Daain) Practices Act, legislated in October 1999. The law aims to help the torture, demotion, and payoff of women indicted of being witches. All offenses under the Act are cognizable and non-bailable.

4 Kumar, a member of the Bal Kalyan Samiti, visits schools and colleges to combat superstitions among students. He received the Rashtrapati Puraskar in 2009 from President APJ Abdul Kalam. 5 2 “Anti-Superstition Laws: Bringing Reforms to the Nation” by Damyanti Agarwal & Dr Saltanat Sherwani available at https://www. iul. ac. in/LawJournal/Pdf/Volume_III_Manuscript_4. pdf

3 Are there any Anti-Superstition Laws in India, (CivilsDaily October 31

2022)https://www.civilsdaily.com/news/superstition/#:~:text=No%20central%20law%3A%20In%20India,%2C %20or%20occult%2Dinspired%20activities accessed on 6 September 2024 4 ‘Anti-Superstition Laws in India’ (DrishtiIas 1 November 2022), https://www.drishtiias.com/current-affairsnews-analysis-editorials/news-analysis/01-11- 2022#:~:text=The%20draft%20provisions%20included%20punishment,the%20pretext%20of%20performing%2 0witchcraft accessed on 8 September 2024. 5Rajesh Kumar Thakur, Bihar villager’s mission to eradicate superstition tastes success (The New Indian Express 5 August 2021) accessed on 8 Septmeber 2024.

Chhattisgarh: Chhattisgarh is highly vulnerable to witchcraft-related crimes, with a "witch" referred to as a "tonahi. " In 2005, the state enacted the Chhattisgarh Tonahi Pratadna Nivaran Act, similar to laws in Bihar and Jharkhand. Under the law, identifying someone as a witch can result in up to three years in prison and a fine, with sentences increasing to five years if the victim is emotionally or physically tormented. Jharkhand: Jharkhand passed a analogous law in 2001, the Prevention of Witch( Daain) Practices Act. The law, still, has been ineffective. According to a document posted on the Jharkhand Police website, the Act" has not adequately averted the identification and murder of women labelled as witches. Karnataka: The Karnataka Prevention and Eradication of Inhuman Evil Practices and Black Magic Act, 2017, came into effect in January 2020.

It bans various black magic and superstitious activities, including fire-walking and jaw-piercing at festivals. Offenders face up to seven years in prison and fines up to Rs 50,000. The law aims to raise social awareness, ensure safety, and appoint vigilance officers for enforcement. Despite this, some dehumanizing practices, like the 'Ajalu' ritual and animal sacrifices, persist in rural areas, affecting vulnerable groups like the Koragas. 6 Maharashtra: Black magic, fueled by cultural superstitions, harms vulnerable communities in India despite state-level efforts. The lack of a uniform central law creates inconsistencies in addressing witch-hunting, human sacrifices, and other occult practices. To effectively combat these issues, central legislation, stronger enforcement, awareness campaigns, and victim support are essential.

Educational initiatives promoting scientific thinking and the involvement of religious and community leaders can help eliminate harmful superstitions.

6 Bala Chauhan, The State and the challenge of Superstitions (The New Indian Express 7 August 2023)

https://www.newindianexpress.com/states/karnataka/2023/Aug/07/the-state-and-the-challenge-of-superstitions-

2602692 accessed on 6 September 2024

Odisha: The Odisha Prevention of Witch-Hunting Bill was passed in 2013 in response to the High Court's directive to curb rising witch-hunting cases. The law imposes up to seven years of imprisonment and penalties for offenders, including witch doctors and those claiming to be black magicians. Rajasthan: The Rajasthan Prevention of Witch-Hunting Act of 2015 was enacted to combat witch-hunting and prevent the practice of witchcraft. The law prohibits both witch-hunting and witchcraft. Incidents Reported to Indian Judiciary Sau Panchashila Dada Meshram vs State Of Maharashtra In this case, the appellant and her husband, followers of Daulatbaba, were accused of confining their 2-year-old daughter, Rani, in a bathroom for 14 days without food or water, resulting in her death on August 14, 1996. Daulatbaba, a sorcerer, had claimed Rani would bring ill-luck, prompting the couple's actions.

The trial court convicted all three under Sections 342 and 302 of IPC. However, the High Court acquitted Daulatbaba due to lack of evidence and reduced the parents' conviction to Section 304 Part II (culpable homicide not amounting to murder), sentencing them to six years imprisonment. The appellant alone challenged this in the Supreme Court. Sangeet & Anr vs State Of Haryana7 The Trial Judge concluded that Ram Phal, the accused, thought Amardeep's family had employed black magic, which is why his son Ved Pal died shortly after he was married. Ram Phal and the other accused apparently committed the aforementioned offenses with the intention of exacting retribution.

7 [2012] 13 S.C.R. 85

Shantibhai J Vaghela & Anr vs State of Gujarat & Anr8 The appellants were accused of kidnapping and murdering a young boy, Chirag, allegedly as part of a black magic ritual. The prosecution argued that the appellants, believed to be practitioners of black magic, killed Chirag to perform occult rituals. The case relied on the confessional statements of the accused and witness testimonies. The defense challenged these confessions, claiming they were inadmissible and that there was no direct evidence linking the appellants to black magic practices. Despite these arguments, the court upheld the conviction. Ishwari Lal Yadav vs State Of Chhattisgarh9 The appellants' counsel, Sri Siddhartha Dave, argues that the conviction relies solely on the appellants' confessional statements, which are inadmissible under Sections 24, 25, and 26 of the Indian Evidence Act.

He highlights contradictions in witness testimonies, challenges the use of Section 106 regarding the discovery of the body, and contends that the prosecution failed to prove conspiracy under Section 120B, IPC. Additionally, he asserts that the accusations of black magic and the discovery of another skeleton violate Sections 14, 15, and 54 of the Indian Evidence Act. P. Rajagopal And Ors. Etc. vs The State Of Tamil Nadu10 The testimonies of PW1 and PW2 consistently corroborate the sequence of events leading to the abduction, assault, and eventual death of Santhakumar, implicating Accused No. 1 and his accomplices. PW1 described efforts to remove supposed black magic, an alleged plot to kill Santhakumar, and assaults by the accused, while PW2 confirmed Accused No. 1's dishonorable motives, the subsequent abduction, and the identification of the deceased.

Both witnesses' accounts align, despite defense claims of false allegations and monetary extortion. The delay in filing the FIR was justified by fear and surveillance by Accused No. 1. The State Of Maharashtra vs Maroti11 The chargesheet was filed following the investigation of FIR No. 185/2019 at Rajura Police Station, Chandrapur, for offences under Section 376AB of the IPC, Sections 4 and 6 of the

8 2012 AIR SCW 6349

9 October 3, 2019 (2019) 10 SCC 437

10 AIR 2019 SUPREME COURT 1674, 2019 (4) SCC 771

11 LAWS(SC)-2022-11-1 ON 2nd November 2022

POCSO Act, Sections 3(1)(w) and 3(2)(v) of the SC/ST (Prevention of Atrocities) Act, and Section 3 of the Maharashtra Prevention of Human Sacrifice and Black Magic Act, 2013. The Respondent, the 6th accused, was charged for failing to report the offence under Section 19(1) of the POCSO Act, punishable under Section 21(1). Need for Central legislation In India, there is no national law that deals with crimes related to witchcraft, superstition, or other occult activities. Although the Prevention of Witch-Hunting Bill was introduced in the Lok Sabha in 2016, it did not pass. Proposed provisions included punishments for accusing women of witchcraft or subjecting them to violence. While Section 302 of the Indian Penal Code addresses murder, including human sacrifice, it applies only post-incident, and Section 295A seeks to deter such practices.

Article 51A (h) of the Constitution encourages citizens to foster scientific temper and reform. Additionally, the Drugs and Magic Remedies Act of 1954 aims to mitigate the harmful effects of superstition in India. 12 India is a land rich in religion, culture, tradition, and diversity, each with its own belief system. While some beliefs have rational explanations, others are followed simply for religious or cultural reasons. Religion significantly influences Indian lives, often blurring the line between faith and superstition, leading to brutal crimes like human sacrifice and witch hunting. Although there are laws addressing some superstitious crimes, they are poorly enforced. There is a need for stricter implementation of existing laws and the creation of new ones to effectively combat these practices. 13 Way Forward

1. A comprehensive central law targeting superstitious practices such as witch-hunting, black

magic, and human sacrifice is essential. This law should focus on prevention, protection, and prosecution, with stringent penalties for offenders and support for victims.

2. Existing laws, including Sections 302 and 295A of the IPC and the Drugs and Magic

Remedies Act, 1954, must be enforced properly. Law enforcement agencies should receive 12 See Article “Anti-Superstition Laws in India” available at: https://www.drishtiias.com/pdf/1667362962.pdf 13 Superstition in India “An impediment to innovation and growth” by Shagufa Naaz, Alisha Anand, Nandini Sinha & Ratna Priyadarshini available at: https://patnawomenscollege.in/upload/Explore%20vol%20XI%202/detal/d10-min.pdf training to recognize and address crimes driven by superstitious beliefs, with specialized cells created for handling such cases.

3. Awareness campaigns should educate the public about the harmful effects of superstitions.

Schools and community programs must promote scientific thinking and humanism, in line with Article 51A(h) of the Indian Constitution, to help distinguish between faith and superstition.

4. Adequate legal, psychological, and social support should be provided to victims, especially

women accused of witchcraft. Shelter homes, rehabilitation programs, and fast-track courts can help alleviate the social stigma faced by victims.

5. Engaging religious leaders and community heads can help bridge the gap between religious

practices and superstition. Promoting rational thinking through dialogue with these influential figures can deter harmful practices. A coordinated effort involving legal reform, public awareness, and community engagement is crucial to eradicating superstition and occult-related crimes in India. Conclusion Black magic, deeply entrenched in Indian society due to cultural and religious superstitions, continues to harm vulnerable communities despite various state-level legislative efforts. The persistence of witch-hunting, human sacrifices, and other occult practices highlights the insufficiency of current laws in addressing these issues uniformly across the nation. While some states have enacted legislation to curb black magic, the lack of a central law creates inconsistencies in protection and enforcement, leaving gaps that can be exploited.

To combat these practices effectively, the enactment of comprehensive central legislation is crucial. Such laws must be backed by stronger enforcement mechanisms, awareness campaigns, and victim support systems. Educational initiatives promoting scientific temper and rational thinking should be emphasized in schools and communities to dispel harmful superstitions. Engaging religious and community leaders in promoting awareness and bridging the gap between tradition and rationalism can also play a pivotal role in eliminating these harmful practices. In conclusion, only a coordinated and multifaceted approach—legal reform, public education, and community engagement—will help protect the vulnerable and eradicate the dangers posed by black magic and superstition in India. A unified legislative framework, combined with grassroots efforts, is essential to bring about long-lasting change.