The Chhattisgarh Religious Freedom Act, 2026
Chhattisgarh Dharma Swatantrya Adhiniyam, 2026
Chapter I PRELIMINARY
1. Short title, extent and commencement
- (1) This Act may be called the Chhattisgarh Dharma Swatantrya Adhiniyam, 2026.
- (2) It extends to the whole State of Chhattisgarh.
- (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoints and different dates may be appointed for different provisions of this Act.
Chapter I PRELIMINARY
2. Definitions
- (1) In this Act, unless the context otherwise requires,-
- (a) "Allurement" means to offer any enticing in any form, including,-
- (i) any gift or gratification either in cash or kind; or
- (ii) grant of any material benefit either monetary or otherwise; or
- (iii) employment, subsidy, free education in school, medical facility; or
- (iv) promise to marry; or
- (v) better lifestyle; or
- (vi) portraying practice, rituals and ceremonies or any part of any religion in a detrimental way vis-à-vis other religions; or
- (vii) glorifying one religion against another religion.
- (b) "Coercion" means compelling any person to act against his will by the use of psychological pressure or physical force causing bodily injury or threat thereof;
- (c) "Competent Authority" for the purposes of this Act means District Magistrate or any officer not below the rank of Additional District Magistrate specially authorized by District Magistrate;
- (d) "Conversion" for the purposes of this Act, means renouncing one's own faith or religion and adopting another religion by any person; and includes,-
- (i) ceasing to perform native customary practices, including rituals related to birth, marriage and death and replacing them with rituals of another religion; or
- (ii) renouncing or ceasing the worship of traditional and/or ancestral deities, including discontinuing prayers, rituals, festivals or other customary practices associated with their veneration by adopting and practicing beliefs or faith's alien to one's native religious tradition, thereby willfully abandoning one's customary practices; or
- (iii) accepting a religion of a different origin, that provides for proselytization or otherwise as part of its theology; or
- (iv) practicing an alien faith or religion while ceasing to adhere to one's traditional beliefs and simultaneously claiming to remain non-converted. Explanation:- If any person reverts to their ancestral religion or faith, such reversion shall not be deemed as conversion under this Act.
- (e) "Conversion ceremony" refers to ritual or formal process making an individual's transition or conversion from one faith or belief system to another:
- (f) "Digital mode" means and includes, social media networking sites, applications, websites and the other electronic modes;
- (g) "Force" shall include a show of force as defined in the Bharatiya Nyaya Sanhita, 2023 (No. 45 of 2023) or a threat of injury of any kind including threat of social excommunication;
- (h) "Mass conversion" means two or more persons are converted from one faith or religion to another religion in the same ceremony;
- (i) "Misrepresentation" means and includes statement of fact by words or actions, which is untrue or misleading, made knowingly as to its truth, with the intention to induce a person to convert their faith or religion;
- (j) "Person" shall include an individual or any company or association or body of individuals, whether incorporated or not and their agent, attorney, representative, assignee or any other person acting on their behalf;
- (k) "Prescribe" means prescribed by rules made under this Act and the expression "prescribed" shall be construed accordingly;
- (l) "Religion" means the religion declared and defined under any law or custom for the time being in force;
- (m) "Religious Convertor/Proselytizer" means a person or agent of any religion or faith who performs any act of conversion from one faith or religion to another religion and is registered with Competent Authority :
- (n) "Scheduled Tribes" shall have the meaning assigned to them under clause
- (a) "Allurement" means to offer any enticing in any form, including,-
- (25) of Article 366 of the Constitution of India;
- (o) "Undue Influence" means the use of a position of authority, trust or power, arising from a fiduciary relationship, real or apparent authority or other similar circumstances, to dominate the will of another person and induce such person to act contrary to their free will or best interests, with the intent to secure an unfair benefit or advantage;
- (p) "Unlawful Conversion" means any conversion not in accordance with the provisions of this Act;
- (q) "Victim" means any person or their parents, siblings, spouse, children or any other individual related to them by blood, marriage or adoption who is being and has been subjected to unlawful conversion prescribed under this Act.
- (2) Words and expressions used herein and not defined but defined in the Bharatiya Nyaya Sanhita, 2023 (No. 45 of 2023), the Bharatiya Nagarik Suraksha Sanhita, 2023 (No. 46 of 2023), and The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (No. 33 of 1989), The General Clauses Act, 1897 (No. 10 of 1897); and any other law applicable in the State of Chhattisgarh, shall have the meanings respectively assigned to them in those Codes/Acts.
Chapter II PROHIBITION OF UNLAWFUL CONVERSION
3. Prohibition of unlawful conversion
- (1) No person shall, either directly or otherwise, convert or abet or conspire against any other person or persons for conversion from one faith or religion to another religion by use or practice of glorification, misrepresentation, force, undue influence, coercion, allurement, through physical or digital mode.
- (2) No person shall give or receive or obtain any monetary benefit directly or indirectly to any foreign source or institution, for the purpose of carrying out a conversion by any of the means specified in sub-section (1).
- (3) No person shall, with the intent to convert another person to a different religion,
- (i) put such person in fear of their life or property; or
- (ii) commit mischief by fire or any explosive substance, intending to cause, or knowing it to be likely that such act will cause, the destruction of any building ordinarily used as a place of worship, human dwelling or for the custody of property; or
- (iii) traffic a minor, a woman or any person by enticing, coercing or otherwise selling them; or
- (iv) abet or conspire to commit any of the acts mentioned hereinabove for the purpose of conversion.
Chapter III PROCEDURE FOR CONVERSION
4. Declaration of intended conversion
- (1) Any person who desires to convert from one faith or religion to another religion shall submit a declaration in the format as may be prescribed, to the Competent Authority within the local limits of whose jurisdiction the said conversion is to be performed.
- (2) Any person belonging to the Scheduled Tribes who desires to convert to another religion shall submit a declaration in the format as may be prescribed, to the Competent Authority within the local limits of whose jurisdiction the said conversion is to be performed.
- (3) Any religious convertor or the priest, maulvi, father or any other person performing the rituals of the religious conversion shall submit a declaration, in the format as may be prescribed, to the Competent Authority within the local limits of whose jurisdiction the said conversion is to be performed.
- (4) The Competent Authority, within 7 days, after receiving required information under the above sub-sections, shall publish the particulars of the proposed conversion on its official website to be maintained by the Competent Authority under this Act and display a notice of proposed conversion at the offices of the Tahsildar, Gram Panchayat, place of residence of the applicant and the local police station and ensure that the notice includes the applicant's name, current faith or religion, and proposed religion.
- (5) Contravention of sub-section (1),
- (2) and
- (3) shall have the effect of rendering the proposed conversion, illegal and void.
Chapter III PROCEDURE FOR CONVERSION
5. Procedure on objection to conversion
Any person may, before the expiration of thirty days from the date on which the notice of intended conversion has been published under sub-section
- (4) of Section 4, object to the proposed conversion to the competent authority in writing.
Chapter III PROCEDURE FOR CONVERSION
6. Powers of Competent Authority while conducting an inquiry
For the purpose of any inquiry conducted under this Act on declaration, objection, intimation, complaint or suo-moto, the powers of the Competent Authority shall be in addition to, and not in derogation of, the powers of the police authority under the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (No. 46 of 2023) for any offence committed under this Act.
The Competent Authority for the purpose of inquiry shall have all the powers vested in a civil court under the Code of Civil Procedure, 1908 (No. 5 of 1908), during inquiry in respect of the following matters, namely:-
- (a) summoning and enforcing the attendance of witnesses and examining them on oath;
- (b) discovery and
Chapter III PROCEDURE FOR CONVERSION
7. Decision of the Competent Authority
- (1) The competent authority shall either on complaint or suo-moto conduct an inquiry into the declaration and objection of intended conversion and intimation of unlawful conversion and pass final order within a period of thirty days.
- (2) Upon conclusion of such inquiry, if the Competent Authority concludes, that an offence is committed under this Act, -
- (a) he shall send a report to the concerned police authorities; and
- (b) he shall reject the declaration.
- (3) If no illegality is found in the application then the Competent Authority may conclude that the application is valid.
Chapter III PROCEDURE FOR CONVERSION
8. Appeal against order of Competent Authority
Any person aggrieved by an order of the Competent Authority passed under sub-section
- (1) of Section 7 may, within thirty days from the date of such order, prefer an appeal to the Principal District Judge having jurisdiction over the area where office of the Competent Authority is situated.
Chapter III PROCEDURE FOR CONVERSION
9. Post conversion procedure
- (1) The converted person shall submit a declaration as per prescribed format within thirty days of the date of conversion, to the Competent Authority before whom the declaration under Section 4 was submitted.
- (2) Contravention of sub-section
- (1) shall have effect of rendering the proposed conversion, illegal and void.
- (3) The Competent Authority shall require the converted person to appear in person within twenty-one days of submitting the declaration in sub-section (1), to verify their identity and confirm the contents of the declaration. Upon due verification, the Competent Authority shall issue a Certificate of Conversion as per prescribed format.
- (4) The Certificate of Conversion issued under sub-section
- (3) shall be deemed conclusive evidence that the conversion was conducted in accordance with the provisions of this Act.
Chapter III PROCEDURE FOR CONVERSION
10. Explanation: The conversion certificate issued by the Competent Authority shall not be treated as proof of citizenship or identity.
Effect of religious conversion, unlawful conversion and status of converted individuals The Competent Authority, shall upon issuance of Conversion Certificate to the person who is converted in pursuant to the provisions of this Act, update the status of such individual in its official records in writing as may be prescribed.
Chapter III PROCEDURE FOR CONVERSION
11. Validation deemed to have lapsed
- (1) If the conversion is not carried out within a period of ninety days from the date on which the application for conversion is held valid under sub-section
- (1) of Section (7), such application shall be deemed to have been lapsed.
- (2) Any conversion carried out after the lapse of the application shall be deemed unlawful and such conversion shall be held as 'unlawful conversion'.
Chapter III PROCEDURE FOR CONVERSION
12. Marriage done for sole purpose of Conversion
- (1) Where any person of one religion or faith enters into a marriage with a person of another religion or faith, in any institution, religious place, private or public premises, -
- (i) the father priest, maulvi or any other person responsible for solemnizing such marriage; and
- (ii) persons entering into the marriage, shall sixty days prior to the proposed date of marriage, submit a declaration to the Competent Authority in the format as may be prescribed. The Competent Authority shall also publish the notice of declaration on its official website.
- (2) The Competent Authority shall inquire whether the intention of such marriage is for unlawful conversion.
- (3) The Competent Authority in pursuant to the intimation as provided under sub-section
- (1) above shall conclude the inquiry within 45 days as per Section 6 of this Act.
- (4) The Competent Authority in pursuant to the inquiry may take appropriate action under the provisions of this Act.
- (5) Where any person of one religion or faith enters into a marriage with a person of another religion or faith, and converts either before or after such marriage and such conversion is solely for the purpose of marriage or marriage is for the purpose of conversion, the conversion shall be deemed unlawful, if it is not in accordance with the provisions of this Act. Explanation.- Marriage shall not ipso facto lead to conversion under this Act.
Chapter III PROCEDURE FOR CONVERSION
13. Conversion must follow the legal procedures laid down in this Act, and the mere act of marriage shall not be sufficient to validate any religious conversion.
Compliance by persons facilitating conversion
- (1) Any person who facilitates conversion shall from the date of the enforcement of this Act, shall provide its details in format as may be prescribed to the Competent Authority for registration, who shall maintain a record to this effect.
- (2) Any person facilitating conversion shall maintain a record as may be prescribed with supporting documentation with regard to every conversion initiated or completed.
- (3) Every person facilitating conversions shall, within sixty days of the end of each financial year, submit an annual report in prescribed format to the Competent Authority, containing the following:
- (a) the total number of conversions initiated and completed, details including the name, age, gender and address of the persons converting, thereof during the financial year; and
- (b) A certified financial audit report detailing all funds received (domestic or foreign).
- (4) Such records shall be maintained from the date of each conversion and shall be made available for inspection by the Competent Authority as and when required.
- (5) The Competent Authority shall have the power to,-
- (a) verify the authenticity of conversions and ensure adherence to the procedures prescribed under this Act;
- (b) investigate complaints or grievances relating to conversions;
- (c) Summon any person for examination or production of records.
- (6) No person shall accept donations, grants or contributions from within or outside India for the purpose of violating the provisions of this Act.
- (7) The State Government may take appropriate steps not to provide or to retract or cancel any such financial aid, grant or infrastructure support to any person violating the provisions of this Act.
Chapter III PROCEDURE FOR CONVERSION
14. Intimation of reversion
- (1) If any person reverts to their ancestral religion or faith, such reversion shall be intimated to the Competent Authority in the format as may be prescribed before or after the reversion.
- (2) The Competent Authority may thereafter pass an order for cancellation of the conversion certificate; in cases where conversion certificate is not issued the Competent Authority may pass a formal order recording the reversion of the person to their ancestral religion or faith in pursuant to the intimation and thereafter the information shall be published in the manner as may be prescribed.
- (3) Once an intimation under sub-section
- (1) is submitted by a person before the Competent Authority, the reversion shall be deemed to be legal for all practical purposes.
Chapter IV OFFENCES AND PENALTIES
15. Parties to unlawful conversion
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:-
- (a) person who does or omits to do any act for the purpose of enabling or aiding another person to commit the offence; or
- (b) person who actually does the act which constitutes the offence; or
- (c) person who aids, abets or conspires with another person in committing the offence; or
- (d) person who counsels, convinces or procures any other person to commit the offence.
Chapter IV OFFENCES AND PENALTIES
16. Punishment for contravention of the provisions of Section 3
- (1) Any person contravening the provisions contained in sub-section
- (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.
- (2) In case of offences in contravention of sub-section
- (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.
- (3) Any person contravening the provisions contained in sub-section
- (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.
- (4) Any person contravening the provisions contained in sub-section
- (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.
- (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.
Chapter IV OFFENCES AND PENALTIES
17. Punishment for attempt to commit offences
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.
Chapter IV OFFENCES AND PENALTIES
18. Non-Compliance by persons facilitating conversion
- (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) 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.
Chapter IV OFFENCES AND PENALTIES
19. Contravention of procedure
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.
Chapter IV OFFENCES AND PENALTIES
20. Victim compensation
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.
Chapter IV OFFENCES AND PENALTIES
21. Offence to be cognizable and non-bailable
- (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) The restrictions on granting of bail specified in clause
- (b) of sub-section
- (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.
- (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.
Chapter IV OFFENCES AND PENALTIES
22. Investigation
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.
Chapter IV OFFENCES AND PENALTIES
23. Territorial Jurisdiction
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.
Chapter IV OFFENCES AND PENALTIES
24. Burden of proof
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.
Chapter V SPECIAL COURTS
25. Designation of special courts
- (1) For the purpose of providing speedy trial of offences under this Act, the State Government shall, with the concurrence of the Chief Justice of the High Court, by notification in the Official Gazette, designate for each district a court of session to be a Special Court to try the offences under this Act.
- (2) In case where no Special Court is designated for an area, the Sessions Court having territorial jurisdiction shall exercise the powers of the Special Courts until such designation.
Chapter V SPECIAL COURTS
26. Procedure and Powers of Special Courts
- (1) A Special Court may take cognizance of any offence, without the accused being committed to it for trial, upon receiving a complaint of facts which constitute such offence, or upon a police report of such facts.
- (2) In every trial in the Special Court, the proceedings shall be continued from day-to-day until all the witnesses in attendance have been examined, unless the Special Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded in writing:
Chapter V SPECIAL COURTS
27. Provided that, when the trial relates to an offence under this Act, the trial shall, as far as possible, be completed within a period of six months from the date of filing of the final report.
Appointment of Special Public Prosecutor The State Government shall, by notification, appoint a Special Public Prosecutor for every Special Court.
Chapter VI MISCELLANEOUS
28. Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against the officers duly authorized by the State Government, for any act done or purported to be done in good faith in the exercise of powers or functions under this Act.
Chapter VI MISCELLANEOUS
29. Removal of difficulties
- (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, make such provisions or give such directions not inconsistent with the provisions of this Act as may appear it to be necessary or expedient for removal of difficulty: Provided that, no such power shall be exercised after expiry of a period of two years from the commencement of this Act.
- (2) Every Order made under sub-section (1), shall be laid as soon as may be after it is made, on the table in the Vidhan Sabha.
Chapter VI MISCELLANEOUS
30. Power to make rules
- (1) The State Government may make rules for the purpose of carrying out the provisions of this Act..
- (2) All rules made under this Act shall be laid as soon as may be after it is made, on the table in the Vidhan Sabha.
Chapter VI MISCELLANEOUS
31. Repeal and Savings
-1 31.
- (1) The Chhattisgarh Dharma Swatantraya Adhiniyam, 1968 (No. 27 of 1968) is hereby repealed.
- (2) Notwithstanding such repeal, anything done or any action taken under the Chhattisgarh Dharma Swatantraya Adhiniyam. 1968 (No. 27 of 1968) shall be deemed to have been done or taken under the provisions of this Act.
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