Charges Framed Under Madhya Pradesh Freedom of Religion Act, 2021 and Bharatiya Nyaya Sanhita, 2023 Despite Procedural Non-Compliance
In a significant ruling, the Madhya Pradesh High Court, Indore Bench, has upheld the charges against individuals accused of attempting to convert villagers through inducement, under the Madhya Pradesh Freedom of Religion Act, 2021, and the Bharatiya Nyaya Sanhita, 2023. The judgment, delivered by Mr. Justice Gajendra Singh on June 29, 2026, dismissed a criminal revision petition challenging the framing of charges against the accused.
The case emanated from a complaint lodged by Gajraj Singh from Dewas, alleging that certain individuals were enticing villagers to convert to Christianity by promising benefits such as free medical treatment, quality education, and monetary incentives. Consequently, charges were framed against the petitioners, Jagram, Manju Singh, and Kiran, among others, under Sections 3 and 5 of the Madhya Pradesh Freedom of Religion Act, 2021.
The petitioners contended that the charges were invalid due to non-compliance with procedural requirements under Sections 4 and 10 of the Act. However, the Court clarified that such non-compliance does not invalidate the charges under Sections 3 and 5. The Court emphasized that prima facie evidence of "allurement" was sufficient for framing charges.
Furthermore, the Court reiterated the scope of its power under Section 227 of the Criminal Procedure Code and Section 250 of the Bharatiya Nyaya Sanhita, 2023, emphasizing that the stage of framing charges is not akin to a mini-trial, and the court is not to evaluate the probative value of evidence at this juncture. The Court found that the material on record disclosed sufficient grounds to proceed against the accused.
The decision draws upon precedents, including the Supreme Court's rulings in P. Vijayan v. State of Kerala and Sajjan Kumar v. CBI, which outline the principles for discharge and framing of charges. The Court concluded that the evidence presented was sufficient to establish a prima facie case of inducement to religious conversion.
The ruling underscores the judiciary's approach to handling cases under the Freedom of Religion Act and reinforces the notion that procedural lapses do not necessarily negate the substance of allegations when prima facie evidence exists.
Bottom line:-
Framing of charges under the Madhya Pradesh Freedom of Religion Act, 2021 and Bharatiya Nyaya Sanhita, 2023 must be based on prima facie evidence. Non-compliance with procedural requirements under Section 4 or Section 10 of the Act, 2021 does not necessarily invalidate charges under Sections 3 and 5 of the Act, 2021.
Statutory provision(s): Sections 3, 5, 10 of Madhya Pradesh Freedom of Religion Act, 2021; Section 61(2) of Bharatiya Nyaya Sanhita, 2023; Sections 227, 401 of the Code of Criminal Procedure, 1973.
