How to challenge a UP anti-conversion FIR in Lucknow

Section 3 of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 prohibits conversion by force, fraud, allurement, undue influence or misrepresentation. The prosecution should be able to connect the accused with a particular act that caused or attempted an unlawful conversion.

Sections 8 and 9 deal with the procedure connected with a person who intends to convert voluntarily. A procedural dispute may require examination of the circumstances, but it does not automatically prove force, fraud or inducement.

The Act does not make every interfaith relationship a criminal offence. For a separate explanation of investigation and defence preparation, read UP Conversion Act FIR: Police Power and Your Defence.

Section 528 BNSS preserves the inherent power of the High Court to prevent abuse of the criminal process and secure the ends of justice. An accused normally files a petition under this provision before the Allahabad High Court, either at the Lucknow Bench or at the principal seat at Prayagraj, depending on territorial jurisdiction.

The High Court does not ordinarily conduct a full trial while deciding an FIR-quashing petition. It examines the FIR, the complaint, statements and other reliable material to determine whether the alleged offences are disclosed and whether continuing the proceedings would be unjust.

• The FIR uses general language but does not identify the alleged convertor or the precise act of inducement.
• The alleged adult victim denies force, fraud, undue influence, kidnapping or coercion.
• The prosecution material contradicts the basic allegation.
• The complaint appears to have been prepared from a standard format without facts about the individual accused.
• Even if the FIR is read as written, one or more essential statutory ingredients are missing.

The petition should identify the legal deficiency rather than ask the High Court to decide every disputed fact. The article Can Lucknow HC Quash a Mimeographed Conversion FIR? discusses the same procedural issue in more detail.

Begin with the complete FIR, not a news report or a cropped screenshot. The petition should state the police station, case number, date of registration, invoked provisions and current stage of investigation.

1. Obtain the FIR and written complaint from the police or the official court record.
2. Collect age and identity documents of the alleged victim where legally and safely available.
3. Preserve messages, call records, travel records, photographs and marriage documents in their original form.
4. Collect any notice, declaration or receipt connected with Sections 8 and 9 of the 2021 Act.
5. Prepare a date-wise chronology from the alleged incident to registration of the FIR.
6. Record every police notice, station summons, inquiry call and threatened arrest.

The Court may ask whether the alleged victim has been examined by the investigating officer or a Magistrate. No person should pressure, coach or threaten a witness to give a particular statement.

Where arrest is a real possibility, the accused may need a separate application under Section 482 BNSS for anticipatory bail before the Sessions Court or High Court. The bail and anticipatory bail service concerns arrest protection; it does not replace a Section 528 BNSS petition.

Territorial jurisdiction must be checked before drafting. An FIR registered in a district assigned to the Lucknow Bench is ordinarily filed there; a matter belonging to the jurisdiction of the principal seat is filed before the Allahabad High Court at Prayagraj.

1. Assess the FIR: Compare every allegation with Section 3 of the 2021 Act and with each other offence mentioned in the FIR.
2. Prepare the petition: Attach the FIR, complaint, affidavit, vakalatnama, statements, identity material and a clear chronology.
3. Request interim relief where justified: Explain the arrest risk and ask for appropriate protection from coercive action.
4. File before the registry: Cure objections concerning court fee, pagination, affidavits, annexures or service copies.
5. Attend the first hearing: The Court may seek instructions from the State, issue notice or ask for the investigation status.
6. Respond to the State: Address the case diary, witness statements and any claim that investigation has produced new material.
7. Seek final relief: The Court may quash the FIR, limit relief, permit investigation or dismiss the petition.

Filing a petition does not authorise the accused to ignore a lawful police notice. If a direction is needed before the CJM Court Lucknow or Sessions Court Lucknow, that remedy should be considered separately. Details about the FIR quashing service can help with document preparation.

Legal fees depend on the number of accused, length of the FIR, urgency, volume of documents, police response and number of hearings. The figures below are practical estimates and should be confirmed with counsel before filing.

Urgent listing is not the same as final disposal. Registry objections, notice service, government instructions and the criminal bench schedule can extend the case.

• Ask whether drafting, filing and the first effective hearing are included.
• Clarify the charge for later hearings, certified copies, travel and additional applications.
• Ask whether interim protection is part of the quoted fee.
• The consultation fee adjusts into your case fee if you proceed, so there is no separate charge to begin.

Clients who are selecting counsel may review How to Verify an Advocate's Bar Council Enrolment in Uttar Pradesh.

The High Court may decide that the FIR discloses a prima facie case or that disputed facts should be tested during investigation or trial. In that situation, the accused can still protect lawful interests by responding to notices, seeking bail where necessary and preserving evidence.

A refusal to quash at an early stage does not always decide the merits of the criminal trial. The investigation may later produce statements or documents that change the legal position, although the accused should not assume that a later challenge will automatically succeed.

• Attend the investigating officer when required and keep proof of compliance.
• Do not contact the complainant in a manner that could be described as pressure or intimidation.
• Apply for regular bail under the applicable BNSS provision if arrest has already occurred.
• Keep copies of every order, notice, statement and police communication.
• Reassess the case after the final report or charge-sheet is filed.

Where the FIR also contains allegations of kidnapping, confinement or another offence, the petition must address those provisions separately. A court will not quash an FIR merely because the anti-conversion allegation is weak if an independent offence is properly disclosed.

In our practice before the Lucknow Bench, such applications are typically listed within several days to a few weeks when the papers are complete, subject to the roster and registry objections. An urgent request is stronger when it identifies a specific arrest risk, a police notice, a vulnerable adult witness or an allegation unsupported by individual facts.

We generally file in the Lucknow Bench when the FIR arises within its territorial jurisdiction and before the principal seat at Prayagraj when the matter belongs there. Judges commonly ask for the FIR, written complaint, alleged victim's statement, age proof, relevant notices under Sections 8 and 9, investigation status and details of any earlier bail or quashing order.

For a smaller matter, drafting and filing may be around ₹15,000–₹50,000. An urgent or contested petition may be ₹50,000–₹2,00,000 or more, depending on preparation and appearances. These figures should be confirmed in writing before filing.