The Child Marriage Restraint Act

The Child Marriage Restraint Act, 1929

[Act No. 19 of 1929]
[1st October 1929]

1. PREAMBLE
An Act to restrain the solemnization of child marriages. Whereas it is expedient to restrain the solemnization of child marriages; It is hereby enacted as follows: 1. E tended to the !nion territor" of #ondicherr" $ith the follo$ing notifications b" Act 2% of 19%&, sec. ' and (ch., #t. )* )n section 1, after s+b,section -2., insert*, /#ro0ided that nothing contained in this Act shall a11l" to the Renoncants of the !nion territor" of #ondicherr"./ 2. This Act has been s+11le2ented in Assa2 b" Assa2 Act 23 of 194&, sec. 45.

2. Definitions.
In this Act, unless there is anything repugnant in the sub ect or context, !"a# $%hild$ means a person who, if a male, has not completed twenty one years of age, and if a female, has not completed eighteen years of age;& "b# $%hild marriage$ means a marriage to which either of the contracting parties is a child; "c# $%ontracting party$ to a marriage means either of the parties whose marriage is 2!or is about to be& thereby solemnized; and "d# $'inor$ means a person of either sex who is under eighteen years of age,
1. (+bs. b" Act 2 of 193&, sec. 2 -$.e.f. 2nd October, 193& .. 2. (+bs. b" Act 19 of 19'&, sec. 2

The Child Marriage Restraint Act

3. Punishment for male adult below twenty-one years of a e marryin a !hild.

Whoe(er, being a male abo(e eighteen years of age and below twenty-one, contracts a child marriage !shall be punishable with simple imprisonment which may extend to fifteen days, or with fine which may extend to one thousand rupees, or with both.&
1. (+bs. b" Act 41 of 1949, sec. ' for /shall be 1+nishable $ith fine $hich 2a" e tend to one tho+sand r+1ees/.

". Punishment for male adult abo#e twenty-one years of a e marryin a !hild.
Whoe(er, being a male abo(e twenty-one years of age, contracts a child marriage shall be punishable with !simple imprisonment which may extend to three months and shall also be liable to fine.&
1. (+bs. b" Act 41 of 1949, sec. 4, for /si21le i21rison2ent $hich 2a" e tend to one 2onth, or $ith fine $hich 2a" e tend to one tho+sand r+1ees, or $ith both /.

$. Punishment for solemni%in a !hild marria e.

Whoe(er performs, conducts or directs any child marriage shall be punishable with !simple imprisonment which may extend to three months and shall also be liable to fine&, unless he pro(es that he had reason to belie(e that the marriage was not a child marriage. 1. (+bs. b" Act 41 of 1949, sec. 4, for /si21le i21rison2ent $hich 2a" e tend to one 2onth, or $ith fine $hich 2a" e tend to one tho+sand r+1ees, or $ith both/.

The Child Marriage Restraint Act

&. Punishment for 'arent or uardian !on!erned in a !hild marria e.
")# Where a minor contracts a child marriage, any person ha(ing charge of the minor, whether as parent or guardian or in any other capacity, lawful or unlawful, who does any act to promote the marriage or permits it to be solemnized, or negligently fails to pre(ent it from being solemnized, shall be punishable with 1!simple imprisonment which may extend to three months and shall also be liable to fine&: *ro(ided that no woman shall be punishable with imprisonment. "+# ,or the purposes of this section, it shall be presumed, unless and until the contrary is pro(ed, that where a minor has contracted a child marriage, the person ha(ing charge of such minor has negligently failed to pre(ent the marriage from being solemnized.
1. (+bs. b" Act 41 of 1949, sec. 4, for /si21le i21rison2ent $hich 2a" e tend to one 2onth, or $ith fine $hich 2a" e tend to one tho+sand r+1ees, or $ith both/.

(. )ffen!es to be !o ni%able for !ertain 'ur'oses.

1!-. .ffences to be cognizable for certain purposes. /he %ode of %riminal *rocedure, )0-1 "+ of )0-2#, shall apply to offences under this Act as if they were cognizable offences"a# ,or the purpose of in(estigation of such offences; and "b# ,or the purposes of matters other than "i# matters referred to in 3ection 2+ of that %ode, and "ii# the arrest of a person without a warrant or without an order of a 'agistrate.&
1. (+b. b" Act No. 2 of 193&, sec. ' -$.e.f. 2,16,193& ..

*. +urisdi!tion under this A!t.

4otwithstanding anything contained in 3ection )05 of the 1!%ode of %riminal *rocedure,
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The Child Marriage Restraint Act

)0-1 "+ of )0-2#,& no %ourt other than that of a 2!'etropolitan 'agistrate or a 6udicial '!'agistrate of the first class&& shall ta7e cognizance of, or try, any offence under this Act.
1. (+bs. for the $ords /Code of Cri2inal #roced+re, 1&9&/ b" Act No. 2 of 193&, sec. 4 -$.e.f 2, 16,193& . 2. (+bs. b" Act No. 2 of 193&, sec. 4 for certain $ords. '. (+bs. b" Act 19 of 19'&, sec. ', for /7istrict Magistrate/.

,. Mode of ta-in !o ni%an!e of offen!es.

1!0. 'ode of ta7ing cognizance of offences. 4o %ourt shall ta7e cognizance of any offence under this Act after the expiry of one year from the date on which the offence is alleged to ha(e been committed.&
1. (+bs. b" Act 19 of 19'&, sec. 4, for the original section.

1.. Preliminary in/uiries into offen!es.

1!)5. *reliminary in8uiries into offences. Any %ourt, on receipt of a complaint of an offence of which it is authorised to ta7e cognizance, shall, unless it dismisses the complaint under 3ection +51 of the 2!Code of Cri2inal #roced+re, 193' "+ of )0-2#& either itself ma7e an in8uiry under 3ection +5+ of that %ode or direct a 'agistrate subordinate to it to ma7e such in8uiry.
1. (+bs. b" Act 41 of 1949, sec. % for the original section. 2. (+bs. or the $ords /Code of Cri2inal #roced+re, 1&9&/, b" Act No. 2 of 193&, sec. 5.

(TATE AMEN7MENT

The Child Marriage Restraint Act

8+9arat
In its application to the 3tate of 9u arat, 3ection )5 is deleted. !"9u arat Act II of )0:2#

11. Power to ta-e se!urity from 0om'lainant.

;epealed by the %hild 'arriage ;estraint "Amendment# Act, )020 "2) of )020#, sec. -.

12. Power to issue in1un!tion 'rohibitin marria e in !ontra#ention of this A!t.

")# 4otwithstanding anything to the contrary contained in this Act, the %ourt may, if satisfied from information laid before it through a complaint or otherwise that a child marriage in contra(ention of this Act has been arranged or is about to be solemnized, issue an in unction against any of the persons mentioned in 3ections 1, 2, < and : of this Act prohibiting such marriage . "+# 4o in unction under sub-section ")# shall be issued against any person unless the %ourt has pre(iously gi(en notice to such person, and has afforded him an .pportunity to show cause against the issue of the in unction. "1# /he %ourt may either on its own motion or on the application of any person aggrie(ed rescinds or alters any order made under sub-section ")#. "2# Where such an application is recei(ed, the %ourt shall afford the applicant an early opportunity of appearing before it either in person or by pleader; and if the %ourt re ects the application wholly or in part, it shall record in writing its reasons for so doing. "<# Whoe(er 7nowing that an in unction has been issued against him under subsection ")# of this section disobeys such in unction shall be punished with imprisonment of either
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The Child Marriage Restraint Act

description for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both: *ro(ided that no woman shall be punishable with imprisonment.&
1. )ns. b" Act 19 of 19'&, sec. %.

(TATE AMEN7MENT
9u arat
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The Child Marriage Restraint Act

After 3ection )+ the following sections added namely:$)1 %hild 'arriage *re(ention .fficers. ")# /he 3tate 9o(ernment may, by notification in the official 9azette, appoint for the whole 3tate or for such part thereof as may be specified in that notification an officer to be 7nown as %hild 'arriage *re(ention .fficer. "+# It shall be the duty of the %hild 'arriage *re(ention .fficer, "i# /o pre(ent marriages being performed in contra(ention of the pro(isions of this Act by ta7ing such action under this Act as he deems fit; "ii# /o collect e(idence for the effecti(e prosecutions of persons contra(enting pro(isions of this Act; and "iii# /o discharge such other functions as may be assigned to him by the 3tate 9o(ernment. "1# /he 3tate 9o(ernment may, by notification in the official 9azette, in(ested the %hild 'arriage *re(ention .fficer with such powers of a *olice .fficer as may be specified in the notification and the %hild 'arriage *re(ention .fficer shall exercise his powers sub ect to such limitations and conditions as may be specified in the notification. "2# /he 3tate 9o(ernment may associate with each %hild 'arriage *re(ention .fficer a nonofficial ad(isory body consisting of not more than fi(e social welfare wor7ers, of whom at least two shall be women wor7ers 7nown in the area within the urisdiction of the officer for the purposes of ad(ising and assisting him in the performance of his functions under this Act, "<# /he terms and conditions of appointment of persons on the ad(isory body shall be such as may be prescribed by rules.$ $)1-A. .fficer appointed under the Act to be public ser(ant. /he %hild 'arriage *re(ention .fficer appointed under 3ection )1 shall be deemed to be a public ser(ant within the meaning of 3ection +) of the Indian *enal %ode.$ )1-=. *rotection of action ta7en in good faith. 4o suit, prosecution or other legal proceeding shall lie against the %hild 'arriage *re(ention .fficer appointed under this Act in respect of anything in good faith done or intended, to be done in pursuance of this act or of any rules or orders made thereunder.$ $)2. *ower to ma7e rules. ")# /he 3tate 9o(ernment may, by notification in the official 9azette, ma7e rules, for the
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The Child Marriage Restraint Act

purposes of carrying out the pro(isions of this Act. "+# In particular and without pre udice to the generality of the foregoing pro(ision, such rules may pro(ide for all matters expressly re8uired or allowed by this Act to be prescribed by rules. "1# /he power to ma7e rules conferred by this section is sub ect to the condition of the rules being made after pre(ious publication. "2# All rules made under this section shall be laid for not less than thirty days before the 3tate >egislature as soon as possible after they are made, and shall be sub ect to rescission by the 3tate >egislature or to such modifications as the 3tate >egislature may ma7e during the session in which they are so laid or the session immediately following. "<# Any rescission or modification so made by the 3tate >egislature shall be published in the official 9azette and shall thereupon ta7e effect.$ [- 8+9arat Act )) of 19%4 and 4 of 193']

Child Marriage
More than half of the entire worlds women aged 2024 years old who were married or in union by age 18 live in South Asia, Sub Saharan Afri!a !omes se!ond with "# $er!ent of !hildren getting married before
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The Child Marriage Restraint Act

turning 18% More than one in three women in the world who were married as !hildren are from &ndia% 'es$ite its $rohibition by law in most !ountries of South Asia, !hild marriage tends to be $er$etuated by !ustom and religious $ra!ti!e( !onse)uently, the $rohibitions against it are harder to enfor!e% *hildren in &ndia, +e$al and ,a-istan may be betrothed or even married well before they are 10 years old% *hild marriage is more li-ely to affe!t girls, but in &ndia and +e$al, the rate of !hild marriage involving boys is 10 $er !ent or higher%