The Jammu and Kashmir Buddhist's Polyandrous Marriages Prohibition Act, 1941

(1) This Act may be cited as the 'Budhists' Polyandrous Marriages Prohibition Act, 1998. (2) It extends to the whole of the Jammu and Kashrnir State and applies to all Budhist subjects of His Highness the Maharaja Bahadur in or outside the State.

In this Act, unless there is anything repugnant in the subject or context,- (a) "Budhist" means a person who professes the Budhid faith or religion ; (b) "polyandrous marriage" means a marriage-in whi& all the brothers in a family jointly marry a single wife ; - .- - - "ai (c) "Phursak" means a husband chosen as such by a woman who is already married with the concurrence of her formerly wedded husband or husbands ; (d) "contracting party to a marriage" means either of the parties whose marriage is or is about to be solemnbed; and

Any Rudhisf. of or above the ace of eipllteen years, who. after the commencement of, this Act, contracts a polvandrous marriage or keeps or abets thb keeping of a phursak shall be lsunishable with imnrisonment of either description for a term which mav extend to three gears, @r with fine which may extend to five hundred rupees, or with bo*.

Whoever performs, conducts or directs any polyandrous marriage shall be punishable with imprisonment of either description for a term which may extend to one year, or with fine which may extend to two hundred rupees, or with both.

(1) Where a minor contracts a polyandrous marriage, any person having charge of such minor whether as parent or guardian or in any other capacity, 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 imprisonment of either description for a term which may extend to three years, or with fine which may extend to five hundred rupees or with both. (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 polyandrous marriage, the person having charge of such minor has negligently failed to prevent the marriage from being solemnised.

Notwithstanding anything contained in sections 3, 4 and 5, no woman shall be punishable with imprisonment.

Any polyandrous marriage contracted or solemnised after the enforcement of this Act shall be void.

Notwithstanding anything contained in the Code of Criminal Procedure, all offences under this Act shall be cognizable and bailable and shall be triable by any Criminal Court not below that of a Judicial Magistrate of the first class.