The Gujarat Freedom of Religion Act, 2003

\\Ssd\F\SIS-10-WORK- 2021\H WORK ORDER\H-204 The Gujarat Freedom Of Religin Act-2003\H-204 Final 26-11-21.Docx 

 
 
 
 

GOVERNMENT OF GUJARAT 

 
 
 

LEGISLATIVE AND PARLIAMENTARY 
AFFAIRS DEPARTMENT 

 

 
 

THE GUJARAT FREEDOM OF RELIGION ACT, 
2003. 

 
 
 

(GUJARAT ACT NO.22 OF 2003) 

 
 
 

[As modified upto 30th November, 2021] 
 
 
 

[2021] 

  



 
 
 
 

GOVERNMENT OF GUJARAT 

 
 
 

LEGISLATIVE AND PARLIAMENTARY 
AFFAIRS DEPARTMENT 

 

 
 

THE GUJARAT FREEDOM OF RELIGION ACT, 
2003. 

 
 
 

(GUJARAT ACT NO.22 OF 2003) 

 
 
 

[As modified upto 30th November, 2021] 
 
 
 
 

[2021] 
G.C.P.G.-H-204-0-10-2021-SIS-10 



 

 

 





2003 : Guj.22] The Gujarat Freedom of Religion Act, 2003. 

 

   

 CONTENTS  

PREAMBLE 

Sections. 

 PAGE  

NO. 

1. Short title and Commencement. 1 

2. Definitions. 1 

3. Prohibition of forcible conversion. 1 

3A. Lodging of complaint. 2 

4. Punishment for contravention of provisions of section 3. 2 

4A. Punishment for contravention of provisions of section 3 in 

case of marriage by unlawful conversion. 

2 

4B. Marriage by unlawful conversion. 2 

4C. Offences by Institution or Organization. 2 

5. Prior Permission to be taken from District Magistrate with 

respect to conversion. 

3 

6. Prosecution to be made with the sanction of District 

Magistrate. 

3 

6A. Burden of proof. 3 

7. Offences to be cognizable and non-bailable 3 

8. Power to make rules. 3 

 

 

 

  



 

  



2003 : Guj.22] The Gujarat Freedom of Religion Act, 2003                   1 

 

 

GUJARAT ACT NO. 22 OF 2003 
 

The Gujarat Freedom of Religion Act, 2003*1 

 

[8th April, 2003.] 

 

Amended by Guj.17 of 2021. 

 

AN ACT 
 

to provide for freedom of religion by prohibition of conversion from one 

religion to another by the use of force or allurement or by  

fraudulent means and for the matters incidental thereto. 

 

It is hereby enacted in the Fifty-fourth Year of the Republic of India as 

follows: 

1. (1) This Act may be called the Gujarat Freedom of Religion Act, 2003.  

(2) It shall come into force on such date as the State Government may, by 

notification in the Official Gazette, appoint. 

2. In this Act, unless the context otherwise requires, - 

(a) "allurement" means offer of any temptation in the form of - 

(i) any gift or gratification, either in cash or kind; 

(ii) grant of any material benefit, either monetary or otherwise;  

2[(iii) better lifestyle, divine blessings or otherwise;] 

(b) "convert" means to make one person to renounce one religion and adopt 

another religion; 

(c) "force" includes a show of force or a threat of injury of any kind including 

threat of divine displeasure or social ex-communication; 

3[(d) "fraudulent means” includes misrepresentation or any fraudulent 

contrivance, impersonation by false name, surname, religious symbol or otherwise;] 

(e) “minor” means a person under eighteen years of age. 

3. No person shall convert or attempt to convert, either directly or otherwise, 

any person from one religion to another by use of force or by allurement 4[or by any 

fraudulent means or by marriage or by getting a person married or by aiding a 

person to get married nor] shall any person abet such conversion. 

                                                                                                                       
* This Act was assented by the Governor on the 7th April, 2003. 

1. For Statement of objects and Reasons, see Gujarat Government Gazette Extraordinary, Part V, dated 12th March, 2003, 

page No. 24-4. 

2. Sub-clause(iii) was added by Guj.17 of 2021, s.2(1). 

3. Clause(d) was substituted, ibid., s.2(2). 

4. These words were substituted for the words “or by any fraudulent means nor”, ibid., s.3. 

Short title and 

commencement. 

Definitions. 

Prohibition of 

forcible 

conversion. 



2 The Gujarat Freedom of Religion Act, 2003    [2003 : Guj.22 
 

1[3A. Any aggrieved person, his parents, brother, sister or any other person 

related by blood, marriage or adoption may lodge a first information report with the 

police station having jurisdiction; against the person for an offence committed 

under this Act.] 

4. 2[(1)] Whoever contravenes the provision of section 3 shall, without 

prejudice to any civil liability, be punished with imprisonment for a term, which 

may extend to three years and also be liable to fine, which may extend to rupees 

fifty thousand: 

Provided that whoever contravenes the provisions of section 3 in respect of a 

minor, a woman or a person belonging to Scheduled Caste or Scheduled Tribe shall 

be punished with imprisonment for a term which may extend to four years and also 

be liable to fine which may extend to rupees one lakh. 

3[(2) When an offence is committed under this Act, in addition to the person 

who actually does any act which constitutes the offence, each of the following shall 

be deemed to have taken part in committing the offence and shall be charged as if 

he has actually committed the said offence, namely:- 

(a) a person who does or omits to do any act for the purpose of enabling or 

aiding another person to commit the offence, 

(b) a person who aids, abets, counsels or convinces another person to commit 

the offence.] 

4[4A. Notwithstanding anything contained in section 4, whoever contravenes 

the provisions of section 3, insofar as conversion by marriage or by getting a person 

married or by aiding a person to get married is concerned, shall be punished with 

imprisonment which shall not be less than three years but which may extend to five 

years and shall also be liable to fine which shall not be less than two lakh rupees: 

Provided that if such contravention is done in respect of a minor, a woman or 

a person belonging to the Scheduled Castes or Scheduled Tribes, the person 

contravening such provision shall be punished with imprisonment which shall not 

be less than four years but which may extend to seven years and shall also be liable 

to fine which shall not be less than three lakh rupees. 

4B. Any marriage which is done for the purpose of unlawful-conversion by 

the person of one religion with the person of another religion, either by converting 

himself/herself before or after marriage, shall be declared void by the Family Court 

or where the Family Court is not established, by the Court having jurisdiction to try 

such cases. 

4C. (1) If an institution or an organization contravenes the provision of 

section 3, every person who, at the time the offence was committed, was in charge 

of, and was responsible to, such institution or organization shall be punished with 

imprisonment which shall not be less than three years but which may extend to ten 

years and shall also be liable to fine upto five lakh rupees.  

                                                                                                                       
1. Section 3A was inserted by Guj. 17 of 2021, s.4. 

2. Section 4 was renumbered as sub-section(1) of that section, ibid., s.5. 

3. Sub-section(2) was added, ibid. 
4. Sections 4A to 4C were inserted, ibid., s.6. 

Lodging of 

complaint. 

Punishment for 

contravention of 

provisions of 

section 3. 

Punishment for 

contravention of 

provisions of 

section 3 in case 

of marriage by 

unlawful 

conversion. 

Marriage by 

unlawful 

conversion. 

Offences by 

Institution or 

Organization. 



2003: Guj. 22] The Gujarat Freedom of Religion Act, 2003 3 
 

(2) From the date of filing a charge sheet, such institution or the organization 

shall not be entitled to any grant provided by the State Government.] 

5. (1) Whoever converts any person from one religion to another either by 

performing any ceremony by himself for such conversion as a religious priest or 

takes part directly or indirectly in such ceremony shall take prior permission for 

such proposed conversion from the District Magistrate concerned by applying in 

such form as may be prescribed by rules. 

(2) The person who is converted shall send an intimation to the District 

Magistrate of the District concerned in which the ceremony has taken place of the 

fact of such conversion within such period and in such form as may be prescribed 

by rules. 

(3) Whoever fails, without sufficient cause, to comply with the provisions of 

sub-sections (1) and (2) shall be punished with imprisonment for a term, which may 

extend to one year or with fine which may extend to rupees one thousand or with 

both.  

6. No prosecution for an offence under this Act shall be instituted except by 

or with the previous sanction of the District Magistrate or such other authority not 

below the rank of a Sub-Divisional Magistrate as may be authorised by him in that 

behalf. 

1[6A. 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 shall lie on the person who has caused the 

conversion and, where such conversion has been facilitated by any person by act, 

omission, aid, abetment or counselling, on such other person.] 

2[7. Notwithstanding anything contained in the Code of Criminal Procedure, 

1973, the offences under this Act shall be cognizable and non-bailable and shall not 

be investigated by an officer below the rank of a Deputy Superintendent of Police.] 

8. (1) The State Government may, by notification in the Official Gazette, 

make rules for carrying out the provisions of this Act. 

(2) All rules made under this section shall be laid for not less than thirty days 

before the State Legislature as soon as may be after they are made, and shall be 

subject to rescission by the State Legislature or to such modifications as the State 

Legislature may make during the session in which they are so laid or the session 

immediately following. 

(3) Any rescission or modification so made by the State Legislature shall be 

published in the Official Gazette, and shall thereupon take effect. 

 
                                                                                                                       
1. Section 6A was inserted by Guj. 17 of 2021, s.7 

2. Section 7 was substituted, ibid., s.8. 

---------- 

Prior permission 

to be taken from 

District 

Magistrate with 

respect to 

conversion. 

Prosecution to be 

made with the 

sanction of 

District 

Magistrate. 

Burden of  

proof. 

Offences to be 

cognizable and 

non-bailable. 

Power to make 

rules. 

2 of 1974.