I fully agree with Syed. Just to add for your information, few months back when one of the top Senior advocate was arguing before the bench of the Supreme Court of India, he pointed out something regarding astrological prediction on which the Judges in the bench told him that they (the court) don't believe in astrological predictions, so if the court doesn't believe in such astrological prediction how can you think of making them believe in magic or black magic by bringing any legal action against the person engaging in all such illogical & unscientific things???
2007-12-19 23:13:41
·
answer #1
·
answered by vijay m Indian Lawyer 7
·
4⤊
0⤋
In general No. It would depend on the country where it is practised. Unfortunately Blackmagic is not yet clearly defined. Legal action can be initiated against any person or institution if he or it violates certain provisions of legislations ( civil or criminal) enacted by the State. In the absence of codified law, the civil wrong, called a tort, is covered under the tortious law or the customs and practices prevailing in a nation/society. Black magic in the common sense it is used worldwide is neither a civil wrong or a criminal action. BUT, if the voodoo etc., affects your life, liberty, property, or in any manner causes a damage, then the perpetrator can be proceeded against.
Further, law and logic, do not go together. In most civilised nations, a person cannot be convicted for an offence unless it is proven beyond all reasonable doubt that he is the culprit. How could any one pin the liability on such person, in a court of law.? Proof, is essential for any legal action and in its absence, the black magician will just walk out happily from the court. But the big question is what is this black thing.? Books are plenty on this topic. Movies abound with believable tales. But nobody has still dared challenge this practice. Like astrology, the perpetrator thrives on your fear of the unknown.
Though many, ( USA, and India, have) countries have a blanket law prohibiting such secret practises and cults, in most of the cases the guys escape with a warning or a fine or simple imprisonment.
One can crystallize the legal liabiity in this fashion;-
1. Harm caused by black magic is to be established beyond doubt. Otherwise legal action will fail.
2.In the absence of its clear meaning and demonstration of this evil practice, and in the absence of codified law, banning such practices, legal action, per se, against this magic will fail.
3. Further if you are tormented but cannot exhibit any visible sign of the harm, sustaining a conviction is impractical.
Regretably, legal action can be initiated, but sustaining a conviction and incarcerating him or her for voodoo etc., in the absence of proof that the harm was caused by black magic, is still a far cry.
Krish.
2007-12-19 23:03:13
·
answer #2
·
answered by krish 3
·
0⤊
0⤋
Dear Legal actions cannot be taken against abstract things. You need to bring evidence to establish your claim. However if a person identified, knowingly give mental torture to you by acts or omissions which are visible and can be substantiated he can be sued for damages. Black magic does exist but to translate in some material form in order to create evidence is extremely difficult. You can consult an appropriate doctor if you reach a conclusion that what ever has been done through black magic has visible effects on your mental and physical health. If the doctor is prepared to establish that you have suffered on account of black magic you may consult an attorney with medical reports with other corroborative evidence.
2007-12-19 22:33:55
·
answer #3
·
answered by Syed Mujib 3
·
1⤊
0⤋
Since "black magic" is all make believe anyway, it won't do anything to you. Legal action is pointless. It would be like suing someone simply for thinking bad thoughts about you.
2007-12-19 22:19:31
·
answer #4
·
answered by Hutch 4
·
0⤊
0⤋
The simple answer is to get a magic mirror and reflect the harm back to them. Magic lore has it that if you do harm it will be returned tenfold.
2007-12-19 22:14:53
·
answer #5
·
answered by Anonymous
·
0⤊
0⤋
can u prove it. iof u can prove and provide concrete evidence, then may be yes.
2007-12-20 13:47:20
·
answer #6
·
answered by Anonymous
·
0⤊
0⤋