Allahabad High Court Questions Legitimacy of FIR Under Anti-Conversion Law

Court Highlights Lack of Evidence in FIR Against Distribution of Bibles and Religious Preaching

In a significant ruling, the Allahabad High Court, on November 28, 2025, raised critical questions regarding the legitimacy of an FIR filed under the U.P. Prohibition of Unlawful Conversion of Religion Act, 2021, and Bharatiya Nyaya Sanhita, 2023. The bench, comprising Justices Abdul Moin and Babita Rani, was hearing the Criminal Misc. Writ Petition No. 10823 of 2025 filed by Ram Kewal Bharti @ Bablu and others, challenging the FIR lodged on August 17, 2025.

The FIR, filed by one Manoj Kumar Singh, accused the petitioners of attempting to convert Dalits and poor individuals by distributing Bibles and conducting prayer meetings. However, the court found that at the time of lodging the FIR, there was no evidence or individual testimony claiming coercion or conversion, which is essential under Section 3 of the U.P. Prohibition of Unlawful Conversion of Religion Act, 2021.

The court emphasized that merely distributing religious material or preaching does not constitute a crime unless there is evidence of coercion or inducement. The FIR, according to the court, lacked the necessary ingredients to invoke the anti-conversion law, as no victim had come forward at the time of filing to allege coercion or conversion.

Moreover, the court criticized the authorities for the immediate arrest of the petitioners on the date of the FIR without prima facie evidence, stating that it violated due process. The court highlighted that the supplementary statements recorded months later did not justify the initial allegations without corroborative evidence.

The court has granted the respondents four weeks to file a counter-affidavit, questioning the source of information and the conduct of the complainant, while also ordering an investigation into the complainant's criminal history. The case will be revisited to address these legal concerns, emphasizing the protection of individual rights and liberties.

Bottom Line:

FIR lodged under the U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 and Bharatiya Nyaya Sanhita, 2023 must be supported by evidence of coercion, allurement, or conversion at the time of lodging. Distribution of religious material like Bibles or preaching a religion is not criminalized unless specific evidence of coercion or inducement is available.

Statutory provision(s): U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 Sections 3, 5(1), Bharatiya Nyaya Sanhita, 2023 Sections 351(3), 352

Ram Kewal Bharti @ Bablu v. State of U.P., (Allahabad)(Lucknow)(DB) : Law Finder Doc Id # 2818971