Police officers can lodge FIR under the UP Prohibition of Unlawful Conversion of Religion Act: Allahabad High Court

Section 3 of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act prohibits conversion from one religion to another by misrepresentation, force, undue influence, coercion, allurement or fraudulent means. The prosecution must connect the alleged conversion with a prohibited method; a voluntary change of faith, by itself, is not the same allegation.

The Act also contains reporting and procedural requirements. After the 2024 amendment, the reporting language has been treated as permitting a report by any person. In Durga Yadav v. State of U.P., 2025:AHC:78127, the Allahabad High Court reportedly treated this change as clarificatory and upheld police authority to register an FIR even when the informant was not the direct victim or a relative.

• A police officer may record information disclosing a cognizable offence under Section 173 BNSS.
• The special Act remains the substantive law; BNS sections may be added only if separate alleged conduct fits a BNS offence.
• The FIR is the beginning of investigation, not proof that unlawful conversion occurred.
• Section 5 and other applicable provisions determine punishment and may affect the bail strategy.

The police must still examine the actual facts. A complaint based only on suspicion, a family disagreement, or an adult person’s lawful relationship may be challenged if the statutory ingredients are absent.

In practical terms, the answer may be yes after the amendment and the reasoning reported in Durga Yadav v. State of U.P., 2025:AHC:78127. The informant need not always be the person allegedly converted or that person’s relative. The police can receive information, make a preliminary assessment where legally permitted, and register the FIR if the information discloses a cognizable offence.

This does not remove the accused person’s right to test the complaint. The investigation must still identify the person allegedly converted, the alleged method of conversion, the dates and places, the role of each accused, and the material supporting force, fraud, allurement or undue influence.

FIR quashing is not automatic merely because the complainant is a third party. The court examines the FIR and supporting material, while also considering whether investigation should be allowed to continue.

A person named under the Act should first obtain the FIR, understand the exact sections, and preserve all material before contacting the investigating officer. Do not delete messages, change devices, pressure the complainant, or ask witnesses to coordinate their statements.

1. Obtain a certified or downloaded copy of the FIR and note the police station, crime number, date, sections and investigating officer.
2. Prepare age, identity, address and relationship documents for every relevant person. Adult consent issues often require careful presentation of statements and chronology.
3. Collect messages, call records lawfully available to you, photographs, travel records, religious ceremony documents, notices and prior complaints.
4. Ask counsel to assess whether immediate protection is needed before the CJM Court Lucknow, Sessions Court Lucknow or the Allahabad High Court Lucknow Bench.
5. Apply for regular bail under the correct BNSS provision if arrested, or anticipatory bail under Section 482 BNSS if arrest is apprehended.
6. Attend investigation as advised and comply with every notice or bail condition.

For a cognizable FIR, the investigation may include statements, document collection, search, seizure and a final report. An arrest is not mandatory in every FIR; the police must follow the arrest safeguards under Section 35 BNSS and communicate the grounds and procedural rights required by law.

Our criminal defence service page explains preparation for police questioning and court appearances. A separate issue may arise if another FIR is relied upon; police cannot simply withdraw an FIR without following the legally required court process, as explained in this UP FIR procedure article.

The exact bail route depends on whether the accused has been arrested, whether the offence is bailable, and which court has jurisdiction. If arrest is anticipated, an application under Section 482 BNSS may be filed before the Sessions Court or the High Court. This is the correct BNSS provision for anticipatory bail; Section 482 BNSS should not be used.

After arrest, the Magistrate may consider bail under Section 483 BNSS where applicable. The Sessions Court or High Court has wider bail powers under Section 484 BNSS, including after rejection or when the case requires higher-court consideration.

In Deepanshi and Another v. State of U.P. and 2 Others, 2024:AHC:45370-DB, the High Court quashed an FIR containing Sections 3/5(1) of the Act along with other allegations after examining the factual foundation. By contrast, Mohd. Asif v. State of U.P. and Another, 2024:AHC:24538 shows that every challenge is not suitable for immediate quashing; procedural stage and available material matter.

For bail preparation, see bail and anticipatory bail services. A bail order can be cancelled by a competent court for breach of conditions or misuse; police action after bail is governed by law and is not an informal power, as discussed in this bail cancellation article.

Judges usually want the FIR, the accused’s identity and address proof, the application or notice received from police, and a clear chronology. In an anticipatory bail matter, counsel should explain why custodial interrogation is unnecessary, how the accused will cooperate, and whether there is any prior criminal history.

• FIR and case diary material if supplied by the prosecution.
• Age and identity proof of the alleged converted person where relevant.
• Marriage, residence, employment, travel and communication records.
• Medical records or proof relating to allegations of force or threat.
• Details of earlier complaints, pending cases and compliance with notices.

These are working estimates, not a fixed quotation. Court fees, typing, affidavits, certified copies, travel, clerkage and senior counsel appearance, if required, may be additional. The consultation fee adjusts into your case fee if you proceed, so there is no separate charge to begin.

In our practice before the Lucknow Bench, such applications are typically listed within several days to a few weeks, depending on urgency, defects, service of notice and the court roster. Anticipatory bail is filed before the Sessions Court or the Allahabad High Court Lucknow Bench; a quashing petition under Section 528 BNSS belongs before the High Court.

Judges commonly ask for the FIR, the applicant’s identity and address proof, the alleged converted person’s age-related documents where relevant, prior criminal history, police notices, and material showing voluntary conduct or absence of the statutory ingredients. We also keep a precise chronology ready because inconsistencies in dates, marriage claims, religious ceremonies and alleged inducements are examined closely.

• Urgent arrest-protection work may require filing within 1–3 working days.
• Regular bail is first considered by the competent Magistrate after arrest.
• High Court bail or quashing may take several weeks before effective hearing.
• Indicative Lucknow fees are ₹15,000–₹50,000 for Magistrate bail, ₹25,000–₹75,000 for anticipatory bail, and ₹50,000–₹1,50,000 for a Section 528 BNSS petition.

Listing dates and fees change with the record, urgency, number of accused, paper-book size and objections. No lawyer can guarantee a particular listing date or result.

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.