Chhattisgarh Tonahi Pratadna Nivaran Act, 2005
[Chhattisgarh Act 17 of 2005] [30th September, 2005]
CONTENTS
1. Short title, extent and commencement
2. Definition
3. Act not in derogation of any other law
4. Punishment for identifying Tonahi
5. Punishment for heressment
6. Punishment for alleged curing
7. Punishment for claiming to be tonahi
8. Punishment for attempt in commit offence
9. Trail of offences under the Act
10. Offence to be congnizable and nonbailable
11. Application of Section 360 of the Code of Criminal Procedure, 1973 and of this Probation of defenders Act, 1958
12. Matters to be taken into considered on for fixing fine
13. Order for Compensation
14. Bar of Jurisdiction
15. Protection of Action taken in good faith
16. Power to make Rule
Be it enacted by the Chhattisgarh Legislature in the Fifty-sixth year of the Republic India as follows:—
## Section 1. Short title, extent and commencement.—(1), This Act may be called the Chhattisgarh Tonahi Pratadna Nivaran Act, 2005.
(2) It extands to the whole State of Chhattisgarh.
(3) It shall come into force from the date of its publication in the Official Gazette.
## Section 2. Definition.—In this Act, unless the context otherwise requires,—
(1) “T onahi” means person indicated by any person or person that he will harm or possesses power to harm or thereby he intends to harm, any other person or persons or society or animal or living things by black magic, evil eye or by any other means, whether known as Dayan, T onaha or by any other names.
(2) “Identifier” means person who indicates any person as T onahi person to indicate or by his deed, words, gesture or behaviour helps to indicate or knowingly does anything so, thereby on, the basis of such indication that person may be harmed, or apprehended to be harmed or his security on our may be adversely affected.
(3) “Ojha” may be known by any other name what so ever, means person who claims to possess power to cure; treat T onahi or any person or animal or living things alleged to be affected by T onahi and make him powerless, by T onahi and make him powerless, jharphook, totka, tantra-mantra or by any means.
(4) “Damage” includes physical, mental and economic harm and harm to reputation.
(5) “Code” means the Code of Criminal Procedure, 1973 (No. 2 of 1974):
## Section 3. Act not in derogation of any other law.—The Provision of this Act shall be in addition to and not in derogation of any other law for the time being in force.
## Section 4. Punishment for identifying Tonahi.—Whoever identifies any person as T onahi by any means shall be punished with rigorous imprisonment for a term which may extend to 3 years and also with fine.
## Section 5. Punishment for heressment.—Whoever causes physical or mental harassment or damage to any person identified by him or any person as T onahi shall be punished with rigorous imprisonment for a term which may extend to 5 years and also with fine.
## Section 6. Punishment for alleged curing.—Whoever does any actor jhar-phook, totka, use of tantra-mantra or anything as Obja upon any person indicated as a tonahi or any other person or animal or living thing alleged to be affected by such tonahi, under my claim of treatment or control shall be punished with rigorous imprisonment for a term which may extend to 5 years and also with fine.
## Section 7. Punishment for claiming to be tonahi.—Whoever claims to have power to harm any person or animal or living things by black magic, evil eye or by any other means and publicizes it and tries to disturb the public tranquility or peace or causes
annoyance or harms others shall be punished with rigorous imprisonment for a term which may extend to one year and also with fine.
## Section 8. Punishment for attempt in commit offence.—Whoever attempts to commits any offence under this Act or to cause such attempt does any Act towards the commission of the offence shall be punished with the punishment provide for the offence.
## Section 9. Trail of offences under the Act.—Every offence under this Act shall be triable by the Judicial Magistrate First Class.
## Section 10. Offence to be congnizable and nonbailable.—Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (No. 2 of 1974)
(a) every offence punishable under this Act shall be cognizable and nonbailable.
(b) no person accused of an offence punishable under this Act shall be released on bail or on his own bond unless, the public prosecutor has been given an opportunity to oppose the application for such release.
## Section 11. Application of Section 360 of the Code of Criminal Procedure, 1973 and of this Probation of defenders Act, 1958.—Nothing contained in section 360 of the Code of Criminal Procedure, 1973 (No. 2 of 1974) or in the Probation of offenders Act, 1958 (No. 20 of 1958) shall apply to a person convicted of an offence under this Act unless such person is under eighteen years of age.
## Section 12. Matters to be taken into considered on for fixing fine.—When a sentence of fine is imposed, under Sections 4, 5 and 6, the court in fixing the amount of the fine shall take into consideration the physical and mental damage caused to victim including any cost of treatment.
## Section 13. Order for Compensation.—When a court imposes sentence of fine, the court shall when passing judgment, order the whole or part of the victim.
## Section 14. Bar of Jurisdiction.—No civil court shall entertain any suit or proceeding against any decision made or order passed by any officer or authority under this Act or any rule made thereunder.
## Section 15. Protection of Action taken in good faith.—No suit, prosecution or other legal proceeding shall lie against the State Government or any officer of the State Government or any other person exercising my power or discharging any function or performing any duty under this Act, for anything done in good faith or intended to be done under this Act or any rule made thereunder.
## Section 16. Power to make Rule.—The State Government may by notification make the rules to carry out the provisions or this Act
Every rule made under this Act by the state government shall be laid, as soon as may be after it is made, before the state legislature.