Prevention and eradication of human sacrifice and other inhuman, evil and aghori practices and black magic. 3. (1) No person shall either himself or through any other person commit, promote, propagate or practice or cause to promote, propagate or practice human sacrifice and other inhuman, evil and aghori practices and black magic mentioned or described in the Schedule appended to this Act.
- (2) From the date of coming into force of this Act, commission of any act of human sacrifice and other inhuman, evil and aghori practices and black magic and any advertisement, practice, propagation or promotion of human sacrifice and other inhuman, evil and aghori practices and black magic, in violation of the provisions of this Act, by any person by himself or through any other person shall constitute an offence under the provisions of this Act, and the person guilty of such offence shall, on conviction, be punished with imprisonment for a term which shall not be less than six months but which may extend to seven years and with fine which shall not be less than five thousand rupees but which may extend to fifty thousand rupees.
- (3) Whoever abets the commission of, or attempts the commission of any act or offence punishable under sub-section (2) shall be deemed to have committed that offence and shall, on conviction, be punished with the same punishment for such offences in sub-section (2).
- (4) The offence punishable under sub-section (2) shall be cognizable and non-bailable.
Jurisdiction to try offences.
4. No Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of First Class shall try any offence punishable under section 3.
Vigilance Officer. 5. (1) The State Government may, by notification in the Official Gazette, and subject to such terms and conditions as may be specified in the notification, appoint for any one or more police stations, as may be specified in the notification, one or more police officers to be known as the Vigilance Officer :
Provided that, such officer shall not be below the rank of an Inspector of Police.
- (2) It shall be the duty of the Vigilance Officer,—
- (i) to detect and prevent the contravention or violation of the provisions of this Act and the rules made thereunder, in the area of his jurisdiction and report such cases to the nearest police station within the area of his jurisdiction ; and upon filing of complaint to the police station by any victim or any member of his family, to ensure due and speedy action thereon and to give necessary advice, guidance and help to the concerned police station;
- (ii) to collect evidence for the effective prosecution of persons contravening the provisions of this Act; and to report the same to the police station of the area in which such contravention has been or is being committed ;
- (iii) to discharge such other functions as may be assigned to him, from time to time, by the State Government. by general or special order issued in this behalf.
