Black Magic Act targets only harmful practices, not legitimate religious practices: Bombay High Court

The Bombay High Court recently held that the Maharashtra Black Magic Act, which was enacted to curb harmful practices, does not apply to legitimate religious practices, the sharing of traditional knowledge, or cultural expressions [Rohan Vishwas Kulkarni v State of Maharashtra and anr]..The Court’s observation came while upholding the discharge of one Ramesh Madhukar Modak, a self-proclaimed godman from Gujarat known as Shivkrupanand Swami, who had been accused of spreading fraudulent practices under the guise of spiritual guidance.In his April 2 ruling, Justice R N Laddha emphasized that the Black Magic Act was specifically designed to target harmful activities like human sacrifices, fraudulent rituals, and psychological exploitation, not legitimate religious practices. "The Black Magic Act was enacted to curb harmful practices that posed serious risk to individuals and society, including human sacrifices, fraudulent rituals, and psychological exploitation; and explicitly excludes legitimate religious practices, the sharing of traditional knowledge, and cultural or artistic expressions," the order read..The case dates back to 2011 when one Rohan Vishwas Kulkarni, first learned about Ramesh Madhukar Modak’s spiritual activities through an acquaintance. Kulkarni attended Modak’s workshop in June 2012 in Pune, where the accused claimed to have extraordinary spiritual powers that could guide young people in making career choices. Kulkarni claimed he was manipulated into traveling to Navsari, Gujarat for further guidance. There, he was forced to attend an eight-day workshop. When he returned to Pune in 2013, Kulkarni found an advertisement for another workshop, during which it was revealed that Modak would not physically attend but would communicate through his 'subtle body' and a CD. .The CD, allegedly 'blessed' by Modak, was sold for ₹250 to participants. Over time, Kulkarni grew mentally and physically distressed, leading him to lodge a criminal complaint in May 2014 under the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013 (Black Magic Act). He accused Modak of deception, claiming that the workshops and CDs had caused him harm.A trial court had discharged Modak in 2020, concluding that the allegations did not constitute an offense under the Black Magic Act. The State then filed a revision plea, which was rejected by the Pune Sessions Court in 2023. Dissatisfied with this outcome, Kulkarni appealed to the Bombay High Court, challenging the discharge order..In his arguments, Kulkarni’s counsel advocate Arjun Kadam, contended that the playing of the CD during the workshop corroborated the allegations of fraud and manipulation. He argued that the Black Magic Act was applicable, as Modak falsely claimed to perform miracles, violating provisions meant to protect the public from such deceptive practices. The State’s counsel, Additional Government Pleader Arfan Sait, echoed similar concerns, stating that Modak’s actions instilled fear and caused psychological harm, warranting action under the Black Magic ActModak, represented by advocate Siddharth Sutaria, however, countered that he had no direct interaction with the informant and was not involved in the organization of the workshops. Sutaria pointed out that the CD was produced by others, not Modak, and emphasized that the informant’s mental distress was unrelated to the spiritual practices. The defense also highlighted the delay in filing the complaint. Further, it was argued that the Black Magic Act could not apply because the seminar took place before the law was enacted in 2013..The Court found that Kulkarni did not have any direct interaction with Modak and voluntarily attended the seminar. Moreover, it was noted that the informant had not mentioned the CD in his initial complaint in 2014, raising doubts about the credibility of the allegations.The Court also observed that both the trial and revisional courts had conducted a detailed evaluation of the case and discharged the accused after careful consideration of the available evidence. The discharge was not found to be erroneous, and no compelling grounds were identified to intervene with the trial court's findings. Accordingly, the High Court dismissed the pleas filed by Kulkarni as well as the State. .Advocate Arjun Kadam appeared for Kulkarni. Additional Public Prosecutor Arfan Sait appeared for the StateAdvocate Siddharth Sutaria, along with advocate Abhijit Aher, instructed by advocate Suyash Khose, appeared for Modak .[Read Order]