Allahabad High Court Flags Misuse of UP Anti-Conversion Law: False FIRs by Third Parties Draw Judicial Scrutiny
Overview of the Judgment
A Division Bench of the Allahabad High Court — widely recognised as the largest High Court in the world — comprising Hon'ble Mr. Justice Abdul Moin and Hon'ble Mr. Justice Pramod Kumar Srivastava delivered a significant ruling on April 13, 2026 in the matter of Mohd Faizan and Others vs State of UP and Others in Criminal Misc. Writ Petition No. 2962 of 2026.
The judgment brought into sharp focus a deeply troubling pattern of false First Information Reports (FIRs) being lodged by third parties under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. The Court not only granted interim protection from arrest to the accused persons but also summoned the complainant to explain why action should not be initiated against him for filing what the Court described, prima facie, as a patently false, fake, and frivolous FIR.
Background and Facts of the Case
The petition before the Division Bench sought the quashing of FIR No. 0066/2026, which had been registered at Police Station Kotwali Nagar, District Bahraich, under the following provisions:
Sections 87, 69, and 351(3) of the Bharatiya Nyaya Sanhita (BNS) 2023Sections 3 and 5(1) of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021
The complainant — the father of the alleged victim — had lodged the FIR alleging that his daughter had been enticed away by one of the petitioners (a Muslim man) with the assistance of two others. The complainant further alleged that the accused persons were likely to forcibly convert his daughter's religion and compel her to enter into a marriage against her will. It was also alleged that all named accused were harassing the complainant and his wife and pressuring them to change their religion.
The three accused men (petitioners) strongly contested these allegations, characterising the FIR as entirely baseless and false.
What the Victim Actually Said: Section 183 BNSS Statement
A critical turning point in the matter arose when the Additional Government Advocate (AGA) placed before the Court the statement of the alleged victim, recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 before a Magistrate on 09.04.2026.
In her own words before the Magistrate, the alleged victim stated:
- She is a major, approximately 18 years of age
- She has been in a relationship with the third petitioner for the past three years
- Her religion has not been changed
- The third petitioner has neither married her nor established any physical relations with her
- No coercion was applied by the petitioner or his family to change her religion
- She willingly wishes to reside with the third petitioner
- She expressed apprehension that members of certain Hindu organisations may harass her or her relatives following the recording of her statement