Sprinkling Mustard In Front Of Someone's House Without Ill-Motive Is Not Offence Under Black Magic Act: Bombay High Court

The Bombay High Court at Aurangabad, has said that merely sprinkling white mustard infront of someone's house door would not constitute an offence under Maharashtra Prevention and Eradication of Human Sacrifice and Other Inhuman, Evil and Aghori Practices and Black Magic Act 2013, unless an ill motive or intention is attributed to it. The court thus quashed an FIR against a man lodged under the 2013 Act who was accused of sprinkling white mustard in front of the complainant's house door. In doing so the court also observed that applicant and the complainant were distant relatives with a matrimonial dispute going on between their family members; thus possibility of an FIR lodged as a tool for settlement cannot be ruled out. Justice SG Chapalgaonkar in his order observed that the allegation against the applicant was that he "sprayed or sprinkled white mustard" in the premises of respondent no. 2's house.The court noted that the identification of the applicant was based on alleged CCTV footage recorded in camera installed at house of respondent no. 2's neighbour Ramrao Kakde. However the court after perusing the charge sheet noted, that the statement of the neighbour had not been recorded and was also not part of the charge-sheet."Therefore, statement in FIR that motorcycle was seen in CCTV footage is not supported by statement of Mr. Ramrao Kakde, who is custodian or author of CCTV footage. Secondly, FIR merely suggest that person wearing helmet was seen on said motorcycle. Applicant is made accused only for reason that registration of motorcycle seen in CCTV footage is in the name of Applicant. Apparently, there is nothing to establish identity of Applicant as a person being rider of motorcycle. Even otherwise, if allegations in FIR are taken as it is on face value, act of sprinkling white mustard by accused itself would not constitute offence punishable under Section 3(2) of Act of 2013," the court said. The court referred to Section 3(2) and observed that any act of human sacrifice, evil and aghori practices and black magic by any person by himself or through any other person had been made punishable under the provision. This section states that any person committing 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 Act, will be punished with imprisonment for a term not be less than 6 months which may extend to 7 years, and fine not be less than Rs. 5000 but which may extend to Rs. 50,000.The court referred to the definition of "human sacrifice and other inhuman, evil and aghori practices and black magic" as well as the various practices mentioned under the Schedule of the Act and said that though the definition is exhaustive and covers acts and practices, such act and practices must be with "ill-motive or intention to induce person, who was subjected to such practice"."In present case, mere allegation that accused person sprayed white mustard in premise of informant, however, without explaining intention behind such act, hence, it is not possible to bring such act within purview of act punishable under Section 3(2) of Act of 2013...It is discernible that Applicant and Informant are distinct relatives and there was on going matrimonial dispute between family members. The matrimonial dispute between Applicant's son and his wife was settled in Family Court Appeal No. 83/2024 as per terms of compromise dated 23.06.2025 and present FIR is lodged on 20.06.2025. There is close semblance between two proceedings. The possibility that FIR is filed as a tool in settlement cannot be ruled out," the court said. The court was hearing a man's plea seeking quashing of an FIR registered for offences punishable under Section 3(2) of the 2013 Act. The respondent no. 2 had alleged that on the morning of 11.06.2025, he woke up and found white mustard sprinkled in front of the door of his house. When he checked CCTV footage recorded in cameras installed by his neighbor, he noticed that a motorcycle had passed by his house. This motorcycle was found to be registered in name of the applicant. It was alleged that from the night of 10.06.2025 till the morning of 11.06.2025, the applicant had sprinkled white mustard in the premises of the petitioner's house. It was alleged that a similar incident had occurred at the premises of one Jyoti Shrirang Wadhekar. This information culminated into an FIR under Black Magic Act. The applicant argued that the alleged act must be shown to be done with intent to exploit or cause harm to victim through use of supernatural practices. There were no allegations in FIR that any sort of coercion or physical or financial harm or fraud is committed by accused against informant. It was urged that FIR or the contents of charge-sheet are bereft to establish identity of Applicant as accused....

Sprinkling Mustard In Front Of Someone's House Without Ill-Motive Is Not Offence Under Black Magic Act: Bombay High Court

Malavika Prasad

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