THE CHILD
MARRIAGE RESTRAINT ACT, 1929
[Act
No.19 of 1929]
1st
October, 1929]
Arrangement
of Sections
Sections
1.
Short title, extent and commencement
2.
Definitions
3.
Punishment for male adult below twenty-one years of age
marring a child.
4.
Punishment for male adult above twenty-one years of age
carrying a child.
5.
Punishment for solemnizing a child marriage
6.
Punishment for parent or guardian concerned in a child
marriage.
7.
Offences to be cognizable for certain purposes.
8.
Jurisdiction under this Act.
9.
Mode of taking cognizance of offences.
10.
Preliminary inquiries into offences.
11.
[Repealed]
12.
Power to issue injunction prohibiting marriage in
contravention of this Act.
THE CHILD
MARRIAGE RESTRAINT ACT, 1929
[Act
No.19 of 1929]
1st
October, 1929]
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:-
Statement
of Objects and Reasons
Act 2 of
1978- “The Child Marriage Restraint Act, 1929, was enacted
with a view to prevent child marriages, namely, a marriage to which either of
the contracting parties is under a specified age. Originally, the age limit for
a male was eighteen years and for a female fourteen years. The age limit was
subsequently raised in the case of females from fourteen to fifteen by the
Amending Act 41 of 1949. Violation of the provisions of the Act is made
punishable.
2. The
question of increasing the minimum age of marriage for males and females has
been considered in the present context when there is an urgent need to check
the growth of population in the country. Such increase of the minimum age of
marriage will result in the lowering the total fertility rate on account of
latter span of married life. It will also result in more responsible parenthood
and in better health of the mother and child. A Bill introduced for this
purpose in the Lok Sabha on 25th August, 1976, lapsed with
dissolution of the Lok Sabha on 18th January, 1977. The matter has
been examined in all its aspects again.
3. The
Bill seeks to amend the Child Marriage Restraint Act, 1929, to increase the
minimum age of marriage from fifteen to sixteen for females and from eighteen
to twenty one for males and to make consequential amendments in the Hindu
Marriage Act, 1955, and the Indian Christian Marriage Act, 1872. It is also
being provided that offences under the Child Marriage Restraint Act may be
investigated upon by a police officer under the Code f Criminal Procedure as if
it were a cognizable offence. The police officer shall, however, not have the
power t arrest, without a warrant or an order of a Magistrate”.- [Gaz. Of
India, 15.12.1977, Pt.II.S.2, Extra.,p.882.]
1. Short
title, extent and commencement.- (1) This Act may be called the Child
Marriage Restraint Act, [1929].
(2) It
extends to the whole of India [except the State of Jammu and Kashmir] and it
applies also to all citizens of India without and beyond India]:
[Provided
that nothing contained in this Act shall apply to the Renoncants of the Union
territory of Pondicherry.]
(3) It
shall come into force on the 1st day of April, 1930.
2. Definitions.-
In this Act, unless there is anything repugnant in the subject of context,-
(a)
“child” 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) “child
marriage” means a marriage to which either of the contracting parties is a
child;
(c) “contracting
party” to a marriage means either of the parties whose marriage is [or is
about to be] thereby solemnized; and
(d)”minor”
means a person of either sex who is under eighteen years of age.
3. Punishment
for male adult below twenty-one years of age marrying a child.- Whoever,
being a male above 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.]
4. Punishment
for male adult above twenty-one years of age marrying a child.- Whoever,
being a male above eighteen 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.]
- Punishment for solemnizing a child marriage.-
Whoever 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 proves that he had reason to
believe that the marriage was not a child marriage.
- Punishment for parent or guardian concerned in
a child marriage.- (1) Where a minor contracts a child marriage,
any person having charge f 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, shall be punishable with [simple imprisonment which may extend
to three months and shall also be liable to fine]:
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 has contracted a child marriage, the
person having charge of such minor has negligently failed to prevent the
marriage from being solemnized.
- Offences to be cognizable for certain purposes.-
The Code of Criminal Procedure, 1973 (2 of 1974), shall apply to offences
under this Act as if they were cognizable offences-
(a) for the
purpose of investigation of such offences; and
(b) for the
purposes of matter other than (i) matters referred to in section 42 of that
code, and (ii) the arrest of a person without a warrant or without an order of
a Magistrate.]
- Jurisdiction under this Act.-
Notwithstanding anything contained in section 190 of the [Code of Criminal
Procedure, 1973 (2 0f 1974), no Court other than that of a [Metropolitan
Magistrate or a Judicial Magistrate of the first class shall take
cognizance of, or try, any offence under this Act.
- Mode of taking cognizance of offences.- No
Court shall take cognizance of any offence under this Act after the expiry
of one year from the date on which the offence is alleged to have been
committed.]
- Preliminary inquiries into offences.-
Any Court, on receipt of complaint of an offence of which it is authorized
to take cognizance, shall, unless it dismisses the complaint under section
203 of the [Code of Criminal Procedure, 1973 (2 of 1974) either itself
make an inquiry under section 202 of that Code or direct a Magistrate
subordinate to it to make such inquiry.]
State
Amendment-[Gujarat].- In its application to the State of Gujarat, S. 10
to be omitted- [Guj.Act 11 of 1964, S.3,dt. 15.7.1964.]
- Power to take security from complainant.-
[Repealed by the Child Marriage Restraint (Amendment ) Act, 1949 (41 of
1948), S.7.]
- Power to issue injunction prohibiting marriage
in contravention of this Act.-
(1) Notwithstanding anything to the contrary contained in this Act, the
Court may, if satisfied from information laid before it through a
complaint or otherwise that a child marriage in contravention of this Act
has been arranged or is a about to be solemnized, issue an injunction
against any of the persons mentioned in sections 3,4,5 and 6 of this Act
prohibiting such marriage.
(2) No
injunction under sub-section (1) shall be issued against any person unless the
Court has previously given notice to such person, and has afforded him an
opportunity to show cause against the issue of the injunction.
(3) The
Court may either on its own motion or on the application of any person
aggrieved rescind or alter any order made under sub-section (1).
(4)
Where such an application is received, the Court shall afford the applicant an
early opportunity of appearing before it either in person or by pleader; and if
the Court rejects the application wholly or in
part, it shall record in writing its reasons, for so doing.
(5)
Whoever knowing that an injunction has been issued against him under
sub-section (1) of this section disobeys such injunction shall be punished with
imprisonment of either description for a term which may extend to three months,
or with fine which may extend to one
thousand rupees, or with both:
Provided
that no woman shall be punishable with imprisonment.]
State Amendment-[Gujarat].- After
Section 12, the following Sections added by Guj.Act 11 of 1964, S.4.
- Child Marriage Prevention Officers.-
(1) The State Government may, by notification in the Official Gazette,
appoint for the whole state or for such part thereof as may be specified
in that notification an officer to be knows as Child Marriage Prevention
Officer.
(2) It shall be the duty of the Child Marriage Prevention Officer-
(i) to prevent marriages being performed in contravention of the
provisions of this Act by taking such action under this Act as he deems fit;
(ii) to collect evidence for the effective prosecutions of persons
contravening provisions of this Act; and
(iii) to discharge such other functions as may be assigned to him by
the State Government.
(3) The State Government may, by
notification in the Official Gazette, invest the Child Marriage Prevention
Officer with such powers of a Police Officer as may be specified in the
notification and the Child Marriage Prevention Officer shall exercise his
powers subject to such limitations and conditions as may be specified in the
notification.
(4) The State Government may
associate with each Child Marriage Prevention Officer a non-official advisory
body consisting of not more than five social welfare workers, of whom at least
two shall be women workers known in the area within the jurisdiction of the
Officer for the purposes of advising and assisting him in the performance of
his functions under this Act.
(5) The terms and conditions of
appointment of persons on the advisory body shall be such as may be prescribed
by rules.- [Gujarat Act 11 of 1964, S.4 (15.7.1964).]
13A. Officer appointed under
the Act to be public servant.- Child Marriage Prevention Officer appointed
under section 13 shall be deemed to be a public servant within the meaning of
section 21 of the Indian Penal Code.
13B. Protection of action taken
in good faith.- No suit, prosecution or other legal proceeding
shall lie against the Child Marriage Prevention Officer 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”.- [Gujarat Act
4 of 1973, S.2 (8.2.1973).]
- Power to make rules.-
(1) The State Government may, by notification in the Official Gazette,
make rules, for the purposes of carrying out of the provisions of this
Act.
(2) In particular and without
prejudice to the generality of the foregoing provision, such rules may provide
for all matters expressly required or allowed by this Act to be prescribed by
rules.
(3) The power to make rules
conferred by this section is subject to the condition of the rules being made
after previous publication.
(4) All rules made under this section shall be laid for
not less than thirty days before the State Legislature as soon as possible
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.
(5) Any rescission or
modification so made by the State Legislature shall be punished in the Official
Gazette and shall thereupon take effect.-
[Gujarat Act 4 of 1973, S.2 (15.7.1964).]
