The Bombay High Court recently clarified that the Maharashtra Black Magic Act, enacted to curb dangerous and deceptive practices, does not extend to genuine religious activities, traditional knowledge sharing, or cultural expressions.

This clarification came in a judgment upholding the discharge of self-styled godman Ramesh Madhukar Modak, popularly known as Shivkrupanand Swami, in a case dating back to 2014.

Justice R.N. Laddha, in an order dated April 2, emphasized that the intent behind the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013, was to prohibit harmful practices such as human sacrifices, exploitative rituals, and psychological manipulation. The Court observed that the law explicitly excludes legitimate religious conduct.

“The Act was enacted to curb practices that pose a serious threat to individuals and society, and does not cover bona fide religious acts or cultural traditions,” the order noted.

Background of the Case

The matter arose after one Rohan Vishwas Kulkarni alleged that Modak misled him under the guise of spiritual guidance. Kulkarni first encountered Modak’s teachings through an acquaintance in 2011 and later attended a workshop in Pune in June 2012. There, Modak claimed to possess spiritual powers that could assist youths with their career paths.

Kulkarni alleged that he was manipulated into attending an eight-day workshop in Navsari, Gujarat. He later returned to Pune in 2013 for another event, where a CD allegedly ‘blessed’ by Modak was played in his absence. The CD, sold for ₹250, was said to transmit guidance through Modak’s ‘subtle body.’ Kulkarni claimed these experiences left him mentally and physically distressed, prompting him to lodge a complaint in May 2014 under the Black Magic Act.

Legal Proceedings and Court’s Rationale

In 2020, a trial court discharged Modak, holding that the alleged acts did not fall within the scope of the Black Magic Act. The State’s revision plea was dismissed by the Pune Sessions Court in 2023. Kulkarni then approached the Bombay High Court.

Representing Kulkarni, advocate Arjun Kadam argued that the use of the CD amounted to manipulation and fraud, bringing the case within the ambit of the Black Magic Act. The State, through Additional Government Pleader Arfan Sait, echoed these concerns, citing the alleged psychological harm caused by Modak’s claims.

However, Modak’s counsel, advocate Siddharth Sutaria, countered that there was no direct interaction between Modak and the complainant. He emphasized that the CD was not produced by Modak and that the workshops occurred before the Black Magic Act came into force in 2013. The defense also noted inconsistencies, including the absence of any mention of the CD in the original complaint and the delay in filing it.

The Court found that Kulkarni had voluntarily participated in the events and had no direct dealings with Modak. It further observed that the trial and revisional courts had thoroughly examined the evidence before discharging the accused. No error was found in their conclusions, and no substantial grounds were presented to overturn the discharge.

As a result, the High Court dismissed the appeals filed by both Kulkarni and the State.

Appearing for the parties:

• Advocate Arjun Kadam for the petitioner, Rohan Kulkarni

• Additional Public Prosecutor Arfan Sait for the State

• Advocate Siddharth Sutaria, with Advocate Abhijit Aher, instructed by Advocate Suyash Khose, for Ramesh Modak