AND WHEREAS under the circumstance it became absolutely necessary for the Government to take appropriate and stringent social and legal measures to effectively prevent such evil effects and spread of these harmful practices, usages, black magic and such other inhuman, evil, sinister and aghori practices and to save the common people from falling prey to the sinister designs of the black magicians and conmen, whose false claims of possessing magical or miraculous remedies or powers and anti-social and harmful activities were threatening to damage the very social fibre and the beliefs of the common people in the authentic and scientific medical remedies and cures; and driving them, on account of ignorance, to take recourse to such black magicians and conmen;
AND WHEREAS both Houses of the State Legislature were not in session;
AND WHEREAS the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate action to make a law for the purposes aforesaid; and, therefore, promulgated the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Ordinance, 2013, on the 26th August 2013;Mah. Ord. XIV of 2013
AND WHEREAS it is expedient to replace the said Ordinance by an Act of the State Legislature; it is hereby enacted in the Sixty-fourth Year of the Republic of India as follows:-
Short title, extent and commencement. 1. (1) This Act may be called the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013.
- (2) It extends to the whole of the State of Maharashtra.
- (3) It shall be deemed to have come into force on the 26th August 2013.
Definitions. 2. (1) In this Act, unless the context requires otherwise,—
- (a) “Code” means the Code of Criminal Procedure, 1973;2 of 1974
- (b) “human sacrifice and other inhuman, evil and aghori practices and black magic” means the commission of any act, mentioned or described in the Schedule appended to this Act, by any person by himself or caused to be committed through or by instigating any other person;
- (c) “prescribed” means prescribed by rules made under this Act;
- (d) “propagate” means issuance or publication of advertisement, literature, article or book relating to or about human sacrifice and other inhuman, evil and aghori practices and black magic and includes any form of direct or indirect help, abatement, participation or co-operation with regard to human sacrifice and other inhuman, evil and aghori practices and black magic;
- (e) “rules” means the rules made under this Act.
(2) Words and expressions used but not defined herein, shall have respective meanings as assigned to them in the Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954 and the Code.21 of 1954
