Distributing Bible, Preaching Religion Not Criminal Act: Allahabad High Court Blasts Police For Overreach In Unlawful Conversion Case

The Allahabad High Court while coming down heavily on Police over overreach in conversion case has held that distributing bible and preaching religion is not a crime.

The Court was considering a Writ Petition seeking quashing of an FIR registered under Sections 352, 351(3) of the Bharatiya Nyaya Sanhita 2023 and Sections 3 and 5(1) of the U.P. Prohibition of Unlawful Conversion of Religion Act, 2021.

The division bench of Justice Abdul Moin and Justice Babita Rani held, "Learned AGA has failed to indicate and obviously would not be able to indicate that distribution of Bible is a crime. Further, even preaching of a religion has not been prescribed as a crime anywhere. Thus, the sine-qua-non to invocation of Section 3 of the Act, 2021 prima facie would be coming forward of a 'person' to allege that either he has been converted to any other religion or is being coerced or given some allurement to convert to some other religion which is patently missing at the time of lodging of the FIR...."

The Petitioner was represented by Advocate Upendra Kumar Sagar while the Respondent was represented by Government Advocate.

Facts of the Case

The Complainant stated that he received an information of the Petitioners having called a prayer meeting and given out Bibles to various Dalits and poor persons including women and children and have tried to convert them. When the Complainant along with others reached the prayer meeting, he found that the Petitioners in their verandah had installed an LED and were preaching the tenets of Christianity and were converting the people.

Counsel for the Petitioner contended that a patently false FIR has been lodged against the Petitioners.

Reasoning By Court 

The Court referred to Supreme Court's decision in Rajendra Bihari Lal and another vs. State of U.P. and others, 2025 wherein it was held that the U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 is a special Act.

Stressing that  in case the FIR is being lodged under the provisions of the Act, 2021 obviously the authorities would have to strictly adhere to the provisions of the Act, 2021, it clarified that mere distributing bible and preaching religion is not a criminal offence.

"....it is prima facie apparent that the authorities have bent themselves backward in order to arrest the petitioner(s) even though it is not known as to how the complainant had got information about any offence as alleged in the FIR having come to his knowledge. These are all strange facts which need to be explained by the authorities more particularly when it is the life and liberty of the petitioner(s) which is involved", the Court stated.

It asked the Authorities to address following points while filing the counter affidavit:

(a) as to from where he got the information of the petitioners being engaged in the offence for which the FIR has been lodged,

(b) as to from where he managed to collect the people to accompany him to the house of the accused,

(c) in case he barges into the house of a third person accompanied by several persons as to what offence has been committed by the petitioners in trying to stop him from barging into their house and as to how the offence under Sections 352 and 351(3) of the BNS can be said to be made out against the accused, and

(d) his criminal history, if any. 

The matter was listed after four weeks for fresh hearing.

Cause Title: Ram Kewal Bharti @ Bablu And Others v. State Of U.P. Thru. Prin. Secy. Home Lko. And Others

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