The Rajasthan Prohibition of Unlawful Conversion of Religion Act, 2025
The Rajasthan Prohibition of Unlawful Conversion of Religion Act, 2025
1. Short title, extent and commencement
- (1) This Act may be called the Rajasthan Prohibition of Unlawful Conversion of Religion Act, 2025.
- (2) It shall extend to the whole of the State of Rajasthan.
- (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Definitions
- (1) In this Act, unless the subject or context otherwise requires,-
- (a) “allurement” means and includes offer of any temptation in the form of-
- (i) any gift, gratification, easy money or material benefit either in cash or kind;
- (ii) employment, free education in institutions run by anybody;
- (iii) better lifestyle, divine displeasure or otherwise;
- (iv) pretext of marriage;
- (v) portraying practice, rituals and ceremonies or any integral part of a religion in a detrimental way vis-à-vis another religion; or
- (vi) glorifying one religion against another religion;
- (b) “coercion” means forcing and compelling an individual to act against his/her will by the use of psychological pressure or physical force causing bodily injury or threat thereof;
- (c) “conversion” means a process of change at every stage from one set of religion, rituals and beliefs to another religion and its rituals and beliefs but the return of any person already converted to his original religion i.e ancestral religion shall not be deemed conversion;
- (d) “convincing for conversion” means to make one person agree to renounce one's religion and adopt another religion;
- (e) “digital mode” means and includes any electronic means of communication, data transmission, or content dissemination, including but not limited to:
- (i) social media networking sites that facilitate the creation of public or semi-public profiles, connections between users, and the viewing and traversal of such connections within a bounded system;
- (ii) social media applications designed for building online communities, sharing interests and activities, and enabling various forms of digital interaction such as electronic mail, messaging applications, and online forums;
- (iii) any other online or electronic platform, medium, or device used for communication, information exchange, or content publication;
- (f) “district magistrate” means an officer appointed as district magistrate and includes the additional district magistrate;
- (g) “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;
- (h) “fraudulent means” includes impersonation of any kind, by false name, surname, and religious symbol or otherwise;
- (i) “Institutions” means and includes all legal entities, educational institutions, orphanages, old age homes, hospitals, religious missionaries, non-governmental organization and such other organizations of public character;
- (j) “mass conversion” means where two or more persons are converted;
- (k) “minor” means a person under eighteen years of age;
- (l) “misinformation” means false or inaccurate information;
- (m) “online solicitation” means an act or omission that involves persuading someone to commit conversion through virtual mode;
- (n) “person” means any person, individual, group of person, society or trust either registered or unregistered, company or association or body of persons, whether incorporated or not;
- (o) “propaganda” means the systematic dissemination of information, ideas, or beliefs, including misinformation, through any medium (printed material, print media, social media, messaging applications, or any other digital mode), with the intent to cause or facilitate unlawful conversion by misrepresentation, force, undue influence, coercion, allurement, fraudulent means, marriage, or pretext of marriage;
- (p) “property” or “premises” means and include any movable or immovable property which shall include land, benefits to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth;
- (q) “religion” means any organized system of worship pattern, faith, belief, worship or lifestyle, as prevailing in India or any part of it, and defined under any law or custom for the time being in force;
- (r) “religion convertor” means any person or persons of any religion who performs any act of conversion from one religion to another religion;
- (s) “religious priest” means priest of any religion who performs purification sanskar or conversion ceremony of any religion and by whatever name he is called such as pujari, pandit, mulla, maulvi, father etc.;
- (t) “undue influence” means the unconscientiously use by one person of his/her power or influence over another in order to persuade the other to act in accordance with the will of the person exercising such influence;
- (u) “unlawful conversion” means any conversion not in accordance with law of the land;
- (v) “victim” refers to a person who has suffered any loss or harm as a result of an offence under this Act, and it also includes the guardian and legal heir of such a victim.
- (a) “allurement” means and includes offer of any temptation in the form of-
- (2) Words and expressions used herein and not defined but defined in the Bharatiya Nyaya Sanhita, 2023 (Central Act No. 45 of 2023), the Bharatiya Nagarik Suraksha Sanhita, 2023 (Central Act No. 46 of 2023), and the Rajasthan General Clauses Act, 1955 (Act No. 8 of 1955) and any other law for the time being in force in India or in State of Rajasthan shall have the meanings respectively assigned to them in those Codes/Acts.
3. Prohibition of conversion from one religion to another religion by misrepresentation, misinformation, force, undue
- (1) No person shall convert or attempt to convert, either directly or otherwise, any other person from one religion to another by use or practice of misrepresentation, misinformation, force, undue influence, coercion, allurement, online solicitation, marriage or by pretext of marriage or by any other fraudulent means including propaganda. No person shall abet, convince, provoke or conspire such conversion and any such person who solicits, encourages, abets, aids, assists, colludes and conspires such conversion shall be liable to be prosecuted under the Act in the same manner as if such person himself has committed such act. Explanation.- For the purposes of this sub-section conversion by solemnization of marriage or relationship in the nature of marriage or on account of pretext of marriage and other factors enumerated in this sub-section shall be deemed included.
- (2) No person shall use a false identity, misuse religious, social, or other identities, hurt public sentiments, or commit fraud to gain undue advantage.
- (3) No person shall conceal his or her religion with the intent of marriage.
- (4) If any person re-converts to original religion i.e. ancestral religion, the same shall not be deemed to be a conversion under this Act. Explanation.- For the purpose of this sub-section original religion i.e. ancestral religion means the religion in which forefathers/ancestors of the person had faith, belief or was practiced by forefathers/ancestors of the person voluntarily and freely.
4. Person competent to lodge First Information Report
An information relating to the contravention of the provisions of the Act may be given by any person and the manner of giving such information shall be the same as given in Chapter XIII of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Central Act No. 46 of 2023).
5. Punishment for contravention of provisions of section 3
- (1) Whoever contravenes the provisions of section 3, shall, without prejudice to any civil liability, be punished with imprisonment for a term which shall not be less than seven years but which may extend to fourteen years and shall also be liable to fine which shall not be less than five lakh rupees: Provided that whoever contravenes the provisions of section 3 in respect of a minor, a person with disability, a woman or a person belonging to the Scheduled Castes or the Scheduled Tribes, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than ten lakh rupees: Provided further that whoever contravenes the provisions of section 3 in respect of mass conversion of religion shall be punished with rigorous imprisonment for a term which shall not be less than twenty years but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine which shall not be less than twenty five lakh rupees.
- (2) Whoever receives money from any foreign or illegal institutions in connection with unlawful religious conversion shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than twenty lakh rupees.
- (3) Whoever, with the intent to convert, puts any person in fear of his life or property, assaults or uses force or marries or promises to marry or induces or conspires for the same, or traffics a minor, a woman or a person by enticing them or otherwise selling them, or abets, attempts or conspires in this behalf, shall be punished with rigorous imprisonment for a term which shall not be less than twenty years but which may extend to imprisonment for life, which shall imprisonment for the remainder of that person's natural life, and shall also be liable to fine which shall not be less than thirty lakh rupees: Provided that any fine imposed under this section shall be paid to the victim.
- (4) The Court shall award appropriate compensation payable by the accused to the victim of the said conversion, which may extend to ten lakh rupees, in addition to the fine: Provided that in case the accused fails to make payment of compensation, the amount due may be recovered as arrears of land revenue.
- (5) Whoever, having previously been convicted of an offence under this Act, is again convicted of an offence punishable under this Act, shall be punished with rigorous imprisonment for a term which shall not be less than twenty years but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine which shall not be less than fifty lakh rupees.
- (6) The property, where the offence of unlawful conversion of the person from one religion to another religion has taken place, shall be forfeited after upholding the due inquiry by any gazetted officer appointed by the District Magistrate or State Government in that regard. Explanation.-The property includes property which belongs to the person convicted under this Act or belongs to the others but used for unlawful conversion by the person convicted with or without consent of the owner of used property.
6. Marriage done for sole purpose of unlawful conversion or vice-versa to be declared null and void
- (1) Any marriage done for sole purpose of unlawful conversion or vice-versa by the man of one religion with the woman of another religion, either by converting himself/herself before or after marriage, or by converting the woman before or after marriage, shall be declared void by the Family Court or where Family Court is not established, the Court having jurisdiction to try such case on a petition presented by either party thereto against the other party of the marriage. Explanation.- For the purpose of interpretation of aforesaid provision marriage includes marriage or partnership similar to marriage such as cohabitation of two or more persons in one dwelling or otherwise to undertake the task of unlawful conversion.
- (2) Every petition under sub-section (1) shall be presented to the Family Court or where Family Court is not established, the Court having jurisdiction to try such case within the local limits-
- (i) the marriage was solemnized; or
- (ii) the respondent, at the time of the presentation of the petition, resides; or
- (iii) the parties to the marriage last resided together; or
- (iv) in case the wife is the petitioner, where she is residing on the date of presentation of the petition.
7. Offences to be non-bailable and cognizable
- (1) Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Central Act No. 46 of 2023), all offences under this Act shall be cognizable and non-bailable and triable by the Court of Sessions.
- (2) No person accused of any offence punishable under this Act, if in custody, shall be released on bail, unless,-
- (a) the Public Prosecutor has been given an opportunity to oppose the bail application for such release; and
- (b) where the Public Prosecutor opposes the bail application, the Court of Sessions is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.
8. Declaration before conversion of religion and prereport about conversion
- (1) One who desires to convert his/her religion, shall give a declaration in the form prescribed in Schedule-I at least ninety days in advance, to the District Magistrate or the Additional District Magistrate specially authorized by the District Magistrate, that he/she wishes to convert his/her religion on his/her own and with his/her free consent and without any force, coercion, undue influence, propaganda, convincing, allurement, misrepresentation, misinformation, online solicitation or by any other fraudulent means.
- (2) The religion convertor, and religious priest who performs conversion ceremony for converting any person of one religion to another religion, shall give two month's advance notice in the form prescribed in Schedule-II of such conversion, to the District Magistrate or any other officer not below the rank of Additional District Magistrate appointed for that purpose by the District Magistrate of the District where such ceremony is proposed to be performed.
- (3) The District Magistrate, after receiving the information under sub-section (1) or (2) shall display a proposal of religious conversion on the notice board of any of the office of the District Magistrate, Tehsildar, Gram Panchayat and in the office of the Local Self-Government as the case demands for calling objections. If any objections are received within sixty days, he shall get time bound inquiry conducted through any of the local area police, officials of Revenue Department or Social Justice and Empowerment Department, and officials of local self-government as the case demands with regard to genuine intention, purpose and cause of the proposed religious conversion, if situation so warrants. The above-mentioned authorities on its part shall conduct and conclude the said inquiry as directed by the District Magistrate preferably within a period of ten days from the receipt of such reference by District Magistrate or by any other person so appointed by him in that regard.
- (4) Contravention of sub-section (1) and/or sub-section (2) shall have the effect of rendering the proposed conversion, illegal and void.
- (5) Whoever contravenes the provisions of sub-section (1) shall be punished with imprisonment for a term which shall not be less than seven years but may extend to ten years and shall also be liable to fine which shall not be less than rupees three lakh.
- (6) Whoever contravenes the provisions of sub-section (2) shall be punished with imprisonment for a term which shall not be less than ten years but may extend to fourteen years and shall also be liable to fine which shall not be less than rupees five lakh.
9. Declaration post conversion of religion
- (1) The converted person shall appear in person to submit declaration in the form prescribed in Schedule-III within seventy two hours of the date of conversion, to the District Magistrate of the District in which converted person resides ordinarily.
- (2) The District Magistrate shall display religious conversion on the notice board of the office of the District Magistrate, Tehsildar, Gram Panchayat and in the office of the Local Self-Government and shall call for objections in such cases where no objections were called under section 8.
- (3) The said declaration shall contain the requisite details, i.e. the particulars of the converted person such as date of birth, permanent address, the present place of residence, father's/husband's name, the religion to which the converted person originally belonged and the religion to which the person has converted, the date and place of conversion and nature of process gone through for conversion along with a copy of the Photo Identity card and the Aadhar card.
- (4) The converted individual shall appear before the District Magistrate within ten days from the date of filling the declaration to establish his/her identity and confirm the contents of the declaration.
- (5) If any objections are received within thirty days, the District Magistrate shall record the name and particulars of objectors and the nature of objection and shall get an inquiry conducted through local area police, officials of Revenue Department or Social Justice and Empowerment Department, and officials of Local Self-Government with regard to genuine intention, purpose and cause of the conversion. If the District Magistrate based on the said inquiry comes to a conclusion of the commission of an offence under this Act, he shall cause the concerned police authorities to initiate criminal action for contravention of the provisions of the Act.
- (6) Certified copies of declaration, confirmation and the extracts from the register shall be furnished only to the parties, who gave the declaration.
- (7) The contravention of sub-sections (1) to (4) shall have the effect of rendering the said conversion illegal and void.
- (8) If no objections are received for such conversion, the District Magistrate shall record the factum of declaration and confirmation in a register maintained for this purpose. The District Magistrate shall issue an official notification and shall simultaneously intimate the concerned authority about it. Explanation.- For the purpose of this sub-section “concerned authority” means his employer, officials of the Revenue Department, Social Justice and Empowerment Department, Minority Affairs Department and other concerned department, Urban and Rural Local Bodies, Principals or Head Masters of the Educational Institutions, etc.
- (9) On receipt of such intimation the concerned authority shall cause to be entered in the relevant official records about conversion as well as reclassify the person converted for his entitlement to enjoy social status or to receive economic benefits from the State Government that he was getting prior to conversion.
- (10) If any objections or complaint regarding conversion are received even after the publication in official notification the District Magistrate shall review or reinvestigate the case after recording the reasons in writing.
10. Punishment for violation of provisions of the Act by an institution or organization
- (1) If any institution or organization violates the provisions of this Act, the person or persons in charge of the affairs of the organization or the institution, as the case may be, shall be subject to punishment as provided under section 5 and the registration of the organization or the institution under any law for the time being in force may be cancelled by the competent authority upon reference made by the District Magistrate in this regard.
- (2) The State Government shall not provide any financial aid or grant to such institution or organization violating the provisions of this Act.
- (3) If any Institution or organization is found violating any provisions of this Act, then the State Government or any other competent authority so appointed by it under the Act shall have the powers to cancel the registration or license of that institution or organization forever, to carry out any kind of activities within the geographical contours of the State of Rajasthan. Furthermore, the State Government or any other competent authority so appointed by it under the Act shall also have the powers to confiscate property of the institution or organization involved in religious conversion, freeze the financial accounts of such institution or organization and such institution or organization shall also be inflicted with the penalty of rupees one crore if found contravening the provisions of the Act.
11. Parties to offence
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,-
- (i) every person who actually does the act which constitutes the offence;
- (ii) every person who does or omits 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 person in committing the offence;
- (iv) any person who counsels, convinces or procures any other person to commit the offence.
12. Forfeiture and confiscation of property
Every such property or premises where the illegal exercise of conversion or mass conversion has taken place shall be liable to be forfeited and confiscated under the Act by the office of District Magistrate or by any other person so appointed in that regard by the State Government, after holding the inquiry.
13. Demolition of illegal construction
If there is/are any illegal/ unauthorized construction(s)/ structure on such property or premises where the illegal exercise of conversion or mass conversion has taken place, shall be liable to be demolished after upholding the inquiry by any gazetted officer appointed by the District Magistrate or the State Government in that regard. Explanation.-I No demolition shall be carried out without a prior show cause notice returnable either in accordance with the time provided by the local municipal laws or within fifteen days’ time from the date of service of such notice, whichever is later. II If such illegal/unauthorized construction(s)/structure in any public place such as road, street, footpath, abutting railway line or any river body or water bodies and also to cases where there is an order for demolition made by a Court of law, the demolition shall be carried out within seventy two hours after giving a show cause notice.
14. Burden of proof
The burden of proof as to whether a religious conversion was not effected through misrepresentation, misinformation, force, undue influence, coercion, propaganda, convincing, provocation, allurement, online solicitation or by any fraudulent means or by marriage, or pretext of marriage lies on the person who has caused the conversion and on the abettor who aids or abets such conversion.
15. Protection of action taken in good faith
No suit, prosecution, or other legal proceedings shall lie against any authority or officer or complainant for anything done in good faith or intended to be done, or purported to be done, or omitted to be done in pursuance of this Act, or any rule or order made thereunder.
16. Act to be in addition to any other law
The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force.
17. Power to make rules
- (1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
- (2) All rules made under this Act shall be laid, as soon as may be after they are so made, before the House of the State Legislature, while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which they are so laid, or of the session immediately following, the House of the State Legislature makes any modifications in any of such rules, or resolves that any such rule should not be made, such rules shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder.
- (3) Any modification so made under sub-section (2) shall be published in the Official Gazette, and shall thereupon take effect.
18. Power to remove difficulties
- (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it, to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after two years from the date of commencement of this Act.
- (2) Every order made under this section shall, as soon as may be after it is made, be laid before the Houses of the State Legislature.
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