The Maharashtra Freedom of Religion Act, 2026
Chapter IV Chapter IV
Chapter IV Chapter IV
8. Person competent to lodge complaint
Offences and Punishment
- (1) The converted person, parents, brother or sister of such person or any other person who is related to such person by blood, marriage or adoption, may lodge first information report of unlawful conversion to the police.
- (2) It shall be mandatory for the police officer in charge of the police station to register a complaint made by any person specified in sub-section (1).
- (3) If police officer is satisfied that the conversion is made or is being made in contravention of the provisions of the Act, then he shall take suo motu cognizance of such contravention.
Chapter IV Chapter IV
9. Offences and punishment
- (1) Whoever contravenes the provisions of section 3 shall be punished with imprisonment for a term of seven years and shall also be liable to fine of one lakh rupees.
- (2) Whoever contravenes the provisions of section 3 in respect of a minor or a person of unsound mind or a woman or a person belonging to the Scheduled Castes or Scheduled Tribes shall be punished with imprisonment for a term of seven years and shall also be liable to fine of five lakh rupees.
- (3) Whoever contravenes the provisions of section 3 in respect of mass conversion shall be punished with imprisonment for a term of seven years and shall also be liable to fine of five lakh rupees.
- (4) Whoever have been previously convicted of an offence under this Act, has again committed an offence punishable under this Act, such person or institution shall be punished with imprisonment for a term of ten years and shall also be liable to fine of seven lakh rupees.
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10. Penalty for institution
- (1) If any institution or organisation violates the provisions of this Act, the registration of such organisation or institution under any law for time being in force, may be cancelled by the Authority competent to do so and the person or persons in charge of the affairs of the organisations or institutions, as the case may be, shall be punished with imprisonment for a term of seven years and shall also be liable to fine of five lakh rupees.
- (2) The State Government shall not provide any financial aid or grant to such organization or institution violating the provisions of this Act.
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11. Parties to offence
If 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 deemed to be guilty of the offence and shall be charged as if he has actually committed the said offence, that is to say,—
- (i) every person who actually does the act which constitutes the offence;
- (ii) every person who does or omit to do any act for the purpose of enabling or aiding another person to commit the offence;
- (iii) every person who aids or abets another in committing the offence;
- (iv) any person who counsels, convinces or procures any other person to commit the offence.
Chapter IV Chapter IV
12. Person endorsing documents of unlawful conversion
Any person who executes or endorses or attests any document regarding the conversion made in contravention of the provisions of this Act, shall be deemed to be abetting or aiding the offence and shall be liable to be punished under the provisions of this Act.
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13. Burden of proof
The burden of proof that a religious conversion was not made in contravention of the provisions of this Act, shall lie on the person who has caused such conversion and on the abettor who assists, aids or abets such conversion.
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14. Power to investigate
The investigation of any offence punishable under this Act shall be made by an officer not below the rank of Sub-Inspector of Police.
Chapter IV Chapter IV
15. Offences to be cognizable and non-bailable
- (1) Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023, every offence committed under this Act shall be cognizable and non-bailable.
- (2) All offences under this Act shall be triable by the Court of Sessions.
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