Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Murder through Black Magic

(Querist) 22 June 2011 This query is : Resolved 
Hi, is there any way that the murder done through Black Magic can be proved in the court.What is the way to prove the same in the court and what section will be applicable on such murder.Please suggest.Many Thanks
Ravikant Soni (Expert) 22 June 2011
Only fact in issue and relevant facts which are the cause, result or circumstances of an offence can be proved in the court of justice.

If during the said Black Magic act the direct effect of such magic result to death then such act may be proved. but it relate remotly and a common person never suppose such result can be caused by such act then it is irrelavant.

Like:
Suppose some one perfoms a "HOM" (lit a fire and chant before it so called kala jadoo) for getting his enemy die. it is not covered by a murder.

Another example: A lady gets a effigy of her enemy and thro it in the fire and chanting (so called kala jadoo). It doesnt the act of murder. and cannot be prooved in the courts.
Devajyoti Barman (Expert) 22 June 2011
Death out of Black Magic has no recognition in court and hence could not be proved.
SurenderKumar (Expert) 23 June 2011
It is true that Death out of Black Magic has no recognition in court and hence could not be proved.but it is also true in the said case fact in issue and relevant facts which are the cause, result or circumstances of an offence can be proved in the court of justice.

If during the said Black Magic act the direct effect of such magic result to death then such act may be proved. but it relate remotly and a common person never suppose such result can be caused by such act then it is irrelavant.

Like:
Suppose some one perfoms a "HOM" (lit a fire and chant before it so called kala jadoo) for getting his enemy die. it is not covered by a murder.

Another example: A lady gets a effigy of her enemy and thro it in the fire and chanting (so called kala jadoo). It doesnt the act of murder. and cannot be prooved in the courts.
RAJU O.F., (Expert) 23 June 2011
No body can kill a person through black-magic alone. But there is no limit for intentional harm physically done to any person, even to kill him. It is murder only, not because of black magic.
Santosh Goswami,Advocate (Expert) 24 June 2011
Dear, if the death is the direct and instant result of black magic, it could be covered under Murder.It must not be remote.Secondly, place as well as custom of that very place has to be taken into account, and previous such act if any may also be handy.
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Mukul Kr. Singh (Querist) 29 June 2011
Thanks a ton gentlemen for your replies.
Mukul Kr. Singh (Querist) 29 June 2011
Thanks a ton gentlemen for your replies.


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