Proof Problems In Black-Magic Prosecutions Under The Bharatiya Sakshya Adhiniyam (BSA): Causation, Medical Corroboration, Expert Evidence, And Guardrails Against Moral Panic
- IJLLR Journal
- Sep 9
- 1 min read
Ishaan D. Joshi, CFPSE CFMLE, University of Edinburgh Law School
ABSTRACT
This paper builds a trial-ready proof architecture for prosecutions under Maharashtra’s Black-Magic Act by tightly coupling the elements of the scheduled offences with the rules of evidence in the Bharatiya Sakshya Adhiniyam (BSA). It shows how courts should:
particularise the charge to a specific Schedule entry and insist on element-by-element proof;
handle causation through stepwise, conditionally relevant intermediates (e.g., denial of treatment → sepsis → danger to life) rather than conclusory “occult” narratives;
demand medical corroboration for alleged harms (injury patterning, timelines, differentials);
admit and weigh expert opinion as advisory, not self-proving, with methodology and reasons tested against primary facts; and
treat electronic evidence (video/social posts) as backbone material only when certification, continuity and authenticity are proved.
The paper proposes bench-usable fact-finder directions and prosecution/defence checklists that operationalise BSA ss 39–40 (experts), 61–63 (digital records), 104–109 (burdens, including facts especially within knowledge), and 141 (conditional relevance), while giving dispositive force to the Savings clause that shields legitimate religious practices absent injury or exploitation (Maharashtra Act, s 12). The resulting framework delivers accountability for abusive, harmful practices without collapsing into moral panic, aligning evidentiary discipline with constitutional commitments to both bodily integrity and religious freedom (see also State of H.P. v Jai Lal (1999)).
Keywords: black-magic prosecutions, Bharatiya Sakshya Adhiniyam (BSA), causation and medical corroboration, expert evidence and digital proof, Maharashtra Black-Magic Act (2013)
