Prevention of Witch (Daain) Practices Act, 1999
An Act to provide for the effective measures to prevent the Witch Practices and identification of a woman as a witch and their oppression partly prevalent in Tribal areas and elsewhere 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 follow:
Section 1. Short title, extent and Commencement
(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.
Section 2. Definitions
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 someone else having the power or intention of harming any person through the act of black magic, evil eyes, or Mantras and it is deemed that she will harm or 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 a 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 perons 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.
Section 3. Identification of Witch (Daain)
Whoever identifies any person as a Witch (Daain) and does any act towards such identification either by words, actions or manner shall be punished with imprisonment for a term which may extend to 3 months or fine of Rs. 1,000 or with both.
Section 4. Damages for causing harm
Any person who cause any kind of physical or mental torture to any women by identifying that her as a witch (Daain) whether deliberately or otherwise shall be punished with imprisonment for a term which may extend to 6 months or fine of Rs. 2,000 or with both.
Section 5. Abetment in the identification of Which (Daan)
Any person who intentionally or inadvertently abets, conspires, aids, instigates any other person or persons of the society whether in identification of any woman as a Witch (Daain) with an intention to cause by anyone to that to harm shall be punished with imprisonment for a term which may extend to 3 months or fine of Rs. 1,000 or with both.
Section 6. Witch (Daain) Curing
Whoever does any act of so healing allegedly or purportedly and of curing any woman said to be Witch (Daain) by doing any act of Jhadphook or Totka and thereby causing any kind of physical or mental harm and torture to that person identified as a Witch (Daain) in any manner shall be punished with imprisonment for a term which may extend to one year or fine of Rs. 2,00 or with both.
Section 7. Procedure for trial
All offences of this Act shall be cognizable and non-bailable.
1. Published in Bihar Gazette (Ex. Ord.) dated 27.10.1999.