Remedy in case of cheating by astrologers.

To Mr. Democratic

Why r u making a simple issue more complicated by dragging constituional provisions?? see the definition of cheating in IPC...u will come to know how it is cheating...I don't understand how stones(genuine or fake) change one's luck...all that means the client should not visit astrologers or pay them money....because it is like share market...risk is there..

Adv. Saha, IPC 420 will not apply because of mens rea "the act does not make a person guilty unless the mind be also guilty" and Article 25 will also stand by the astrologer because of his freedom of Conciense under Article 25. That is why I told you if you can make him utter in court something like "It is my belief that Astrology is big nonsense but still I sell the idea to my clients" Regarding your opinion "I don't understand how stones(genuine or fake) change one's luck." Court will also not be interested to find out the answer to your question. That is left for both astrologer and client to decide. Client was not under any kind of duress to enter the transaction and give his money in exchange for an idea. Because of mens rea, astrologer was not cheating. So where is any offense being created? Astrologer did not sell any service, he has only sold his idea, which client fully agreed to buy by paying the money in return. At the most you can ask a competent court to give directions to state to pass a law that makes astrologers to display a warning on their advertisements etc. like that we find before investing in mutual funds, stocks etc.

Mr. Saha,

This is correct that CPA is not applicable here but a criminal prosecution may be initiated against a person who is engaged in cheating, mis-represention, committing fraud or ingaged in derogatory practices or committing any of the offence defined under IPC, 1860 with malafide intention. Good faith is an exception under law.

The maintainability of application is subject to the discretion of Judge and depends on the gravity of supporting documents for making allegations and proof of malafide intention is a matter of evidence.

  

This is exactly what I have been trying to convey to Adv. Saha, only initiating criminal prosecution is not sufficient, he will have to demolish good faith of astrologer and prove malafide intention of astrologer to court. Trying to prove astrology as a derogatory practice etc. will be a never ending exercise. At the most he can contend that outcome of astrological prediction is uncertain like the prediction of stock market and buyers of astrological predictions be made aware of this fact by state.

Ok gentlemen.....thanks for your valuable opinions....I'll see how to prove mens rea on the part of the astrologer....but for the time being I am thinking astrology is a very good business & I should start giving astrological consultation to people by charging fees....though I will give them false advice....but they will pay me even then bcoz they can't book me neither under IPC nor CPA....I'll take the defence of Art.25-freedom of speech, good faith, mens rea etc.....the poor client will lose the case & I'll become rich by defrauding people in this way...so I think astrology is a very roaring business as their is no legal liability of the astrologer....it is a good business like share market etc...we should all start practicing astrology leaving legal profession !!

Adv. Saha, from your above reply it seems you are drifting away from the legality of the matter and entering the realm of morality. Why only astrologers, stock brokers always make money, no matter whether their clients win or loose money. Those making "predictions" about stock markets always make money no matter their predictions are correct or incorrect. Mutual fund managers always get paid their fat salaries no matter if investors make or loose money. As I have told you earlier if you are truly concerned to save further clients from astrologers, why don't you gather enough grounds and file a writ in High Court, so that they have to display a kind of warning/disclaimer that we find in various stock market investing advertisements?

Mr. Democratic Indian, if u look at some astrologers advertisement u will find that they can easilly be booked under the Drugs & Magic Remedies(Objectionable Advertisements) Act...they make such type of dangerous assurances in their advertisements...anyways...I have no plan right now to move to the high court....let me see what happens in the trial/lower court...u know cases depend on the facts & circumstances & also the temparament of the trial judge...but u know if the astrologers put such type of "warning" in their advertisement as per ur suggestion no client will visit them & the astrologers can't any longer make money...

Some analogies (although all may not fit perfectly, but still food for thought)

Can you sue your tuition teacher if your kid fails the exams?

Can you sue the coach of the Indian Cricket Team if India loses to Bangladesh 3-0

Can you book your surgeon if despite him trying his best, your cancer patient dies (there is no negligence) ?

Can you sue the weather department if their forecast is incorrect?

Can you sue your financial advisor if his advice turns otherwise and stock market crashes?

Astrology is a forecast, I would not go into whether it is scientifc or not. I would agree with Mr. Democratic Indian that unless you show either -

1. Gross Negligence in him performing his duties

2. Him endorsing the jewels or horoscope without himself having belief in the matter

I doubt whether it may fall under any ambit of law leave alone CPA.

Astrology is a statistical science and astrologers only give predictions based on statistics collected over a large period of time. One of my relatives is an astrologer and I asked him if hypothetically if someone is born on a space ship, how will you create his horoscope; he told me it is not possible to predict his future because no rules have been set for the same based on statistics.

An important thing to note is that the happening/non-happening of the actual event is not within the control of the astrologer, he merely gives solutions to increase probability in your favour (just as a tuition teacher coaches the kid to improve chances of better results, but it is for the student to write exams properly). So how under any rational law in the world, can he be booked for something which he himself has no control over?

It is a different matter altogether if intentional fraud can be proved.

 

@ Mr.Jayesh- look sir I am not against practicing astrology....may be it is a genuine profession...but cheaters & conmen are there in this profession also like any other...no astrologers tells his client that his predictions "may" happen....what they assure that their predictions "must" happen....in my case the astrologer proudly declares to his client that "if my prediction proved to be false I shall leave practicing astrology"....I am against such type of statement....if at all astrological predictions are uncertain then they should not make such type of statements...this proves his fraudulent intention...moreover he charges astronomical amount for stones etc.....if the client asks or wants to know the about the stone,how it is so much costly etc. the astrologer gets angry & tells the client "if u don't trust me go to another astrologer"...what is this? it is the right of the client to know about stones etc. for which he is spending thousands of rupees....innocent clients suffer....This also proves the astro's fraudulent intentions....some astro's say 101% guarantee that my prediction must happen...what is this...moreover after cheating a large number of innocent clients the astrologers leave the place where they solicited, clients can’t catch them on phone call because it everytime it is either busy or switched off, no reply to e-mails, if enquired in their chambers it is informed that they have changed their chambers etc...all these will be sufficient to build up a prima facie case of cheating against the cheater astrologer....rest police will do after getting court’s order...and if astrological predictions are so much uncertain then it is the duty of the astrologers to put disclaimer that “no guarantee that predictions will come true. it is like stock market & we r like brokers”.....

 

Dear Adv. Saha,

I agree with you that the astrologers should not claim that their predictions "must" come true. However people in many professions make such tall statements (an example where coaching classes orally assure of a certain minimum percentage) . It is unwise on the part of both astrologer and the client to believe that any forecast "must" come true.

Regarding selling gems at higher prices without giving cause, just check if you can fit it somewhere in Unfair Trade Practices (and also Restrictive Trade Practices in a way that he is forcing you to buy gems if you want to hire his astrological services). Problem is where to draw a line between aggressively practicing profession and downright fraud. But it is obvious that if the astrologer absconds, fraud is the logical conclusion and it may be easier to prove "mens rea".

Best of Luck for your case

 

Regards

Jayesh Gokhale

Dear Mr Jayesh,

Thanks for ur wish...I'll also research on the advice given by u...u won't believe my town is flooded by such type of astrologers who r continuously cheating people by taking advantage of their bad times and weaknesses towards astrological predictions...most of the clients are from lower strata of the society...they r compelled to buy stones etc. as the astrologers create psychological pressure on the weak minds of the clients...they say on the 1st meeting that "I have identified ur disease such as kalsarpa yog, mangalik etc. etc. & now u have to purchase stones to get relief from these troubles"....unless & until they purchase the stones the astrologer tries to frighten them by predicting future mishaps etc...tell me is this not a crime? u know how people in India are made fool in the name of religion etc....

you are right to say that "but cheaters & conmen are there in this profession"

 

But as seen it is the same astrolodger who prepared horoscope and who predicted.  In that case the evidence will be required to prove that the data (exact date, time and plce of birth) furnished to him was correct. School leaving certificate is not conclusive evidence fo this data.

 

The evidence of some other astrolodger will be required that a different prediction was apprent from the impunged horoscope.

 

You also said that " I absolutely don't have any interest in learning astrology" But it is you only who has to present the case and you have to cross-examine the evidence. You got to proce that the astroldger was wrong in whatever test he applied [vinshottri dasha, char dasha, yogini dasha, ashtakvarg, gochar, lalkitab, vashpha, prashnamarg etc.......].

 

You can also raise a question if the astroledger before making final prediction confirmed the correctness of horosocpe by asking routine questions. Like date of marreige, temprerament of spouce, parents, early education etc.  If the client replies these small prediction as correct then only the horoscope canbe said to be correctly made based on correctly supplied data. If the minor predictions are not confirmed by the client the the astrolodger should dount the correctness of data give or the calculation made and should not proceed further. {this law is nowhere in any ancient or modern astrological text]

 

You may go well equipped with the case and I wish you success.

I think then few sections of Maharashtra eradication of superstition should be taken into consideration

Greetings!

As you were looking for the legal aspect of this matter, I strongly recommend you to go through "The trial of Evangeline Adams".

Thanks