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Child Marriage



THE CHILD MARRIAGE RESTRAINT ACT, 1929

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  • An Act to restrain the solemnisation of child marriage.

THE PROHIBITION OF CHILD MARRIAGE ACT, 2006

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  • An Act to provide for the prohibition of solemnisation of child marriages and for matters connected therewith or incidental thereto.

Punishment:-

1. Punishment for male adult marrying a child.

(Section 9, The Prohibition of Child Marriage Act,2006.)

Whoever, being a male adult above eighteen years of age, contracts a child marriage shall be punishable with rigorous imprisonment which may extend to two years or with fine which may extend to one lakh rupees or with both.

2. Punishment for solemnising a child marriage.

(Section 10, The Prohibition of Child Marriage Act,2006.)

Whoever performs, conducts, directs or abets any child marriage shall be punishable with rigorous imprisonment which may extend to two years and shall be liable to fine which may extend to one lakh rupees unless he proves that he had reasons to believe that the marriage was not a child marriage.

3. Punishment for promoting or permitting solemnisation of child marriages.

(Section 11, The Prohibition of Child Marriage Act,2006.)

(1)   Where a child contracts a child marriage, any person having charge of the child, whether as parent or guardian or any other person or in any other capacity, lawful or unlawful, including any member of an organisation or association of persons who does any act to promote the marriage or permits it to be solemnised, or negligently fails to prevent it from being solemnised, including attending or participating in a child marriage shall be punishable with rigorous imprisonment which may extend to two years and shall also be liable to fine which may extend up to one lakh rupees;

Provided that no woman shall be punishable with imprisonment.

(2)   For the purposes of this section, it shall be presumed, unless and until the contrary is proved, that where a minor child has contracted a marriage, the person having charge of such minor child has negligently failed to prevent the marriage from being solemnised.