What action taken against false cases under anti-conversion law? Allahabad High Court

The Allahabad High Court recently flagged concerns about a “disturbing trend” of false cases being registered by third parties under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 [Mohd Faizan and Others v State of UP and Others]..A Division Bench of Justice Abdul Moin and Justice Pramod Kumar Srivastava made the observation in a case where three Muslim men were booked under the 2021 anti-conversion law. The alleged victim gave a statement denying claims that she was being "enticed" by one of the accused men. Instead, she claimed that she was in love with him, and feared harassment from her relatives and third-parties."The statement of the victim vis-a-vis the allegations as levelled in the FIR gives rise to a disturbing trend which is being noticed time and again by the courts of law pertaining to FIRs being lodged by third parties under the provisions of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021," the Court observed. The Court has now directed the State government to explain the action being taken to tackle this trend by filing an affidavit. “The Additional Chief Secretary(Home), Government of UP shall also file his personal affidavit indicating as to what action is being taken in such cases where FIRs are being lodged left and right under the provision of the Act 2021 and subsequent thereto the FIRs turned out to be patently fallacious whereby spending valuable time of the authorities in chasing such FIRs which do not even have any legs to stand on,” the Court ordered..The Court added that the Additional Chief Secretary (Home) must appear in person along with the records to assist the Court if he fails to file the affidavit before May 19.It was hearing a petition seeking quashing of a First Information Report (FIR) registered under various provisions of the Bharatiya Nyaya Sanhita (BNS) and Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 by Police Station Kotwali Nagar in district Bahraich.The case was registered on the complaint of a man who alleged that his daughter was enticed away by a Muslim man with the help of two others. The complainant said that there was every likelihood of the accused trying to change the religion of his daughter and to force her to marry a Muslim man..However, the Court found that the alleged victim in her statement before the magistrate has said that she is an adult and in love with the man for the past three years. “She has further stated that her religion has not been changed neither the petitioner has married her nor has established physical relations with her neither the petitioner no.3 or his relatives have coerced the victim to change her religion. She has further stated that she wants to reside with petitioner no.3 and her religion has not been changed. She has also prayed in her statement that the members of the Hindu Organizations should not harass her or her relatives,” the Court recorded in the order.It added that her statement patently belies the allegations levelled by the complainant. However, the Court found that the investigation had taken a “peculiar turn” after her statement. It noted that though Section 69 (sexual intercourse by deceitful means or false promises to marry) of the BNS has been dropped, the Investigating Officer has proceeded with further investigation under other offences. The Court said that, prima facie, the Investigating Officer was acting under pressure or was 'persuaded' by some other factors.“Why we use the words 'peculiar turn' is that when from the statement of the alleged victim none of the offences as indicated under Sections 87, 351(3) of BNS 2023 and 3/5(1) of the Act, 2021 emerged and that statement, as already indicated above, has been recorded before the learned Magistrate which also finds place in the version of the Investigating Officer the requirement of further investigation by the Investigating Officer is not understood,” it added..The Court took note of the trend of third parties registering such cases.“This is a disturbing trend which has crept in the society now and which has also been indicated by Hon'ble Supreme Court in the case of Rajendra Bihari Lal vs State of U.P. & Ors. : 2025 SCC OnLine SC 2265,” the Bench said.It then proceeded to summon the complainant (father of the alleged victim), asking him to explain why action be not taken against him for having lodged prima facie a patently false, fake and frivolous FIR. It also ordered that the petitioners (accused men) shall not be arrested till further orders. Further, the Court took note of the apprehension expressed by the woman that she is apprehensive of her safety and the safety of her relatives after her statement.Adequate State security shall be extended both to the petitioners (accused) as well as the victim and her family members, the Court ordered. .Advocate Manoj Kumar Singh appeared for the petitioners. .[Read Order]