The Commission of Sati (Prevention ) Act, 1987
# THE COMMISSION OF SATI (PREVENTION) ACT, 1987
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 ARRANGEMENT OF SECTIONS
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PART I

PRELIMINARY

SECTIONS

1. Short title, extent and commencement.
2. Definitions.


PART II

PUNISHMENTS FOR OFFENCES RELATING TO SATI

3. Attempt to commit sati.
4. Abetment of sati.
5. Punishment for glorification of sati.

PART III

POWERS OF COLLECTOR OR DISTRICT MAGISTRATE TO PREVENT OFFENCES RELATING TO SATI

6. Power to prohibit certain acts.
7. Power to remove certain temples or other structures.
8. Power to seize certain properties.

PART IV

SPECIAL COURTS

9. Trial of offences under this Act.
10. Special Public Prosecutors.
11. Procedure and powers of Special Courts.
12. Power of Special Court with respect to other offences.
13. Forfeiture of funds or property.
14. Appeal.

PART V

MISCELLANEOUS

15. Protection of action taken under this Act.
16. Burden of proof.
17. Obligation of certain persons to report about the commission of offence under this Act.
18. Person convicted of an offence under section 4 to be disqualified from inheriting certain

properties.

19. [Repealed.]
20. Act to have overriding effect.
21. Power to make rules.
22. Repeal of existing laws.

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# THE COMMISSION OF SATI (PREVENTION) ACT, 1987


# ACT NO. 3 OF 1988

[3[rd] January, 1988.]

# An Act to provide for the more effective prevention of the commission of sati and its
 glorification and for matters connected therewith or incidental thereto,

WHEREAS _sati or the burning or burying alive of widows or women is revolting to the feelings of_

human nature and is nowhere enjoined by any of the religions of India as an imperative duty;

ANDWHEREAS it is necessary to take more effective measures to prevent the commission of sati and

its glorification;

BE it enacted by Parliament in the Thirty-eighth Year of the Republic of India as follows:—

PART I

PRELIMINARY

**1. Short title, extent and commencement.—(1) This Act may be called the Commission of Sati**

(Prevention) Act, 1987.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

(3) It shall come into force in a State on such date[1]as the Central Government may, by notification in

the Official Gazette, appoint, and different dates may be appointed for different States.

**2. Definitions.—(1) In this Act, unless the context otherwise requires,—**

(a) “Code” means the Code of Criminal Procedure, 1973 (2 of 1974);

(b) “glorification”, in relation to _sati, whether such_ _sati, was committed before or after the_

commencement of this Act, includes, among other things,—

(i) the observance of any ceremony or the taking out of a procession in connection with the

commission of sati; or

(ii) the supporting, justifying or propagating the practice of sati in any manner; or

(iii) the arranging of any function to eulogise the person who has committed sati; or

(iv) the creation of a trust, or the collection of funds, or the construction of a temple or other

structure or the carrying on of any form of worship or the performance of any ceremony thereat,
with a view to perpetuate the honour of, or to preserve the memory of, a person who has
committed sati;

(c) “sati” means the act of burning or burying alive of—

(i) any widow along with the body of her deceased husband or any other relative or with any

article, object or thing associated with the husband or such relative; or

(ii) any woman along with the body of any of her relatives, irrespective of whether such

burning or burying is claimed to be voluntary on the part of the widow or the woman or
otherwise;

(d) “Special Court” means a Special Court constituted under section 9;

(e) “temple” includes any building or other structure, whether roofed or not, constructed or made

to preserve the memory of a person in respect of whom sati has been committed or used or intended
to be used for the carrying on of any form of worship or for the observance of any ceremony in
connection with such commission.

1. 21stMarch, 1988, vide notification No. G.S.R. 359(E), dated 21st March, 1988, see Gazette of India, Extraordinary, Part II,
sec. 3(i).

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(2) Words and expressions used but not defined in this Act and defined in the Indian Penal Code (45

of 1860), or in the Code shall have the same meanings as are respectively assigned to them in the Indian
Penal Code or the Code.

PART II

PUNISHMENTS FOR OFFENCES RELATING TO SATI

**3. Attempt to commit** **_sati.—Notwithstanding anything contained in the Indian Penal Code(45 of_**

1860), whoever attempts to commit sati and does any act towards such commission shall be punishable
with imprisonment for a term which may extend to six months or with fine or with both:

Provided that the Special Court trying an offence under this section shall, before convicting any

person, take into consideration the circumstances leading to the commission of the offence, the act
committed, the state or mind of the person charged of the offence at the time of the commission of the act
and all other relevant factors.

**4. Abetment of sati.—(1) Notwithstanding anything contained in the Indian Penal Code (45 of 1860),**

if any person commits sati, whoever abets the commission of such sati, either directly or indirectly, shall
be punishable with death or imprisonment for life and shall also be liable to fine.

(2) If any person attempts to commit _sati, whoever abets such attempt, either directly or indirectly,_

shall be punishable with imprisonment for life and shall also be liable to fine.

_Explanation.—For the purposes of this section, any of the following acts or the like shall also be_

deemed to be an abetment, namely:—

(a) any inducement to a widow or woman to get her burnt or buried alive along with the body of

her deceased husband or with any other relative or with any article, object or thing associated with the
husband or such relative, irrespective of whether she is in a fit state of mind or is labouring under a
state of intoxication or stupefaction or other cause impeding the exercise of her free will;

(b) making a widow or woman believe that the commission of sati would result in some spiritual

benefit to her or her deceased husband or relative or the general well being of the family;

(c) encouraging a widow or woman to remain fixed in her resolve to commit _sati and thus_

instigating her to commit sati;

(d) participating in any procession in connection with the commission of sati or aiding the widow

or woman in her decision to commit sati by taking her along with body of her deceased husband or
relation to the cremation or burial ground;

(e) being present at the place where sati is committed as an active participant to such commission

or to any ceremony connected with it;

(f) preventing or obstructing the widow or woman from saving herself from being burnt or buried

alive;

(g) obstructing, or interfering with, the police in the discharge of its duties of taking any steps to

prevent the commission of sati.

**5. Punishment for glorification of sati.—Whoever does any act for the glorification of sati shall be**

punishable 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 thirty
thousand rupees.

PART III

POWERSOF COLLECTOROR DISTRICT MAGISTRATETOPREVENTOFFENCESRELATING TO SATI

**6. Power to prohibit certain acts.—(1) Where the Collector or the District Magistrate is of the**

opinion that sati or any abetment thereof is being, or is about to be committed, he may, by order, prohibit
the doing of any act towards the commission of sati by any person in any area or areas specified in the
order.

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(2)The Collector or the District Magistrate may also, by order, prohibit the glorification in any

manner of sati by any person in any area or areas specified in the order.

(3) Whoever contravenes any order made under sub-section (1) or sub-section (2) shall, if such

contravention is not punishable under any other provision of this Act, be punishable 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 thirty thousand rupees.

**7. Power to remove certain temples or other structures.—(1) The State Government may, if it is**

satisfied that in any temple or other structure which has been in existence for not less than twenty years,
any form of worship or the performance of any ceremony is carried on with a view to perpetuate the
honour of, or to preserve the memory of, any person in respect of whom _sati has been committed, by_
order, direct the removal of such temple or other structure.

(2) The Collector or the District Magistrate may, if he is satisfied that in any temple or other structure,

other than that referred to in sub-section (1), any form of worship or the performance of any ceremony is
carried on with a view to perpetuate the honour of, or to preserve the memory of, any person is respect of
whom sati has been committed, by order, direct the removal of such temple or other structure.

(3) Where any order under sub-section (1) or sub-section (2) is not complied with, the State

Government or the Collector or the District Magistrate, as the case may be, shall cause the temple or other
structure to be removed through a police officer not below the rank of a Sub-Inspector at the cost of the
defaulter.

**8. Power to seize certain properties.—(1) Where the Collector or the District Magistrate has reason**

to believe that any funds or property have been collected or acquired for the purpose of glorification of
the commission of any _sati or which may be found under circumstances which create suspicion of the_
commission of any offence under this Act, he may seize such funds or property.

(2) Every Collector or District Magistrate acting under sub-section (1) shall report the seizure to the

Special Court, if any, constituted to try any offence in relation to which such funds or property were
collected or acquired and shall await the orders of such Special Court as to the disposal of the same.

PART IV

SPECIAL COURTS

**9. Trial of offences under this Act.—(1) Notwithstanding anything contained in the Code, all**

offences under this Act shall be triable only by a Special Court constituted under this section.

(2) The State Government shall, by notification in the Official Gazette, constitute one or more Special

Courts for the trial of offences under this Act and every Special Court shall exercise jurisdiction in respect
of the whole or such part of the State as may be specified in the notification.

(3) A Special Court shall be presided over by a Judge to be appointed by the State Government with

the concurrence of the Chief Justice of the High Court.

(4) A person shall not be qualified for appointment as a Judge of a Special Court unless he is,

immediately before such appointment, a Sessions Judge or an Additional Sessions Judge in any State.

**10. Special Public Prosecutors.—(1) For every Special Court, the State Government shall appoint a**

person to be a Special Public Prosecutor.

(2) A person shall be eligible to be appointed as a Special Public Prosecutor under this section only if

he had been in practice as an advocate for not less than seven years or has held any post for a period of
not less than seven years under the State requiring special knowledge of law.

(3) Every person appointed as a Special Public Prosecutor under this section shall be deemed to be a

Public Prosecutor within the meaning of clause (u) of section 2 of the Code and the provisions of the
Code shall have effect accordingly.

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**11. Procedure and powers of Special Courts.—(1) A Special Court may take cognizance of any**

offence, without the accused being committed to it for trial, upon receiving a complaint of facts which
constitute such offence, or upon a police report of such facts.

(2) Subject to the other provisions of this Act, a Special Court shall, for the purpose of the trial of any

offence, have all the powers of a Court of Session and shall try such offence as if it were a Court of
Session, so far as may be, in accordance with the procedure prescribed in the Code for trial before a Court
of Session.

**12. Power of Special Court with respect to other offences.—(1) When trying any offence under**

this Act, a Special Court may also try any other offence with which the accused may, under the Code, be
charged at the same trial if the offence is connected with such other offence.

(2) If, in the course of any trial of any offence under this Act it is found that the accused person has

committed any other offence under this Act or under any other law, a Special Court may convict such
person also of such other offence and pass any sentence authorised by this Act or such other law for the
punishment thereof.

(3) In every inquiry or trial, the proceedings shall be held as expeditiously as possible and, in

particular, where the examination of witnesses has begun, the same shall be continued from day to day
until all the witnesses in attendance have been examined, and if any Special Court finds the adjournment
of the same beyond the following date to be necessary, it shall record its reasons for doing so.

**13. Forfeiture of funds or property.—Where a person has been convicted of an offence under this**

Act, the Special Court trying such offence may, if it is considered necessary so to do, declare that any
funds or property seized under section 8 shall stand forfeited to the State.

**14. Appeal.—(1) Notwithstanding anything contained in the Code, an appeal shall lie as a matter of**

right from any judgment, sentence or order, not being an interlocutory order, of a Special Court to the
High Court both on facts and on law.

(2) Every appeal under this section shall be preferred within a period of thirty days from the date of

the judgment, sentence or order appealed from:

Provided that the High Court may entertain an appeal after the expiry of the said period of thirty days

if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of
thirty days.

PART V

MISCELLANEOUS

**15. Protection of action taken under this Act.—No suit, prosecution or other legal proceeding shall**

lie against the State Government or any officer or authority of the State Government for anything which is
in good faith done or intended to be done in pursuance of this Act or any rules or orders made under this
Act.

**16. Burden of proof.—Where any person is prosecuted of an offence under section 4, the burden of**

proving that he had not committed the offence under the said section shall be on him.

**17. Obligation of certain persons to report about the commission of offence under this Act.—(1)**

All officers of Government are hereby required and empowered to assist the police in the execution of the
provisions of this Act or any rule or order made thereunder.

(2) All village officers and such other officers as may be specified by the Collector or the District

Magistrate in relation to any area and the inhabitants of such area shall, if they have reason to believe or
have the knowledge that sati is about to be, or has been, committed in the area shall forthwith report such
fact to the nearest police station.

(3) Whoever contravenes the provisions of sub-section (1) or sub-section (2) shall be punishable with

imprisonment of either description for a term which may extend to two years and shall also be liable to
fine.

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**18. Person convicted of an offence under section 4 to be disqualified from inheriting certain**

**properties.—A person convicted of an offence under sub-section (1) of section 4 in relation to the**
commission of _sati shall be disqualified from inheriting the property of the person in respect of whom_
such sati has been committed or the property of any other person which he would have been entitled to
inherit on the death of the person in respect of whom such sati has been committed.

**19.[Amendment of Act 43 of 1951].—Rep. by the Repealing and Amending Act, 2001 (30 of 2001) s.2**

_and the First Schedule(w.e.f.3-9-2001)._

**20. Act to have overriding effect.—The provisions of this Act or any rule or order made thereunder**

shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than
this Act or in any instrument having effect by virtue of any enactment other than this Act.

**21. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette,**

make rules for carrying out the provisions of this Act.

(2) Every rule made under this section shall be laid, as soon as may be after it is made, before each

House of Parliament, 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, both Houses agree in making any modification
in the rule or both Houses agree 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.

**22. Repeal of existing laws.—(1) All laws in force in any State immediately before the**

commencement of this Act in that State which provide for the prevention or the glorification of sati shall,
on such commencement, stand repealed.

(2) Notwithstanding such repeal, anything done or any action taken under any law repealed under

sub-section (1) shall be deemed to have been done or taken under the corresponding provisions of this
Act, and, in particular, any case taken cognizance of by a Special Court under the provisions of any law
so repealed and pending before it immediately before the commencement of this Act in that State shall
continue to be dealt with by that Special Court after such commencement as if such Special Court had
been constituted under section 9 of this Act.

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