Bare Act
Madhya Pradesh Freedom of Religon Act, 2021
1. Short title, extent and commencement
1.
- (1) This Act may be called the Madhya Pradesh Freedom of Religion Act, 2021.
- (2) It shall extend to the whole of the State of Madhya Pradesh.
- (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint,
2. Definitions
2.
- (1) In this Act, unless the context otherwise requires,-
- (a) "allurement' means and includes an act of offering of any temptation in the form of any gift or gratification or material benefit, either in cash or kind or employment. education in school run by any religious body, better lifestyle, divine pleasure or the promise of it thereof or otherwise;
- (b) "coercion" means compelling an individual to act against his will by any means whatsoever including psychological pressure or physical force causing bodily injury or threat thereof;
- (c) "conversion" means renouncing one religion and adopting another but the return of any person already converted to the fold of his parental religion shall not be deemed conversion: Explanation.-the parental religion of the person converted shall mean the religion to which his father belonged at the time of birth of such person.
- (d) "force"? includes a show of force or a threat of injury of any kind to the person converted or sought to be converted or to his parents. siblings. or any other person related by marriage, adoption, guardianship or custodianship or their property including a threat of divine displeasure or social ex-communication;
- (e) "fraudulent" includes misrepresentation of any kind or any other fraudulent contrivance;
- (f) "Government" means the Government of Madhya Pradesh;
- (g) "minor" means a person under eighteen years of age:
- (h) "religious priest" means and includes a person professing any religion and who performs rituals including purification Sanskar or conversion ceremony of any religion and by whatever name is called such as Pujari Pandit, Qazi, Mulla. Maulvi and Father;
- (i) "undue influence" means the unconscientious use by one person of his power or influence over another in order to persuade the other to act in accordance with the will of the person exercising such influence.
- (2) The words and expressions used in this Act but not defined herein but defined in the Code of Criminal Procedure, 1973 (2 of 1974) and the Indian Penal Code, 1860 (45 of 1860) shall have the same meaning as assigned to them respectively unless the context otherwise provides.
3. Prohibition of unlawful conversion from one religion to other religion
3.
- (1) No person shall,-
- (a) convert or attempt to convert, either direcly or otherwise, any other person by use of misrepresentation, allurement, use of threat or force, undue infuluence, coercion or marriage or by any other fraudulent means;
- (b) abet or conspire such conversion.
- (2) Any conversion in contravention of provision of this section shall be deemed null and void.
4. Complaint against conversion of religion
4. No Police officer shall inquire or investigate except upon a written complaint of a person converted in contravention of Section 3 above or his parents or siblings or with the leave of the court by any other person who is related by blood, marriage or adoption, guardianship or custodianship, as may be applicable.
5. Punishment for contravention of provisions of Section 3
5. Whoever contravence the provisions of Section 3 shall be punished with imprisonment for a term, which shall not be less than one year but which may extend to five years and shall also be liable to fine which shall not be less than Rupees Twenty Five Thousand: Provided that whoever contravenes the provisions of Section 3 in respect of a minor, a woman or a person belonging to the Scheduled Castes or Scheduled Tribes shall be punished with imprisonment for a term which shall not be less than two years but which may extend to ten years and shall also be liable to fine which shall not be less than Rupees Fifty Thousand: Provided further that whosoever intends to marry a person of any religion other than the religion professed by him and conceals his religion in such a manner that the other person whom he intends to marry. believes that his religion is truly the one professed by him shall be punished with imprisonment for a term, which shall not be less than three years but which may extend to ten years and shall also be liable to fine which shall not be less than Rupees Fifty Thousand: Provided further that whosoever contravenes the provisions of Section 3 in respect of mass conversion shall be punished with imprisonment for a term, which shall not be less then Five years but which may extend to ten years and shall also be liable to fine which shall not be less than Rupees One Lakh: Provided also that in the case of a second or subsequent offence mentioned in this section is committed, the term of the imprisonment shall not be less than five years but may extend to ten years and also with fine. Explanation -Mass conversion means a conversion wherein more than two persons are converted at the same time.
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