What action taken against filing of false FIRs under UP anti-conversion law, Allahabad High Court asks

Justices Abdul Moin and Pramod Kumar Srivastava heard the matter on April 13.

“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,” the bench noted in its order dated April 13.

Investigator’s ‘peculiar turn’

The Allahabad High Court observed that once the statement of the alleged victim was recorded on April 9, 2026, negating the allegations in the FIR, it was incumbent upon the investigating officer to proceed in accordance with that statement. However, the court noted that the officer took a “peculiar turn.”

“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,” the court said.

While Section 87 of the Bharatiya Nyaya Sanhita (BNS) pertains to kidnapping or inducing a woman to compel her marriage, Section 351(3) deals with criminal intimidation.

Acting ‘under pressure’

The Allahabad High Court remarked that the conduct of the investigating officer suggested he was acting under pressure or was being “persuaded” by extraneous factors. “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,” the court observed.

Referring to the decision of the Supreme Court in Rajendra Bihari Lal v. State of Uttar Pradesh, the bench underscored that such misuse of the law has been indicated by the apex court in the aforesaid case.

The Allahabad High Court summoned the complainant to appear in person and explain why action should not be initiated against him for lodging a ‘patently false, fake and frivolous FIR.’

“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,” it added.

The court granted protection to the petitioners, directing that they shall not be arrested in connection with the FIR.

“Further, considering the statement of the victim as recorded under section 183 (recording of confession) of the BNSS, adequate State security shall be extended both to the petitioners as well as the victim and her family members, which shall be provided within three days from today,” the Allahabad High Court stated.