Disturbing Trend; IOs Acting Under Pressure: Allahabad HC Slams 'False' FIRs Under 'UP Unlawful Conversion Act'

The Allahabad High Court on Monday strongly condemned a "disturbing trend" of false FIRs being lodged in the state under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021.

Observing that FIRs are being lodged "left and right" under the 2021 law, which subsequently turn out to be fallacious, the Court directed the Additional Chief Secretary (Home) of the state to file a personal affidavit specifying the action being taken in such cases.

A bench of Justice Abdul Moin and Justice Pramod Kumar Srivastava made these observations and passed this order while hearing a criminal writ petition filed by Mohd. Faizan and others, who sought the quashing of an FIR registered at a police station in the Bahraich district.

Briefly put, the FIR alleged that the petitioner and others had enticed away the 18-year-old daughter of the complainant. It was claimed that there is every likelihood of the petitioners trying to change the religion of the complainant's daughter and to force her to marry.

However, the bench was apprised of the victim's statement recorded under Section 183 BNSS, wherein she stated that she was in a consensual relationship with the petitioner for the past 3 years. She also denied any allegations of change of religion, forced marriage or physical relations.

In fact, the alleged victim explicitly stated that she wished to reside with the petitioner and prayed that the members of Hindu organisations should not harass her or her relatives.

"The statement of the victim itself indicates that she is apprehensive of her safety and the safety of her relatives after her statement being recorded and she being apprehensive of being harassed and troubled by the various Organizations," the HCa noted.

The bench further noteded that despite these categorical statements from the victim, the Investigating Officer only dropped the charge of rape (Section 69 of the BNS).

In what the High Court termed a "peculiar turn", the IO chose to proceed with the investigation under charges of kidnapping and assault under the BNS, as well as sections of the UP Anti-Conversion Act, 2021.

The Court observed that once the victim's statement patently belied the FIR allegations, further investigation in the case was entirely unwarranted. The Bench remarked thus:

"Prima facie, it emerges that the Investigating Officer is acting under pressure or is 'persuaded' by some other factors. We need not say anything more at this stage".

Furthermore, the Court noted a "disturbing trend" in which FIRs are increasingly being lodged by third parties under the 2021 Act.

The bench stated that the Supreme Court of India recently indicated the same trend in the 2025 case of Rajendra Bihari Lal vs State of U.P. & Ors [2025 LiveLaw (SC) 1021].

Taking a stern view of the matter, the High Court directed the complainant/father of the allged victim to appear in person on the next date of hearing to explain why action should not be taken against him for lodging a "patently false, fake and frivolous FIR".

The Court also ordered the UP's Additional Chief Secretary (Home) to explain the action being taken regarding such baseless cases. The affidavit has to be filed by May 19, failing which, the official must appear in person along with the relevant records to assist the Court.

In the meantime, the Court has stayed the arrest of the petitioners and ordered the State to provide adequate security to the petitioners, the victim, and her family members within three days.