The Karnataka High Court clarified that the Karnataka Black Magic Act, 2017, applies only when black magic is performed or attempted. The Court dismissed a husband’s complaint against his wife under this Act.
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BENGALURU: The Karnataka High Court has provided a clarification on the application of the Karnataka Prevention and Eradication of Inhuman Evil Practices and Black Magic Act, 2017. The Court stated that the provisions of this law can only be invoked when an act of black magic is either performed or there is at least an attempt to carry out such an act. This ruling was delivered while dismissing a complaint filed by a husband against his wife under the 2017 Act.
In the course of the judgment, Justice M. Nagaprasanna emphasized the importance of the term “performing” as used in Section 3(1) of the Act.
He elaborated-
“Section 3(1) of the Act begins with the term ‘performing’ any inhuman or evil act, including black magic.”
This interpretation highlights that for criminal proceedings to be initiated under this provision, there must be a concrete act of inhuman evil practice or black magic, rather than mere suspicion or unfulfilled intent.
The Court further observed-
“There is no act performed, nor any attempt to carry out the elements of the Black Magic Act. The WhatsApp chats are entirely vague. It is evident that the husband initiated this proceeding as a retaliatory measure against the criminal case filed by his wife.”
The case revolves around a couple who married in 2018 and subsequently lodged complaints against each other. The wife filed a complaint alleging dowry harassment and initiated proceedings to annul the marriage. She also sought custody of their two children. In response, the husband filed a complaint with the police against his wife and her friend, accusing them of attempting to murder him and his mother through black magic, basing his claims solely on WhatsApp conversations between his wife and her friend.
However, the High Court found the husband’s claims to be without merit, primarily because there was no substantial evidence of any black magic being performed or attempted. The Court highlighted that the allegations were vague and appeared to be a retaliatory move against the wife’s earlier complaints.
Relief Granted by the Court
While the Court quashed the criminal case against the wife, it took a different stance regarding the dowry harassment case filed by the wife against the husband. The Court refused to quash this case, indicating that it held merit and required further legal scrutiny. However, the Court provided relief to the husband’s mother, who had also been named as an accused in the dowry harassment case, by quashing the charges against her.
This ruling by the Karnataka High Court sets an important precedent regarding the invocation of the Karnataka Prevention and Eradication of Inhuman Evil Practices and Black Magic Act, 2017. The judgment makes it clear that the law is not to be used frivolously or as a tool for personal vendettas without substantial evidence of black magic practices.
