Can police lodge an FIR under the UP Prohibition of Unlawful Conversion of Religion Act?

Yes. The Allahabad High Court in Durga Yadav v. State of U.P., reported as 2025 AHC and 2025:AHC:78127, upheld police registration of an FIR under Sections 3, 4, 5 and 8 of the 2021 Act where the informant was not necessarily the direct victim or a close relative.

That ruling affects strategy in Lucknow. A defence cannot rely only on the argument that the police officer was not the victim. The petition or bail application should instead test whether the FIR actually describes unlawful conversion, force, fraud, undue influence, allurement, or a prohibited conversion arrangement.

• Obtain the complete FIR, not merely the crime number or a telephone summary.
• Identify the exact allegations under Sections 3, 4, 5 and 8 of the UP Act.
• Check whether the alleged affected person has made a statement and whether the statement is consistent.
• Preserve messages, marriage records, consent documents, identity papers and location evidence.
• Ask counsel to assess Section 482 BNSS anticipatory bail or Section 528 BNSS FIR quashing.

For related arrest preparation, review the procedure explained in Police Custody Under BNSS 187 in Uttar Pradesh. A police-registered FIR creates investigation risk; it does not itself establish guilt.

Section 3 prohibits conversion from one religion to another through force, misrepresentation, fraud, undue influence, coercion, allurement, or specified unlawful means. Section 5 contains the punishment structure, while Sections 4 and 8 affect complaint and declaration-related procedure under the statutory scheme.

The prosecution must connect the facts to the statutory ingredients. A general allegation that a person attended a prayer meeting, helped with a marriage, gave ordinary assistance, or changed religion voluntarily does not automatically prove every element of an offence.

The 2023 Allahabad High Court bail ruling reported as Conversion complaint can be filed only by kin of affected person took a narrower view of who should initiate a complaint in a forced-conversion case. After Durga Yadav v. State of U.P., the filing-source objection must be framed with the precise facts and the statutory provision involved rather than stated as an absolute rule.

For post-July 2024 cases, procedure is governed by BNSS 2023. If parallel BNS offences are alleged, counsel must map the exact BNS sections instead of mechanically copying old IPC sections. Guidance on a separate FIR issue is available in Can Police Withdraw FIR Without Court Order?

Section 482 BNSS is the provision for anticipatory bail before the Sessions Court or the High Court. If a person has already been arrested, regular bail may be sought under the applicable BNSS provisions before the Magistrate, and the Sessions Court or High Court may exercise the higher bail power under Section 484 BNSS.

In a Lucknow case, the correct forum depends on the stage of the FIR, arrest risk, custody status, and whether the police station falls within the territorial jurisdiction of the Lucknow Bench. A person should not assume that filing a quashing petition automatically prevents arrest.

1. Collect the FIR, notices, prior applications, identity documents and any relevant case orders.
2. Prepare a factual chronology showing relationship, meetings, communications and the alleged conversion event.
3. Separate the accused roles and identify whether the principal allegation concerns the affected adult or a third party.
4. File anticipatory bail under Section 482 BNSS before the appropriate Sessions Court or the Allahabad High Court Lucknow Bench.
5. Offer practical conditions such as joining investigation, sharing a mobile number and avoiding contact with witnesses where appropriate.

The Supreme Court ruling reported as Protects members of Christian community from coercive action by U.P. Police under anti-conversion law shows that interim protection can be sought where coercive action requires examination. The 2025 Supreme Court decision reported as Supreme Court quashes multiple FIRs under Uttar Pradesh Act on religious conversion also supports a focused challenge where allegations lack the required specificity.

Section 528 BNSS preserves the inherent power of the High Court. At the Allahabad High Court Lucknow Bench, a quashing petition should explain from the FIR itself, or from undisputed supporting documents, why the ingredients of the alleged offence are absent or why continuation of the case would amount to misuse of criminal process.

The High Court generally does not conduct a full trial at the quashing stage. It may examine whether the allegations, accepted at face value, disclose an offence and whether the material relied upon is legally capable of supporting the prosecution.

• No specific allegation of force, fraud, misrepresentation, coercion, undue influence or allurement.
• The FIR attributes no individual act to the applicant.
• The affected adult’s documents or statements indicate voluntary conduct, subject to the Court’s assessment.
• The prosecution version contains material contradictions apparent from official records.
• Multiple FIRs or repetitive proceedings appear to target the same transaction without distinct facts.

The 2025 Supreme Court decision reported as Supreme Court quashes multiple FIRs under Uttar Pradesh Act on religious conversion is useful where the FIRs lack specific allegations and criminal law is being used to harass innocent persons. The Allahabad High Court’s 2026 proceedings reported as Allahabad HC flags misuse of UP Anti-Conversion Law / false FIRs under the Act should be considered as a caution against unsupported or mechanically drafted allegations.

A quashing petition is not a substitute for bail in every case. Where arrest is imminent, counsel may pursue criminal defence preparation and Section 482 BNSS protection in parallel, subject to the facts.

The first step is verification of the police station, FIR number, invoked sections and whether any notice or warrant has been issued. The application is then prepared for the forum with territorial and procedural jurisdiction: the Sessions Court or CJM Court Lucknow for the relevant stage, and the Allahabad High Court Lucknow Bench for higher relief.

1. Obtain a certified or downloaded copy of the FIR and all police notices.
2. Prepare a dated chronology and a separate role chart for every accused.
3. Attach identity proof, address proof, prior bail orders, medical records if relevant, and documents showing voluntary conduct.
4. File the application, remove office objections, and monitor listing and interim orders.
5. Comply with investigation conditions and preserve every notice, attendance proof and communication with the investigating officer.

These are indicative figures, not a fixed quotation. Court fees, typing, filing, certified copies, clerkage and travel may be additional, and the consultation fee adjusts into your case fee if you proceed, so there is no separate charge to begin.

For a High Court filing, judges commonly ask for the FIR, case diary references where available, notices, prior orders, statements relied upon by the applicant, and a clear explanation of why the statutory ingredients are missing. The exact listing time can change with the roster, defects, urgency and court workload.

An accused should remain calm and avoid deleting messages, contacting the complainant aggressively, or posting allegations about the case online. A notice to join investigation should be read carefully and complied with unless counsel obtains a protective order or explains a genuine difficulty to the investigating officer.

At arrest, the person has rights relating to communication, information about grounds of arrest, medical examination and production before the Magistrate within the legally prescribed period. The police must follow BNSS procedure and constitutional safeguards, including Article 21 protections.

• Ask for the arrest memo and note the time and place of arrest.
• Inform a family member or nominated person and tell counsel promptly.
• Do not sign a statement or document without understanding its legal effect.
• Preserve proof of compliance with every investigation notice.
• Move the appropriate bail application without avoidable delay.

If bail is granted, police cannot casually ignore the order. A later arrest or cancellation issue requires a separate legal basis and court process; the discussion in Can Police Take Back Someone Released On Bail? explains that distinction.

The case should be handled through the proper court, not through pressure on the complainant or informal settlement claims. Any settlement must be assessed against the statutory offence and the High Court’s powers under Section 528 BNSS.

In our practice before the Lucknow Bench, such applications are typically listed within a few days to several weeks, depending on urgency, roster, filing defects and the court workload. An imminent arrest, custody, medical condition or an approaching investigation date should be stated in the urgency application with supporting documents.

We file anticipatory bail under Section 482 BNSS before the Sessions Court or the Allahabad High Court, according to the case stage and territorial facts. For quashing, we file before the Allahabad High Court Lucknow Bench and place the FIR, notices, prior orders, identity documents, relevant statements and a dated chronology before the Court.

Judges commonly ask who made the complaint, what exact act is attributed to each accused, whether the affected person is an adult, what material supports alleged force or inducement, and whether the applicant joined investigation. In Lucknow, indicative professional fees are ₹25,000–₹75,000 for anticipatory bail, ₹20,000–₹60,000 for Sessions regular bail, and ₹50,000–₹1,50,000 for a High Court quashing petition, apart from court and filing expenses.

Advocate Onkar Pandey is a practicing lawyer at the Allahabad High Court Lucknow Bench with over 25 years of experience in criminal law, bail matters, FIR quashing, and family law. Enrolled with the Bar Council of Uttar Pradesh (No. UP/4825/1999), he provides expert legal guidance to clients across Uttar Pradesh from his chamber at A-406, High Court, Lucknow. For a consultation on UP Prohibition of Unlawful Conversion of Religion Act FIR, bail and quashing, contact Advocate Onkar Pandey at +91 98392 71553.