Rajendra Bihari Lal v. State of Uttar Pradesh 2025 INSC 1249 - UP Conversion Act - Locus Standi Of Complainant

Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 - Sections 3, 4  (Prior to 2024 amendment ) - The words employed by the legislature in the unamended Section 4 of the U.P. Conversion Act are abundantly indicative of the intent of the legislature to only allow a certain specified category of persons to make a complaint for the violation of Section 3 of the said Act. (Para 116) Only the person whose faith is directly in question, or those standing in proximate familial relation, are in a position to determine whether the act of conversion is the result of free volition or whether it bears the taint of coercion, fraud, or allurement. An unrelated third party, having no direct nexus with the individual concerned, is neither competent nor legitimately placed to assess the voluntariness of such a decision (Para 118). To permit the initiation of criminal proceedings at the instance of strangers or unrelated third parties would amount to an impermissible intrusion into this protected sphere of individual freedom and would open the door to frivolous or motivated litigations, thereby diluting the constitutional guarantees of personal liberty and freedom of religion. (Para 117)

Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 - Receiving foreign aid and carrying out charitable work, even in the name of religion, ipso facto is not a punishable offence under any of the legislations. (Para 133)

Constitution of India - Article 21,25 - The right to choose a faith or partner is intrinsic to the dignity and autonomy of the individual. The freedom to profess, practice, or propagate religion, and concomitantly the liberty to renounce or embrace a faith of one’s choice, is a facet of the fundamental rights guaranteed under Articles 21 and 25 of the Constitution respectively.  (Para 117)

Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 - The provisions of the said Act pertaining to the pre and post-conversion declaration seem to introduce a very onerous procedure to be followed by an individual seeking to adopt a faith other than the one he professes. The involvement and interference of the State authorities in the conversion procedure is also conspicuous, with the District Magistrate having been legally obliged to direct a police enquiry in each case of intended religious conversion. Further, the statutory requirement of making public the personal details of each person who has converted to a different religion may require a deeper examination to ascertain if such a requirement fits well with the privacy regime pervading the constitution. (Para 55)

Constitution of India - Article 226; Code of Criminal Procedure 1973 - Section 482 [Section 528 BNSS]- An accused person may approach the High Court for quashing of the FIR and chargesheet under Article 226 of the Constitution till the time cognizance on the chargesheet has not been taken by the jurisdictional Trial Court. Once cognizance is taken, thereafter the accused person may approach the High Court under Section 528 of the B.N.S.S. (earlier Section 482 of the Cr.P.C.) at any stage of the proceedings for quashing of the FIR and the consequential proceedings on the ground of abuse of the process of law. (Para 88)

Code of Criminal Procedure 1973 - Section 154- The permissibility of the registration of a second FIR:When the second FIR is counter-complaint or presents a rival version of a set of facts, in reference to which an earlier FIR already stands registered-When the ambit of the two FIRs is different even though they may arise from the same set of circumstances. -When investigation and/or other avenues reveal the earlier FIR or set of facts to be part of a larger conspiracy.-When investigation and/or persons related to the incident bring to the light hitherto unknown facts or circumstances. - Where the incident is separate; offences are similar or different. (Para 102)

Code of Criminal Procedure 1973 - Section 161- The scheme provided under the Cr.P.C. does not require the making of Section 161 statements on oath. As far as statements under Section 164 are concerned, they are to be made before a judicial officer. (Para 122)

Aadhar Act, 2016- Mere recovery of Aadhar cards and card printing machine, does not indicate towards the commission of an offence on its own in the absence of explicit proof that the setup was being utilized to print forged Aadhar cards and not the updated ones as per the prescribed procedure, or for printing identity cards of the students and staff at the institution from where the machine was recovered. (Para 131)

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