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THE CHILD MARRIAGE RESTRAINT ACT, 1929
ACT No. 19 OF 1929 1*
[1st October, 1929.]
An Act to restrain the solemnisation of child marriages.
WHEREAS it is expedient to restrain the solemnisation of child
marriages; It is hereby enacted as follows:-
1.
Short title, extent and commencement.
1. Short title, extent and commencement.-(1) This Act may be
called the Child Marriage Restraint Act, 2*[1929].
3*[(2) It extends to the whole of India 4*[except the State of
Jammu and Kashmir]; and it applies also to all citizens of India
without and beyond India:]
5*[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.
2. Definitions.-In this Act, unless there is anything repugnant
in the subject or context,-
6 *[(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 7*[or is about to be] thereby
solemnised; and
(d) "minor" means a person of either sex who is under
eighteen years of age.
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1 This Act has been supplemented in Assam by Assam Act 27 of
1948, s. 45.
This Act has been extended to and brought into force in Dadra and
Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and Sch. I;
Extended to Goa, Daman and Diu by Reg. 11 of 1963, s.3 and Sch. and
to Laccadive, Minicoy and Amindivi Islands (w.e.f. 1-10-1967): by
Reg. 8 of 1965, s. 3 and Sch.
2 Subs. by Act 8 of 1930, s. 2 and Sch. I, for "1928".
3 Subs. by the A. O. 1950, for the former sub-section.
4 Subs. by Act 3 of 1951, for "except Part B States".
5 Ins. by Act 26 of 1968, s. 3 and Sch.
6 Subs. by Act 2 of 1978, s. 2, for cl. (a) (w.e.f. 1-10-1978).
7 Ins. by Act 19 of 1938, s. 2.
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652
3.
Punishment for male adult below twenty-one years of age marrying a
child.
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 1*[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.
4. Punishment for male adult above twenty-one years of age
marrying a child. Whoever, being a male above twenty-one years of age
contracts a child marriage shall be punishable with 2*[simple
imprisonment which may extend to three months and shall also be
liable to fine].
5.
Punishment for solemnising a child marriage.
5. Punishment for solemnising a child marriage.-Whoever performs,
conducts or directs any child marriage shall be punishable with
with 2*[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.
6.
Punishment for parent or guardian concerned in a child marriage.
6. Punishment for parent or guardian concerned in a child
marriage.-(1) Where a minor contracts a child marriage, any person
having 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 solemnised, or negligently fails to
prevent it from being solemnised, shall be punishable with 2 *[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 solemnised.
7.
Offences to be cognizable for certain purposes.
3*[7. 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 matters 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.]
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1 Subs. by Act 41 of 1949, s. 3, for " shall be punishable with
fine which may extend to one thousand rupees".
2 Subs. by s. 4, ibid., for "simple imprisonment which may
extend to one month, or with fine which may extend to one thousand
rupees, or with both".
3 Ins. by Act 2 of 1978 s. 3 (w.e.f. 1-10-1978)
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653
8.
Jurisdiction under this Act.
8. Jurisdiction under this Act.-Notwithstanding anything
contained in section 190 of the 1*[Code of Criminal Procedure, 1973 (2
of 1974),] no Court other than that of a 1*[Metropolitan Magistrate or
a Judicial Magistrate of the first class] shall take cognizance of, or
try, any offence under this Act.
9.
Mode of taking cognizance of offences.
2*[9. 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.]
10.
Preliminary inquires into offences.
3*[10. Preliminary inquires into offences.-Any Court, on receipt
of a complaint of an offence of which it is authorised to take
cognizance, shall, unless it dismisses the complaint under section 203
of the 4*[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.]
11.
Power to take security from complainant.
11. [Power to take security from complainant.] Rep. by the Child
Marriage Restraint (Amendment) Act, 1949 (41 of 1949), s. 7.
12.
Power to issue injunction prohibiting marriage in contravention of
this Act.
5*[12. 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
about to be solemnised, 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
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1 Subs. by Act 2 of 1978, s. 4, for certain words (w.e.f.
1-10-1978).
2 Subs. by Act 19 of 1938, s.4 for the original section.
3 subs. by Act 41 of 1949, S. 6, for the original section.
4 Subs. by Act 2 of 1978, s. 5, for certain words (w.e.f.
1-10-1978).
5 Ins. by Act 19 of 1938, s. 6.
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654
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.]
URL: http://indiacode.nic.in/fullact1.asp?tfnm=192919 |
