Law Not Yet in Force, But FIRs Filed: Pune Police Face Questions Over Early Use of Conversion Act
Pune, 19th August 2026: The Pune city police have acknowledged that provisions of the Maharashtra Freedom of Religion Act, 2026 were invoked in two cases before the legislation was scheduled to come into effect.
The law was cited in an FIR registered by Phursungi police on August 5 against a man from Uttar Pradesh and in another case registered by Khadak police on August 9 against a UK national. The state government’s Gazette notification, however, states that the Act will come into force only from August 28, 2026.
The Home Department issued the commencement notification on August 17 under Section 1(2) of the legislation, formally fixing August 28 as the date of enforcement.
Senior police officers acknowledged the issue and said the relevant provisions would be removed from the FIRs.
UK national booked in Khadak case
The Khadak police had invoked the Act against Pankaj James Devnoor, a UK national and Overseas Citizen of India (OCI) card holder. The FIR was registered on August 9 in connection with a religious event allegedly held on August 7.
Assistant Commissioner of Police (Faraskhana Division) Sachin Hire said the police had subsequently become aware of the Gazette notification.
“We have come to know about the Gazette notification. The investigating officer will remove the provisions of the Maharashtra Freedom of Religion Act,” Hire said.
He added that the police were examining other legal provisions in relation to Devnoor.
“Since the accused is an OCI card holder, he cannot carry out missionary activities. We may charge him under the Immigration and Foreigners Act, 2025,” Hire said.
Lawyer cites constitutional protection
Devnoor’s lawyer, Vijay Thombre, questioned the legality of applying a law that was not yet in force when the alleged incident occurred.
The FIR registered on August 9 refers to an alleged religious event on August 7. According to Thombre, this means the alleged incident took place 21 days before the Act’s scheduled enforcement, while the FIR itself was registered 19 days before the law was to come into effect.
He referred to Article 20(1) of the Constitution, which provides protection against retrospective criminal punishment and states that a person cannot be convicted for an act that was not an offence under the law in force when it was committed.
Thombre also alleged that the police action had damaged Devnoor’s reputation and said he plans to initiate defamation proceedings in the Bombay High Court.
Similar issue in Phursungi FIR
In the other case, Phursungi police invoked the new legislation in an FIR registered on August 5 against a man from Uttar Pradesh.
The accused was alleged to have attempted to convert the religion of a minor girl and subjected her to sexual abuse.
The FIR was registered 23 days before the Maharashtra Freedom of Religion Act is scheduled to come into force.
Senior Inspector Amol More said the police would remove the provisions of the Act from the case.
The developments come after the state government formally notified August 28 as the commencement date for the Maharashtra Freedom of Religion Act, 2026, raising questions over the premature use of its provisions in criminal cases registered earlier.
