AMENDING ACT

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1 · Short title, extent and commencement . — (1) This Act may be called the Commission of Sati (Prevention) Act, 1987.

2 · Definitions . — (1) In this Act, unless the context otherwise requires,—

1 · 21st March, 1988 , vide Notifn. No. G.S.R. 359(E), dated 21st March, 1988 , see Gazette of India, Extraordinary, Part II, sec. 3(i).

3 · . Attempt to commit sati. i. —N —Notwithstanding anything contained in the Indian Penal Code (45 of 1860), whoever attempts to commit sati and does any act towards such commission shall be punishable with imprisonment for a term which may extend to six months or with fine or with both:

4 · Abetment of sati . — (1) Notwithstanding anything contained in the Indian Penal Code (45 of 1860), if any person commits sati, whoever abets the commission of such sati, either directly or indirectly, shall be punishable with death or imprisonment for life and shall also be liable to fine.

5 · . Punishment for glorification of sati . —W —Whoever does any act for the glorification of sati shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to seven years and with fine which shall not be less than five thousand rupees but which may extend to thirty thousand rupees.

6 · . Power to prohibit certain acts . — (1) Where the Collector or the District Magistrate is of the opinion that sati or any abetment thereof is being, or is about to be committed, he may, by order, prohibit the doing of any act towards the commission of sati by any person in any area or areas specified in the order.

7 · Power to remove certain temples or other structures . — (1) The State Government may, if it is satisfied that in any temple or other structure which has been in existence for not less than twenty years, any form of worship or the performance of any ceremony is carried on with a view to perpetuate the honour of, or to preserve the memory of, any person in respect of whom sati has been committed, by order, direct the removal of such temple or other structure.

8 · . Power to seize certain properties . — (1) Where the Collector or the District Magistrate has reason to believe that any funds or property have been collected or acquired for the purpose of glorification of the commission of any sati or which may be found under circumstances which create suspicion of the commission of any offence under this Act, he may seize such funds or property.

9 · . Trial of offences under this Act . — (1) Notwithstanding anything contained in the Code, all offences under this Act shall be triable only by a Special Court constituted under this section.

10 · . Special Public Prosecutors . — (1) For every Special Court, the State Government shall appoint a person to be a Special Public Prosecutor.

11 · . Procedure and powers of Special Courts . — (1) A Special Court may take cognizance of any offence, without the accused being committed to it for trial, upon receiving a complaint of facts which constitute such offence, or upon a police report of such facts.

12 · . Power of Special Court with respect to other offences . — (1) When trying any offence under this Act, a Special Court may also try any other offence with which the accused may, under the Code, be charged at the same trial if the offence is connected with such other offence.

13 · Forfeiture of funds or property . —W —Where a person has been convicted of an offence under this Act, the Special Court trying such offence may, if it is considered necessary so to do, declare that any funds or property seized under section 8 shall stand forfeited to the State.

14 · . Appeal . — (1) Notwithstanding anything contained in the Code, an appeal shall lie as a matter of right from any judgment, sentence or order, not being an interlocutory order, of a Special Court to the High Court both on facts and on law.

15 · Protection of action taken under this Act . —N —No suit, prosecution or other legal proceeding shall lie against the State Government or any officer or authority of the State Government for anything which is in good faith done or intended to be done in pursuance of this Act or any rules or orders made under this Act.

16 · . Burden of proof. f. —W —Where any person is prosecuted of an offence under section 4, the burden of proving that he had not committed the offence under the said section shall be on him.

17 · . Obligation of certain persons to report about the commission of offence under this Act . — (1) All officers of Government are hereby required and empowered to assist the police in the execution of the provisions of this Act or any rule or order made thereunder .

18 · . Person convicted of an offence under section 4 to be disqualified from inheriting certain properties . —A —A person convicted of an offence under sub-section (1) of section 4 in relation to the commission of sati shall be disqualified from inheriting the property of the person in respect of whom such sati has been committed or the property of any other person which he would have been entitled to inherit on the death of the person in respect of whom such sati has been committed.

19 · . [Amendment of Act 43 of 1951] . —R —Rep. by the Repealing and Amending Act, 2001 (30 of 2001) s. 2 and the First Schedule (w.e.f. 3-9-2001).

20 · Act to have overriding effect . — The provisions of this Act or any rule or order made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or in any instrument having effect by virtue of any enactment other than this Act .

21 · Power to make rules . — (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.

22 · . Repeal of existing laws . — (1) All laws in force in any State immediately before the commencement of this Act in that State which provide for the prevention or the glorification of sati shall, on such commencement, stand repealed.

2 · It is, therefore, considered desirable to enact a Central law which should be applicable to the whole of India other than the State of Jammu and Kashmir. The Bill, among other things, provides for the: following matters, namely:—

3 · The Bill seeks to achieve the above objects.

Subordinates (4)

G.S.R. 360(E), dated 21 st March, 1988.- In exercise of the powers conferred by Sec. 21 of the Commission of Sati (Prevention) Act, 1987 (3

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The Gazette of India

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The Commission of Sati (Prevention) Act

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