DEPARTMENT OF LAW
The 25th February, 2014
NOTIFICATION
No. 2096 I-Legis-20/2013/L- The following Act of the Odisha Legislative
Assembly having been assented to by the Governor on the 15th February, 2014
is hereby published for general information :–
ODISHA ACT 3 OF 2014
AN ACT TO PROVIDE FOR EFFECTIVE MEASURES TO TACKLE
THE MENACE OF WITCH HUNTING AND TO PREVENT THE PRAC-
TICES OF WITCH CRAFT IN THE STATE OF ODISHA AND FOR
MATTERS CONNECTED THEREWITH AND INCIDENTAL THERETO.
BE it enacted by the Legislature of the State of Odisha in the Sixty-
fourth Year of the Republic of India as follows: -
1. Short title, extent and commencement- (1) This Act may be called
the Odisha Prevention of Witch-hunting Act, 2013.
(2) It extends to the whole of the State of Odisha.
(3) It shall come into force on such date as the State Government
may, by notification,appoint.
2. Definitions- In this Act, unless the context otherwise requires, —
(a) “Witch” means a woman, locally known as “Dahani’, “Dayan”
or otherwise, who has been identified by any person or persons
believing her to be in possession of, or is having, any evil power
for causing any harm to any person or his property;
(b) “Witch craft” means use of supernatural or magical power with
evil intention to call up spirit or cast spell or discover the
whereabouts of stolen goods and includes such other similar
practices which are locally known as ‘Guni’, ‘Jhada phunka’, ‘Cot
Bidya’, ‘Bata Bidya’, ‘Kula Bidya’, ‘Nakha Darpana’ or by any other
name;
* Published by Orissa Gazette Extraordinary No. 434, dt. 25.02.2014.
The Odisha Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 434 Dated. 25 February, 2014
(c)“Witch-doctor” means a person who claims to be a Gunia,
Tantrik, Kalisi or by any other name called and claims or is believed
to be having supernatural or magical power to control or to cure a
witch or by performing rituals to free a woman from evil spirit or
bless a woman with a child or performs any ritual on behalf of any
person with an intention to harm a person;
(d) “Witch- hunting” means any act of omission, commission or
conduct on the part of any person,—
(i) identifying, accusing or defaming a woman as a witch, or
(ii) harassing, harming or injuring such woman whether mentally
or physically or damaging her property.
3. Prohibition of witch-hunting and practising witch craft- No per-
son shall commit witch-hunting or exercise or practise witch craft with intent to
cause harm or injury to another person.
4. Penalty for witch hunting- (1) Whoever, except in the cases pro-
vided for in sub-section (2), commits witch-hunting, or abets, or provokes for
witch hunting, shall be punishable with imprisonment for a term which may ex-
tend to three years or with fine but which shall not be less than one thousand
rupees or with both.
(2) Whoever forces any woman, branding her as witch, to drink or eat
any inedible substance or any other obnoxious substance or parade her with
painted face or body or commits any similar acts which is derogatory to human
dignity or displaced from her house, shall be punishable with imprisonment for a
term which shall not be less than one year but may extend to five years and with
fine.
5. Penalty for witch craft- Whoever practises witch craft or other simi-
lar practices with intent to cause harm or injury to any person shall be punish-
able with imprisonment for a term which shall not be less than one year but
which may extend to three years or with fine which shall not be less than five
thousand rupees or with both.
6. Penalty for witch-doctor- Whoever performs any practice as witch
doctor knowingly that such practices shall cause harm or injury to the person
upon whom such practices is being performed, shall be punished with imprison-
ment for a term which shall not be less than one year but may extend to three
years or with fine which shall not be less than five thousand rupees or with both.
7. Enhancement of the punishment- Whoever, having already been
convicted of an offence punishable under this Act, is convicted for the second
offence or any offence subsequent to second offence, shall be punishable with
imprisonment for a term which shall not be less than three years but may extend
to seven years and with fine which shall not be less than ten thousand rupees.
8. Act not in derogation of any other law- The provisions of this Act
shall be in addition to, and not in derogation of, the provisions of any other law
for the time being in force.
9. Order for compensation- (1) Where a sentence of fine is imposed
under sections 4,5,6 and 7 the Court shall, in fixing the amount of fine, take into
consideration the physical and mental damage caused to the victim including
any cost of treatment and also damage, if any, caused to the property.
(2) When a Court imposes sentence of fine, the court shall while pass-
ing judgment, order the whole or part of the fine recovered to be awarded as
compensation to the victim.
10. Offence to be cognizable and non-bailable- Every offence under
this Act shall be cognizable and non-bailable.
11. Preventive action to be taken by the State Government- The
State Government may make one or more schemes to conduct awareness pro-
gramme on blind belief and educate people about the absurd concept of evil
spirit, witch craft and for such other matters as the State Government may
deem proper.
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