Skip to main content

Black Magic Crimes: The available legal remedies to tackle this Sinister

Author: Yash Bisht

IMS Unison University, Dehradun


India has undergone rampant elevation in Science and technology, resulting in enlightenment in the lifestyles of people. But as stated by Masasgi Kishimoto, “In this world, where there is light, there are also shadows”. Even though the recent years has seen the light of science and modernization; on the contrary, shadows have also emerged. Hiding within these shadows, and creeping around for all this time, evil practices like Black Magic has stamped its authority in this so called modernising society.

There are countless instances where in the name of healing a sick person, he is beaten up and thrashed for days, spells and other spooky practices are tried over such people. No one can ever forget the freakish Burari deaths of Delhi, an incident that still gives goose bumps.  

While gazing for a solution to counter black magic, people frequently opt for another superstitious practice, resulting into a never ending loop of following the shadows or darkness. People often tend to forget that they have an ample number of legal remedies in their armour. The blog deals with all the available legal remedies for piercing off the creeping shadows of black magic.


We live in a world of duality where light and darkness are the two sides of the same coin. Black magic is often referred as the dark or the negative side of these energies i.e., utilization of supernatural powers or magic for malevolent and egotistical purposes. This is done mostly to eliminate the evil or other foul spirits. 

It is a social evil supported by people since centuries, courtesy their religious beliefs.  Article 14, 15 and 21 of the Indian Constitution i.e., the fundamental rights of the citizens are violated during the course of commiting such offences.


An unbridled surge in black magic cases has been witnessed in the recent times. On August 6, a 5-year-old girl named Annashi Chinme, was thrashed to death by her parents so as to “drive away evil spirit” that they thought had possessed her.

Apart from this, an elderly couple was attacked by a sword resulting in the death of a 65-year-old-woman. Jabalpur has been a hub to these activities as six people have been killed on suspicion of black magic.

On April 10, 52-year-old Sunil Barkade, who was under suspicion of Black Magic was murdered and hanged on a tree in Uchehra village under Kundam Police Station. Sadly, this list could go on and on. 


In the era of modernization, the increasing death toll over an issue like black magic is a disappointment. But it is still to be dealt with. In order to do so, there are abundant legal remedies that a person can go with. First and foremost, a person can always file an FIR under Section 154 of CrPC against black magic crimes.


IPC can be looked upon while addressing cases related to black magic and witch craft. Section 508 of IPC deals with this problem to the closest possible magnitude. This section deals with the “acts caused by inducing a person to believe that he will become an object of divine pleasure”. An imprisonment up to one year or fine, or both is what an offender would be liable if found guilty.

Besides this, the different sections of IPC invoked in black magic cases are Section 302 which charges for murder, Section 307 i.e., attempt to murder, Section 323 (hurt), Section 376 for penalizing rape as well as Section 354 which deals with issues regarding outraging a woman’s modesty. 

In addition to this, a number of Acts works as a remedy available against black magic. Some of these are mentioned below:-

1. Drugs and Magic Remedies (objectionable advertisements) Act, 1954

2. Protection of Human Rights Act, 1993

3. Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

4. IPC Section 200 (Culpable homicide), Section 354 (Assault) and Section 375(Rape) 

However, there is no particular nationalised Act against superstition in India. Although, 8 States have made laws against these evil practices, so the citizens belonging to these states can opt for remedies under those Acts. These states are Bihar, Chhattisgarh, Jharkhand, Odisha, Rajasthan, Assam, Maharashtra and Karnataka. An insight to the laws established by some of these states is given below:-


The Maharashtra Government came up with “The Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013”, an anti-superstition law that aims to make to make all the practices involving black magic as illegal.

Any person found guilty under this Act shall be imprisoned for a time period ranging between six months to seven years and a fine between Rs. 5000 and Rs. 50000. 


The State of Karnataka, in a similar fashion to Maharashtra, has adopted an anti-superstition Act with an aim to stop witch crafts, black magic and several other cruel practices that also includes acts committed in the name of religion causing harm to animals and humans.


The Assam Act 2015 has also called upon the witch-hunt related crimes as harsher punishments are allocated , ranging between seven to a maximum of 10 years of imprisonment.

The judicial system has already taken a few steps so as to eradicate this problem. In the case of  Ishwari Lal Yadav v State of Chhattisgarh (2019),  3 judge bench of the Supreme Court gave death sentences to a couple in a case of a human sacrifice of a 2-year-old. 


The lack of proper legislation has often been criticized. A few set of people, argue that IPC and other related laws are more than enough to deal with these problems. But if we dig thoroughly, the ground reality remains starkly different.  The foremost reason being the shortcoming of IPC. 

There are various loopholes in IPC with regards to black magic murder and witch crafts, for instance, IPC only takes cognizance of human sacrifice after a murder is committed. Black Magic also causes physical torture to an enormous level, but IPC categorizes it merely as ‘simple hurt’. Not to mention the mental trauma alongside such pain; this is being bluntly ignored by the Code. Henceforth, victims have a tough road ahead when it comes to getting justice as per IPC and more often than not, end up withdrawing their complaints because of the social pressure surrounding it.

Superstition is something that cannot be removed merely by means of law, a change in the mental state is the prerequisite for stopping this sinister. An intellectual detach in the mind-set is necessary. However, laws focusing on superstitious practices that are dehumanizing, brutal, and shady should be managed and categorized.

The current legal remedies do provide some assistance in this regard, but a central law, focusing over the victim and understanding the narrative within which such crimes occur in the Country is the need of the hour and shall be formulated in order to spark the light of ecstasy, or else, the day is not far when these creeping shadows and darkness of black magic will reign supreme.  



Post a Comment

Share your views

Popular posts from this blog

Attestation , Revocation, Alteration and Revival of Wills

  Author: Amit Sheoran, Symbiosis Law School, Nagpur People were worried about their lives after the corona pandemic. Because in Corona, no one was aware that anything could happen at any time. That is why they start thinking that if they die, then what will happen with their property and, as a result, they start making plans. A question arises in our mind after hearing the word will. What is will? It is defined under 2(h) of the Indian Succession Act, 1925. A will is a testamentary document by which a person bequeaths his property in the name of any other person. It will be effective after the death of the testator. The property will devolve on the person in whose favour it is bequeathed after the death of the testator. A will can be changed, revoked, or altered at any point of time after it is made. A will can be written more than once.All wills are revocable at any time during the life of the person and are confidential documents. A will can be attested, revoked, altered, and also r

Registration of LLP and Laws

  Name – Shweta Pandit College - National Law School Of India University, Bangalore. Introduction- LLP(Limited Liability Partnership) is a limited liability company, you will find the characteristics of both a corporation and a partnership in this form of a company. LLP came into effect in 2008 when the Limited Liability Partnership Act was passed in India..  LLP- Limited Liability Partnership, is a partnership where partners have limited liability and are responsible only for the loss/damage created by themselves and not by any of their partner or partners. Partners in LLP have a fair share of say in the workings of the business.  Registration of LLP- It is a long process to register a LLP, the few steps involved in the process are discussed as follows: First step is to get the DSC, which is a Digital Signature Certificate from the government agencies such as E-Mudra, NSDL, IDRBT Certifying Authority, National Informatics Center, CDAC and each agency has its own costs of providing ser

Indian Depository Receipts: Requisites and Benefits

  Yash Miniyar Maharashtra National Law University, Aurangabad A. INTRODUCTION Depository Receipts are a form of transferable instruments, which aid in the flow of general trade in a stock exchange at a given time. They are classified as financial securities in the form of equity that are issued by listed companies. The depository receipt is a form of certificate which denotes the valid holding of the security or shares of a given company. One of the most recognised and busiest forms of depository receipts in the world is the American Depository Receipts, which allows in trading of shares or securities of foreign companies. These receipts act as a form of investment for potential investors in order to diversify their assets and hold shares of their desired companies. This not only allows the economic diversification but also the geographic diversification. These depositories act as mediums to curb the hindrances or the obstacles which prevented people from making foreign investments,