The Assam Witch Hunting (Prohibition, Prevention and Protection) Act, 2015
                      - W / cOA Registered No.-768/97

# THE ASSAM GAZETTE

### EXTRAORDINARY
 a t $  sw P r®

#### PUBLISHED BY THE AUTHORITY

                   - ® 340 30 'Spl, 2018, 9 ^ H , 1940 (W )

No. 340 Dispur, Saturday, 30th June, 2018, 9th Asadha, 1940 (S. E.)

GOVERNMENT OF ASSAM

ORDERS BY THE GOVERNOR

LEGISLATIVE DEPARTMENT : : : LEGISLATIVE BRANCH

**NOTIFICATION**

The 29th June, 2018

**No. LGL.73/2014/235.- The following Act of the Assam Legislative Assembly**

which received the assent of the President on 13th June, 2018 is hereby published for general

information.

**ASSAM ACT NO. XXI OF 2018**

**(Received the assent of the President on 13th June, 2018)**

**THE ASSAM WITCH HUNTING (PROHIBITION,**

**PREVENTION AND PROTECTION) ACT, 2015**


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2582 THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 30, 2018

## AN

 ACT

#### to provide for more effective measures to prohibit witch hunting and prevent and protect persons from witch hunting; and to eliminate torture, oppression, humiliation and killing of such persons by a section of the society by providing for punishment by trial of offences relating to witch hunting; and, for the relief and rehabilitation of victims of such offences.

Preamble Whereas it is expedient to provide for

#### more effective measures to prohibit witch hunting and prevent and protect persons from witch hunting; and to eliminate torture, oppression, humiliation and killing of such persons by a section of the society by providing for punishment by trial of offences relating to witch hunting; and for the relief and rehabilitation of . [;]ctims of such offences and for any other matters connected therewith or incidental thereto;
 It is hereby enacted in the Sixty-sixth
 Year of the Republic of India as follows

Short title, 1. (1) This Act may be called the Assam Witch Hunting
extent and (Prohibition, Prevention and Protection) Act,
commencement 2015.

#### (2) It extends to the whole of Assam. (3) It shall come into force on such date as the State
 Government may, by notification in the Official Gazette, appoint.

Definitions In this Act, unless the context otherwise requires,-

#### (a) “abettor or identifier” means any person who
 identifies, calls, stigmatizes, defames or accuses any other person as witch or instigates, aids or abets such an act, by words, or by signs or indications or by conducts, aids in instigating any other person or does anything which tend to cause any person any harm or causes anything which gives reasonable apprehension of
 stigmatization in the mind of such person so identified, called, stigmatised, defamed or
 accused that there may be harm caused to him/her, or that his/her dignity or public estimation is damaged or likely to be damaged;
 (b) “code" means the Code of Criminal Procedure, Central
 1973; Act 2 of
 (c) “prescribed" means prescribed by rules made 1974
 under this Act;


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THEASSAM GAZETTE, EXTRAORDINARY, JUNE 30, 2018 2583

#### (d) “Special Court” means a Court not below the
 rank of an Additional Session Judge as may be designated by the State Government by
 notification in the Official Gazette exercising
 jurisdiction in the area where the offences under
 this Act alleged to have taken place;
 (e) “State Government” means the State Government
 ' of Assam;
 (f) “victim” means and includes any person who has
 been harmed, injured, made to suffer, either physically or mentally, or singled out by cruel
 and unjust treatment or killed or executed as a result of witch hunting;
 (g) “witch” means any person who has been
 supposedly identified, called, stigmatized,
 defamed or accused as Daini, Daina, Dakini, Dakan, Bhoot, Bhootuni, or any other such name by person or persons under the grip of unrealistic and unfounded impression that such person has the power to harm anyone or society at large, in
 any manner;
 (h) “witch hunting” means the identifying, calling,
 stigmatising, defaming or accusing any person as witch by any other person by words, or by signs or by indications or conducts or actions or in any manner, thereby causing or abetting physical and/ or mental harm or execution of a witch which may involve mass hysteria, lynching or
 any other activities;
 (i) words and expressions used but not defined in

Central

#### this Act and defined in the Code or the Indian

Act 45 of

#### Penal Code, 1860 shall have the meanings

1860

#### respectively assigned to them thereunder.

Prohibition of 3. No person shall identify, call, stigmatize, defame or
witch hunting accuse any other person as witch by words, or by

#### signs or indications or by conducts or actions or any
 other manner or instigate, aid or abet such an act or commit witch hunting.

Punishment for 4. Whoever,-
identifying, (i) identifies, calls, stigmatizes, defames or
calling etc as accuses either by words, signs, indications,
witch and for conducts, actions or any other manner, any
abetment

#### person as witch,
 (li) instigates or aids or abets any such acts
 mentioned in clause (i) above, shall be punished with imprisonment for a term which shall not be less than three years


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2584 THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 30, 2018

but can extend up to a term of seven years and
with fine, which shall not be less than Rs.
50,000/- but which may extend to Rs.

5,00,000/-

Punishment for 5. Whoever, assaults or uses criminal force or causes
causing death assault or use of criminal force against a person

accusing him /her to be a witch, resulting in his/her Central

Act 45 of

death, shall be punished in accordance with section

1860

302 of the Indian Penal Code, 1860.

Punishment for 6. Whoever, intim idates a person identifying, calling,
leading the stigmatising, defaming or accusing him /her a witch
person to and does any act leading or compelling the person to
commit suicide commit suicide shall be punished with imprisonm ent

for a term which shall not be less than seven years
but which may extend to imprisonm ent for life and

with fine which shall not be less than Rs. 1,00,000/-
but which may extend to Rs. 5,00,000/-.

Punishment for 7. Whoever, identifying, calling, stigmatizing, defaming
use of criminal or accusing any person as witch, uses criminal force

force

against that person an d /o r instigates or provokes

identifying,

others in doing so with intent to harm a n d /o r to

calling etc. as

displace the person from the house, place or the

witch

property, lawfully occupied or owned by him /her or
interferes with his/her rights over any land or
prem ises or to coerce him /her to leave the area of
which h e/sh e is a rightful owner, resident or a
visitor, shall be punished with im prisonm ent for a
term which shall not be less than five years but
which may extend to ten years and with fine which
shall not be less than Rs. 1,00,000/- but which may
extend to Rs. 5,00,000/-.

Punishment for 8. Whoever, identifying, calling, stigmatizing, defaming
using criminal

or accusing any person as witch, assaults or uses

force to outrage

criminal force against a person to remove or causes

modesty

to remove clothes from h is/h er body and

dem onstrates and parades him /her naked or with
such scanty clothes that fail to protect h is/h er
modesty, shall be punished with im prisonm ent for a
term which shall not be less than five years but
which may extend to ten years and with fine which
shall not be less than Rs. 10,000/- but which may
extend to Rs. 50,000/-.


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THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 30, 2018 2585

Punishment for 9. Whoever, identifying, calling, stigmatizing, defaming
some forms of or accusing any person as witch, -
torture (i) subjects that person to any forms of torture

#### including acts of stoning, hanging, stabbing,
 dragging, public beatings, burns,
 cutting/burning of hair, forced hair shavings, pulling of teeth out, cutting of nose or other body-parts, blackening of face, whipping, branding with hot objects or use of any other blunt or sharp weapons or objects.

_»_

#### (ii) forces that person to perform public acts of
 humiliation or to eat human excrement or to drink urine or to drink or eat inedible or obnoxious substances or to socially ostracize

 •or to stigmatize for life or to prohibit to
 participate in auspicious occasions, to curtail movements and employment or subjects
 him/her to taunts, slurs and other verbal abuses, shall be punished with imprisonment for a term which shall not be less than five
 years but which may extend to ten years with
 fine which shall not be less than Rs. 50,000/- but which may extend to Rs. 1,00,000/-.

Punishment for 10. Whoever, with malicious intention harasses a person
damaging to damage his/her reputation and dignity, or with
reputation, intention to sexually exploit or with intent to extort

dignity etc. money or the property, or any other ulterior motive,

#### identifies, calls, stigmatizes, defames or accuses a person as witch, shall be punished with
 imprisonment for a term which shall not be less than three years but which may extend to seven years and with a minimum fine of Rs. 10,000/- which may extend to Rs. 50,000/-.

Punishment for 11. Whoever, identifies, calls, stigmatizes, defames or

attributing accuses a person as witch and blames that person of
misfortune any misfortune that befalls his villagc/area/locality

#### or community which may also include natural disasters, such as droughts, floods, crop loss, illness or any death in the village, shall be punished with imprisonment for a term which may extend to three years and with fine which shall not be less than Rs.
 10,000/- but which may extend to Rs. 50,000/-.

Punishment for 12. Whoever, knowingly or having reasons to believe that

causing an offence has been committed under this Chapter,
disappearance causes any evidence of the commission of that
of evidence offence to disappear with the intention of shielding


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2586 THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 30, 2018

##### the offender from legal punishment, or with that intention misleads investigation or gives any
 information, regarding the offence, which he knows

Central

##### or believes to be false, shall, be liable for punishment

Act 45 of

##### provided for that offence under section 201/182 of 1860 Indian Penal Code, 1860.

Punishment for 13. Whoever attempts to commit any offence under this Central
attempt to Act and does any act towards such commission shall Act 45 of
commit offences be punishable as per the provisions of section 511 of 1860

##### the Indian Penal Code, 1860,

Punishment for 14. (1) Whoever abets any offence under this Act, shall
abetment of be punished with the same punishment provided
offence for that offence under the relevant provisions of

##### this Act.

 (2) A public servant who wilfully refuses to register
 the case or neglects the investigation or tries to withhold facts and evidences relating to the case with intention to minimize the gravity of the offence, shall be deemed to have abetted the offence and shall be liable for punishment for the offence as provided under this Act.

Punishment for 15. If it is established that there has been community
community involvement in causing such offences under this Act,
involvement everyone of the community involved may be fined as

##### punishment which shall not be less than Rs. 5,000/- to each but may extend to Rs. 30,000/- and who so ever fails to deposit the said fine shall undergo one
 year imprisonment in addition to the punishment
 imposed upon him by the court fixing specific accusations in the proceeding.

Constitution of 16. (1) For trial of offences under this Act, the State

Special Courts, Government shall constitute Special Courts in
their powers, consultation with the High Court.

functions and (2) The Special Court shall exercise such powers
procedures

##### and functions and follow such procedures as laid down under the Code for the trial of warrant cases.
 (3) The Special Court shall complete trial of any case
 under this Act within one year from the date of filing of police report before the court..

Offences to be
cognizable, non- 17. Every offence under this Act shall be cognizable,

bailable and non-bailable and non-compoundable within the

non-compoundable

##### meaning of the Code.


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THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 30, 2018 2587

Punishment for 18. An offender, wilfully or otherwise, failing to pay the
non-payment of fine Ordered by the Court, shall be liable to undergo
fine imprisonment as provided under section 64 of the Act No.

of186C

Indian Penal Code, 1860

Fines to be paid 19. (1) The fine realized as punishment for an offence
as under the Act, shall be paid to the victim or
compensation his/her next of kin as compensation by following
to the victim

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.

Appeal 20. The aggrieved person may prefer an appeal before

the High Court as per the provisions of the Code.

Measures to 21 (1) When a police officer receives information or a
protect persons report that witch hunting is likely to be
from witch committed or there are reasonable grounds to
hunting

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.


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##### (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

Central

##### concerned police officer and shall be dealt with

Act No.

##### similar legal provision under the Criminal Law

of 2013

##### 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 his/her
 jurisdiction shall take necessary step to protect
 the person(s) associated with social
 works/NGO(s), who organize awareness
 programmes on witch hunting.

Special 22. (1) The State Government shall, -
Provisions (a) issue necessary guidelines from time to time,

##### not inconsistent with the provisions of this Act; (b) take measures for sensitisation and training of
 all stakeholders including officials and public regarding the issue of witch hunting, (c) ensure confidentiality during testimony of victim as well as witnesses; (d) grant adequate relief and compensation for victims of witch hunting; (e) provide rehabilitation mechanisms and
 schemes for victims of witch hunting; (f) provide counselling services for victims of witch hunting; (g) increase public awareness through various schemes to inform communities of the Act; (h) take steps for launching of campaigns against witch hunting through combined efforts of
 government, administration, voluntary'
 organisations, educational institutions etc.
 especially in regions where the menace is most rampant; (i) take steps for organising Women’s groups at
 village level and drawing up creative plans in consultation with such groups to enhance the self- confidcnce and economic independence of
 vulnerable women in such areas;


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THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 30, 2018 2589

##### (j) take appropriate measures to improve
 education and health in such affected areas;

Obligation of 23. (1) All Government functionaries and local bodies
certain including Panchayats and Village Council
persons/ Development Committees (VCDCs), Government
authorities to

##### Gaonburah as may be specified by the Collector

report about the

##### or the District Magistrate in relation to any area

commission of

##### and the inhabitants of such area shall, if they

offence under

##### have reason to believe or have the knowledge

the Act

##### that witch hunting is about to be, or has been, committed in the area, shall forthwith report such fact to the nearest police station and assist the police in the execution of the provisions of this Act or any rule or order made thereunder;
 (2) Any Government official who contravenes the provision of sub-section (1) shall be deemed to have committed misconduct under the relevant service rules and liable for departmental action or fine which may extend upto Rs. 10,000/-.

Person 24. Any person convicted of an offence under this Act, in
convicted to be relation to the commission of witch hunting, shall be
disqualified disqualified from inheriting the property of the
from inheriting

##### person against whom such witch hunting has been

property of the

##### committed.

victim

Rescue of victim 25. (1) Where a Magistrate/Executive-Magistrate has

##### reason to believe from information received from the police or from any other person authorised by State Government in this behalf or otherwise, that any person has been victimised in the name
 of witchcraft, he may direct a police officer not below the rank of a sub-inspector to enter such place, and to remove therefrom such person and produce him/her before him.
 (2) The police officer, after removing the person shall
 forthwith produce him/her before the Magistrate issuing the order.

Protective 26. The State Government may, in its discretion,
Homes and establish as many protective homes and
Rehabilitation rehabilitation centres under the Act as it thinks fit
Centres and such homes and centres when established shall

##### be maintained in such manner as may be prescribed.

Free medical 27. The State Government shall provide free medical
assistance to assistance including medicines and other supportive
the victims system to victims of witch hunting.


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2590 THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 30, 2018

Rehabilitation 28. The State Government, as the case may be, shall
grant to the provide for rehabilitation grant to be paid to the

victims or next victim or his/her next of kin in such manner as may
of kins be as prescribed for the offences committed against

##### them under this Act and, for any other
 offence/offences which has not been defined in the Act but has been defined in other criminal laws, for the time being in force.

Free legal 29. The aggrieved person shall have right to free legal Central
services to the services under the Legal Services Authorities Act, Act 39
aggrieved 1987. of 1987
person

Section 438 of 30. Nothing in section 438 of the Code shall apply in Central
the Code not to relation to any case involving the arrest of any Act 2 of
apply to person on accusation of having committed an offence ^74
persons under this Act.
committing an
offence under
the Act
Application of 31. Subject to other provisions of this Act, the provisions
certain of section 34, Chapter III, Chapter IV, Chapter V,
provisions of Chapter V-A, section 149 and Chapter XXIII of the
the Indian Penal Indian Penal Code, 1860 shall, so far as may be, Central
Code Act 45

##### apply for the purposes of this Act as they apply for

of 1960

##### the purpose of the said Code.

Act to override 32. The provisions of this Act shall have effect,
other laws notwithstanding, anything inconsistent therewith

##### contained in any other State law, custom or usage or any instrument having effect under any law.

Protection of 33. No suit, prosecution or other proceedings shall lie
action taken in against the Government or any officer or authority of
good faith the Government or any other person for anything

##### which is in good faith done or intended to be done under this Act.

Power of State 34 (1) The State Government may, by notification in the

Government to Official Gazette, make rules for carrying out the
make rules purposes of this Act.

##### (2) In particular, and without prejudice to the
 generality of the foregoing power, such rules may provide for all or any of the following matters, namely (i) procedure for payment of the compensation to the victim as provided under section 19; (ii) manner of maintenance of protective homes and rehabilitation centres under section 26;


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THE ASSAM GAZETTE, EXTRAORDINARY, JUNE 30, 2018 2591

##### (iii) manner in which the rehabilitation grant shall be paid to victims of witch hunting under section 28; (iv) any other matter which may be prescribed in conformity[7] with the Act.

 (3) Every rule made under this section shall be laid
 as soon as may be after it is made before the Assam Legislative Assembly while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, the house agrees in making any modification in the rule or that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or
 annulment shall be without prejudice to the validity of anything previously done under that rule.

**S. M. BL’ZAR BARE AH,**

Commissioner & Secretary to the Government of Assam,

Legislative Department, Dispur, Guwahati-6.

Guwahati: Printed and Published by the Dy. Directors (P & S), Directorate of Printing & Stationery, Assam, Guwahati-21.

Extraordinary Gazette No. 679 - 200 10 - 30 - 06- 2018. (visit at- dpns.assam.gov.in)


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