Black magic, witchcraft, and superstition-driven practices remain significant social issues in India, resulting in financial exploitation, physical harm, and deaths every year. According to NCRB data, India recorded 88 deaths due to witchcraft and 11 human sacrifice-related deaths in 2020 alone. Despite these alarming numbers, India does not have a central nationwide anti-black magic law. Instead, protection comes from state-specific laws in Maharashtra and Karnataka, and the general provisions of the BNS and IPC for criminal acts committed under the guise of superstition. This article explains the full legal picture.
No Central Law: The National Gap
There is currently no Central Government legislation specifically banning black magic, witchcraft, or superstition-driven practices across India. The Prevention of Witch Hunting Bill was introduced in the Lok Sabha in 2016 but was not passed. As a result, states with specific anti-superstition laws have a framework for direct action; states without them must rely on general criminal law provisions. States with documented witchcraft-related deaths but no specific anti-superstition law (Chhattisgarh, Madhya Pradesh, Jharkhand) rely on BNS/IPC murder, assault, and fraud provisions to prosecute offenders after the fact — not before. Multiple social reform organisations, including the late Dr. Narendra Dabholkar’s Maharashtra Andhashraddha Nirmoolan Samiti (MANS), have campaigned for a central law, but legislative will at the national level has been lacking due to concerns about interfering with religious practices.
Maharashtra Anti-Superstition and Black Magic Act, 2013
The Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013 is the strongest and most comprehensive anti-superstition law in India. Enacted after years of campaigning by Dr. Narendra Dabholkar (who was assassinated in August 2013, just days before the Act’s enactment), the Act criminalises: human sacrifice; witch-branding (accusing someone of practising witchcraft); claiming to have supernatural healing powers and defrauding patients; claiming to change the gender of an unborn child; performing ‘psychic surgery’ (fake surgery by fingers); coercing people into sexual acts by invoking supernatural forces; preventing people from seeking medical treatment by claiming supernatural intervention; and using aghori practices (including use of human remains) for ritual purposes.
Punishment under the Maharashtra Act: imprisonment from 6 months to 7 years; fine from Rs 5,000 to Rs 50,000. All offences are cognisable (police can arrest without warrant) and non-bailable. The Act explicitly excludes legitimate religious practices — prayers, rituals, and worship — and focuses on practices that cause physical harm, financial fraud, or psychological exploitation. The Bombay High Court (Rohan Vishwas Kulkarni v. State of Maharashtra, April 2025) upheld this distinction, confirming that the Act targets harmful exploitation, not religious belief.
Karnataka: Prevention of Inhuman Evil Practices and Black Magic Act, 2017
Karnataka enacted the Karnataka Prevention and Eradication of Inhuman Evil Practices and Black Magic Act in 2017, broadly modelled on Maharashtra’s legislation. The Act similarly prohibits human sacrifice, witch-hunting, supernatural healing fraud, and sexual exploitation through superstition. Karnataka’s Act covers additional provisions relevant to the state’s specific ritual practices and includes penalties similar to Maharashtra’s framework. Several other states including Rajasthan, Assam, Odisha, and Jharkhand have state-specific witch-hunting laws primarily aimed at protecting women from being labelled witches — a practice that often leads to violence and social exclusion.
BNS/IPC Provisions That Apply Nationwide
In the absence of a central anti-superstition law, offences committed under the guise of black magic are prosecuted using general criminal law provisions. BNS Section 103 (Murder): If a human sacrifice results in death, the practitioners are charged with murder. The Supreme Court in Ishwari Lal Yadav v. State of Chhattisgarh (2019) confirmed death sentences for a couple who sacrificed a two-year-old child, describing it as ‘the rarest of the rare’ case — superstitious belief provides no defence to murder. BNS Section 318 (Cheating): Godmen who take money from vulnerable people by falsely claiming supernatural powers can be prosecuted for cheating — a very commonly used provision. BNS Section 351 (Criminal Intimidation): Threatening someone with supernatural harm unless they comply with demands. Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954: Prohibits advertisements claiming to cure diseases through magic, witchcraft, or supernatural means. The legal provision is nationwide, though enforcement is weak.
Who Is Targeted: The Exploiters, Not the Believers
A critical constitutional dimension: Articles 25 and 26 of the Constitution protect freedom of religion, including the right to practise and propagate religion. Personal religious belief in supernatural forces, following spiritual rituals, and visiting temples or astrologers is a protected constitutional right. Anti-superstition laws specifically target those who use the claim of supernatural power to: defraud vulnerable people financially; harm people physically; sexually exploit through the threat of supernatural consequences; prevent people from accessing life-saving medical care; and brand individuals (especially women) as witches resulting in social exclusion or violence. Faith is protected; fraud and harm committed in the name of faith are not.
Final Thought
India’s laws against black magic and superstition-driven harm are state-specific (Maharashtra and Karnataka being the strongest), supplemented by general BNS/IPC provisions for murder, fraud, intimidation, and cheating that apply nationwide. The central legislative gap remains a serious problem — states like Chhattisgarh, which regularly records the highest witchcraft-related deaths, still lack dedicated legislation. If you are being exploited by someone claiming supernatural powers: file a police complaint under BNS Section 318 (cheating); in Maharashtra or Karnataka, specifically cite the state’s anti-superstition Act; call the police on 100; and contact local rationalist organisations (MANS in Maharashtra) who actively assist victims. Superstition exploits fear — knowledge of your legal rights is the strongest counter.
Frequently Asked Questions (FAQs)
Q1. Is performing a puja or following astrology illegal under anti-superstition laws?
No. Maharashtra’s Anti-Superstition Act and Karnataka’s similar legislation explicitly exclude legitimate religious practices, including puja, prayer, rituals, astrology consultation, and traditional spiritual healing. The Bombay High Court confirmed in 2025 that the Act targets exploitative and harmful practices — not sincere religious belief. You can continue attending religious ceremonies, performing rites of passage, visiting temples, following astrological advice, and practising your faith without any legal concern under these laws.
Q2. Can I file a case against a godman who took money promising to cure my illness through black magic?
Yes. This is a textbook case of cheating under BNS Section 318 — obtaining money dishonestly by making false representations (claiming supernatural healing powers). In Maharashtra and Karnataka, it additionally violates the specific anti-superstition Acts. File an FIR at your local police station with all evidence: payments made (receipts, bank transfers), promises made (recordings, written communications), and the failure to deliver any result. The Drugs and Magic Remedies Act also applies if the godman advertised his services with specific disease-cure claims.
Q3. What can I do if my neighbour has been labelled a witch and is being harassed?
This is a serious human rights issue. File a police FIR immediately under BNS provisions: Section 351 (criminal intimidation), Section 108 (abetment if others are inciting the harassment), and Section 116 (assault/threat). In states with anti-superstition laws, specifically cite the Act’s provisions against witch-branding. Contact the State Human Rights Commission. Reach out to the National Commission for Women (if the victim is a woman, as witch-labelling overwhelmingly targets women). Many witchcraft-related violence cases in tribal areas involve community collusion — documenting and reporting to district authorities is critical.
Q4. Is there an organisation I can contact for help with superstition-related exploitation?
Yes. Maharashtra Andhashraddha Nirmoolan Samiti (MANS) — the rationalist organisation founded by Dr. Narendra Dabholkar — actively assists victims of superstition-based exploitation. They work with police and are familiar with the Maharashtra Act’s provisions. Contact details are available on their website. The National Commission for Women (www.ncw.nic.in) handles cases of witch-hunting targeting women. The NCPCR (www.ncpcr.gov.in) handles cases involving children. Local district legal aid services (DLSA) provide free legal help to victims.
Q5. Can human sacrifice ever be defended on religious grounds?
Absolutely not. The Supreme Court of India in Ishwari Lal Yadav v. State of Chhattisgarh (2019) explicitly and emphatically rejected any cultural or religious defence for human sacrifice. The Court stated that no superstitious belief, however deeply held, can justify killing a human being. Human sacrifice is murder under BNS Section 103, punishable by death in the ‘rarest of rare’ category. The constitutional protection for religion under Article 25 is explicitly subject to ‘public order, morality and health’ — there is no religious protection that extends to ending human life.
