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Prevention of Witch Practices Act, 1999

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[Act No. 9, 1999]1

An

Act

To provide for the effective measures to prevent the witch practices and identification of a woman as a witch and their oppression mostly prevalent in Tribal areas and else where in the State of Bihar and to eliminate the woman's torture, humiliation and killing by the society and for any other matter connected therewith or which are incidental thereto. Be it enacted by the Legislature of the State of Bihar in the fiftieth year of the Republic of India as follows:-

Footnote:

  1. Published in the Bihar-Gazette (Ext. Ord.) dated 27.10.1999.

(1) This Act may be called the Prevention of Witch (Daain) Practices Act, 1999.

(2) It extends to the whole of the State of Bihar.

(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.-

(1) Code means the Code of Criminal Procedure, 1973.

(2) Witch (Daain) means a woman who has been identified as a witch by some one else having the power of intention of harming any person through the art of black magic, evil eyes, or "Mantras" and it is deemed that she will harm alleged harm any way to other person/persons or the community at large, in any manner.

(3) Identifier.-- An Identifier means a person who initially identifies or takes the initiative in identifying any other person as Witch (Daain) or who otherwise abets, instigates or facilitates such an identification in any manner by deliberate action, manner, words, etc., for causing harm to the person and his/her safety, security and reputation whom he identifies as a witch (Daain);

(4) "Ojha" means a person who claims himself to be "Ojha" and have a capacity to attain control over witch (Daain) whether he is known in the name of "Guni" or "Shekha" or any other name/names.

Whoever identifies any person as Witch (Daain) and does any Act towards such identification either by words, actions or manner shall be...

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