Chapter IV OFFENCES AND PENALTIES

When an offence is committed under this Act, each of the following shall be deemed to have taken part in committing the offence and shall be guilty of the offence and shall be charged as if he has actually committed the said offence, that is to say:-

1. (a) person who does or omits to do any act for the purpose of enabling or aiding another person to commit the offence; or
2. (b) person who actually does the act which constitutes the offence; or
3. (c) person who aids, abets or conspires with another person in committing the offence; or
4. (d) person who counsels, convinces or procures any other person to commit the offence.

1. (1) Any person contravening the provisions contained in sub-section
2. (1) of Section 3 shall, without prejudice to any civil liability, be punishable with imprisonment of either description for a term which shall not be less than seven years but which may extend to ten years and fine which shall not be less than five lakh rupees; provided that court may, reduce imprisonment for any adequate or special reasons to be recorded in the judgment: Provided that, in case the said offence is committed in respect of a minor, a person of unsound mind or a woman or a person belonging to the Other Backward Classes or Scheduled Castes or Scheduled Tribes, the imprisonment shall not be less than ten years but which may extend to twenty years and fine which shall not be less than ten lakh rupees; provided that court may, reduce imprisonment for any adequate or special reasons to be recorded in the judgment: Provided further that, whoever contravenes the provisions of Section 3 in respect of mass conversion shall be punishable with rigorous imprisonment which shall not be less than ten years but which may extend to imprisonment for life, which shall imprisonmemt for the remainder of that person's natural life, and fine which shall not be less than twenty-five lakh rupees; provided that court may, reduce imprisonment for any adequate or special reasons to be recorded in the judgement.
3. (2) In case of offences in contravention of sub-section
4. (1) of Section 3 by a public servant, the same shall be punishable with imprisonment of either description for a term which shall not be less than ten years but which may extend to twenty years and fine which shall not be less than ten lakh rupees.
5. (3) Any person contravening the provisions contained in sub-section
6. (2) of Section 3 shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and fine which shall not be less than twenty lakh rupees; provided that court may, reduce imprisonment for any adequate or special reasons to be recorded in the judgement.
7. (4) Any person contravening the provisions contained in sub-section
8. (3) of Section 3, shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and fine which shall not be less than thirty lakh rupees; provided that court may, reduce imprisonment for any adequate or special reasons to be recorded in the judgement: Provided that, such fine shall be reasonable and appropriate for medical expenses and rehabilitation of the victim.
9. (5) Whoever, having previously been convicted for the offence under this Act, is again convicted of an offence punishable under this Act, shall, for every such subsequent offence, be liable to a punishment for life imprisonment, which shall mean imprisonment for the remainder of the person's natural life, provided that court may, reduce imprisonment for any adequate or special reasons to be recorded in the judgment.

Whoever attempts to commit any offence punishable under this Act shall be punished with one-half of the imprisonment provided for that offence or with such fine as provided for the offence, or with both, as the case may be.

1. (1) Any person who fails to comply with the provisions under Section 12, shall be punishable with imprisonment of either description for a term which shall not be less than six months but which may extend to three years and with fine which may extend to two lakh rupees.
2. (2) Any person who fails to comply with the provisions of Section 13 shall be punishable with imprisonment of either description for a term which shall not be less than six months but which may extend to three years and with fine which may extend to one lakh rupees.

Contravention of procedure. Whoever contravenes the provisions of Section 4 and 9 shall be punished with imprisonment for a term which shall not be less than six months but may extend to three years and shall also be liable to fine which shall not be less than rupees ten thousand.

Victim compensation. The court shall, in addition to any punishment imposed under this Act, direct the accused to pay appropriate compensation to the victim of an unlawful conversion, which may extend to a maximum of ten lakh rupees.

1. (1) Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 (No. 46 of 2023),-
   • (a) every offence punishable under this Act shall be cognizable and non-bailable;
   • (b) no person accused of an offence punishable under Sections 16, 17 and 18 shall be released on bail or on his own bond, unless-
     • (i) the Special Public Prosecutor has been given an opportunity of being heard on the application for such release; and
     • (ii) where the Special Public Prosecutor opposes the application, the Court is satisfied that there are reasonable grounds for believing that the accused is not guilty of such offence and that he is not likely to commit any offence while on bail.
2. (2) The restrictions on granting of bail specified in clause
   • (b) of sub-section
3. (1) shall be in addition to, and not in derogation of, the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (No. 46 of 2023) or any other law for the time being in force relating to grant of bail.
4. (3) Nothing in Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (No. 46 of 2023) shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence under this Act.

Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 (No. 46 of 2023) investigation into an offence under this Act shall be conducted by an officer not below the rank of a Sub-Inspector of Police.

Every offence under this Act shall be inquired into and tried exclusively by the Special Court designated for the area in which the offence is committed.

The burden of proof as to whether a religious conversion was not effected through misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means or by marriage, lies on the person who has caused the conversion and, where has conversion been facilitated by any person, on such other person.