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CHILD MARRIAGE RESTRAINT ACT, 1929 [REPEALED]

Ministry of Law and Justice

Act nº 19 of 1929


  • Act nº 19 of 1929

Preamble

THE CHILD MARRIAGE RESTRAINT ACT, 1929

[Act, No. 19 of 1929]1

[1st October, 1929]

PREAMBLE

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. This Act has been supplemented in Assam by Assam Act 27 of 1948, Section 45.


Section 1. Short title, extent and commencement

(1) This Act may be called the Child Marriage Restraint Act,1[1929],

2[(2) It extends to the whole of India3[except the State of Jammu and Kashmir]; and it applies also to all citizens of India without and beyond India.]

(3) It shall come into force on the 1st day of April, 1930.

1. Substituted by Act 8 of 1930, Section 2 and Schedule 1, for "1928".

2. Substituted by A.O. 1950, for the former sub-section.

3. Substituted by Act 3 of 1951 Section 3 and Schedule, for "except Part BStates"


Section 2. Definitions

In this Act, unless there is anything repugnant in the subject or context.--

1[(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 is2[or is about to be] thereby, solemnised; and

(d) "minor" means a person of either sex who is under eighteen years of age.

1. Substituted by Act 3 of 1978, Section 2 (w.e.f. 2-10-1978).

2. Substituted by Act 19 of 1938, Section 2.


Section 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 marriage1[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. Substituted by Act 41 of 1949, Section 3 for "shall be punishable with fine which may extend to one thousand rupees".


Section 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 with1[simple imprisonment which may extend to three months and shall also be liable to fine].

1. Substituted by Act 41 of 1949, Section 4, for "simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both".


Section 5. Punishment for solemnising a child marriage

Whoever performs, conducts or directs any child marriage shall be punishable with1[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.

1. Substituted by Act 41 of 1949, Section 4, for "simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both".


Section 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 with1[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.

1. Substituted by Act 41 of 1949, Section 4, for "simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both".


Section 7. Offences to be cognizable for certain purposes

1[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.]

1. Inserted by Act 2 of 1978, Section 3 (w.e.f. 2-10-1978).


Section 8. Jurisdiction under this Act

Notwithstanding anything contained in section 190 of the1[Code of Criminal Procedure, 1973 (2 of 1974),] no court other than that of a2[Metropolitan Magistrate or a Judicial3[Magistrate of the first class]] shall take cognizance of, or try, any offence under this Act.

1. Substituted by Act 2 of 1978, Section 4, for the words "Code of Criminal Procedure, 1898".

2. Substituted by Act 2 of 1978, Section 4 for certain words.

3. Substituted by Act 19 of 1938, Section 3, for "District Magistrate".


Section 9. Mode of taking cognizance of offences

1[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.]

1. Substituted by Act 19 of 1938, Section 4, for the original section.


Section 10. Preliminary inquiries into offences

1[10. Preliminary inquiries 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 the2[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.]

1. Substituted by Act 41 of 1949, Section 6 for the original section.

2. Substituted by Act 2 of 1978, Section 5 for the words "Code of Criminal Procedure, 1898".


Section 11. Power to take security from complainant

[Repealed by the Child Marriage Restraint (Amendment) Act, 1949 (41 of 1949). Section 7.]

Section 12. Power to issue injunction prohibiting marriage in contravention of this Act

1[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 sub­section (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.]

1. Inserted by Act 19 of 1938, Section 6.