The Karnataka Freedom of Choice in Marriage and Prevention and Prohibition of Crimes in the name of Honour and Tradition (Eva Nammava Eva Nammava) Act, 2026

(1) This Act may be called the Karnataka Freedom of Choice in Marriage and Prevention and Prohibition of Crimes in the name of Honour and Tradition (Eva Nammava Eva Nammava)Act, 2026. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

(1) In this Act, unless the context otherwise requires,- (a) "Inter-caste marriage" means a marriage between persons belonging to two different castes or sub-castes; (b) “Social and economic boycott” includes all such acts as are calculated to lead to the boycott or enforcement of social or economic sanctions and includes the following acts, namely:- (i) bringing pressure on the couple or their families or relatives to leave the village or area of residence concerned; (ii) a refusal to permit a person to render to other person or receive from him any customary service or to abstain from social relations that one will maintain with other person or to isolate him from others; (iii) indulging in any conduct which will impede or is likely to impede, access to markers, community facilities, placed of worship or any other necessities of life; (iv) divesting or dispossessing the couple or their families of any land or property belonging to them or imposing of fine or penalty of any kind; (v) a refusal to deal with, work for hire or do business; (vi) to deny opportunities including access to services or contractual opportunities for rendering service for consideration: or to refuse to do anything on the terms on which things would be commonly done in the ordinary course of business; or (vii) to abstain from any professional or business relations; (viii) to refuse to do anything on the terms on which things would be commonly done in the ordinary course of business; (ix) to abstain from the professional or business relations that one would maintain with other person; (x) to abstain from lending loan or credit; and (xi) to refuse admission in school. (2) Words and expressions used but not defined in this Act and defined in the Bharatiya Nyaya Sanhitha, 2023 (Central Act 45 of 2023) or Bharatiya Nagarika Suraksha Sanhitha, 2023 (Central Act 46 of 2023) shall have the meanings assigned to them respectively in the Bharatiya Nyaya Sanhitha, 2023(Central Act 45 of 2023) or Bharatiya Nagarik Suraksha Sanhitha, 2023(Central Act 46 of 2023). (iv) divesting or dispossessing the couple or their families of any land or property belonging to them or imposing of fine or penalty of any kind; (v) a refusal to deal with, work for hire or do business; (vi) to deny opportunities including access to services or contractual opportunities for rendering service for consideration: or to refuse to do anything on the terms on which things would be commonly done in the ordinary course of business; or (vii) to abstain from any professional or business relations; (viii) to refuse to do anything on the terms on which things would be commonly done in the ordinary course of business; (ix) to abstain from the professional or business relations that one would maintain with other person; (x) to abstain from lending loan or credit; and (xi) to refuse admission in school.

(2) Words and expressions used but not defined in this Act and defined in the Bharatiya Nyaya Sanhitha, 2023 (Central Act 45 of 2023) or Bharatiya Nagarika Suraksha Sanhitha, 2023 (Central Act 46 of 2023) shall have the meanings assigned to them respectively in the Bharatiya Nyaya Sanhitha, 2023(Central Act 45 of 2023) or Bharatiya Nagarik Suraksha Sanhitha, 2023(Central Act 46 of 2023).

(1) All persons shall have the right to autonomy over their own lives, including the rights to liberty, freedom of expression, and freedom to marry a person of their choice. (2) Without prejudice to the generality of sub-section (1), it is hereby declared that any two persons who are otherwise eligible to marry have a right to marry any person of their choice without any hindrance from anyone including the parents and family members of both the parties. (3) The consent of the person’s parents, family, caste or clan is not necessary once the two adult individuals agree to enter into a marriage. (4) Any action to prevent the exercise of the rights referred to in sub-section (1) and (2) by any person or a group of persons shall amount to an offence under the provisions of this Act.

Any two persons desirous of marrying each other shall been titled to declare their age and willingness in oral or in writing to the District Magistrate or any Nodal officer as designated for this purpose by the District Magistrate, who shall send the said information to the nearest police station and no action shall be taken by the police and / or any other authority at the instance of any other party, including the family members or relatives or community members of either party or any third party, against the said couple: Provided that such a declaration shall not be a pre-condition for the persons to exercise their rights under section 3. Provided further that, such a declaration shall be made by a person above the age of eighteen years in case of female and twenty one years in case of male.

(1) No person or persons shall commit any acts in the name of caste, culture, custom, tradition or so-called “honour” or tradition against any person or persons on the ground that the person has transgressed cultural, caste, social or traditional norms or customs of appropriate behaviour. (2) Without prejudice to the generality of sub-section (1) acts which would amount to crimes in the name of honour and tradition would include but are not limited to,- (i) Causing death, physical harm or injury to either partner in the couple or anyone connected with them; (ii) Harassing the couple or either of them not to meet or associate with or live with each other, either physically or through any means of communication; (iii) Abducting the victim and / or their partner or anyone associated with them; (iv) Imposing social and economic boycott on the couple or their family or anyone associated with them; (v) Excommunicating, ostracization or forcible removal or displacement / eviction of the couple or their family or relatives from the village, town or area they live in; (vi) Asking the couple or anyone associated with them or harbouring them to pay a fine; (vii) Threatening the couple or either of them or their family or anyone associated with them of retributive action of any kind whatsoever; (viii) Individually or collectively exhorting or bringing pressure directly or indirectly upon any person or persons to prevent or disapprove of the marriage or association which is objected to, or to generate an environment of hostility towards such couple or either of them or their supporters; (ix) Forcibly declaring the couple who have got married as brother and sister; (x) Performing symbolic disownment rituals (such as thithi or equivalent death ceremonies) against a living person; (xi) Wrongfully denying or interfering with succession rights in property; (xii) Any other act or acts of harassment or intimidation, whether physical or mental or psychological against the person, the couple or persons supporting them; (xiii) Confining any person illegally, or placing them under house arrest; (xiv) Confiscation of a person’s phone, laptop and any means of communication; (xv) Freezing the bank accounts of the couple or either of them; (xvi) Causing the termination of the job of the couple or either of them by their employer; (xvii) Committing act of sexual violence or sexual harassment against any person; (xviii) Forcing or causing an abortion or miscarriage on any woman; (xix) Forced marriage of either or both persons, who are parties to an inter-caste marriage, against their consent; (xx) Forced dissolution of marriage of the couple against their consent; (xxi) Spreading hatred or defaming the couple and the family with false information among the locality or community; and (xxii) Social and economic boycott.

A group of five or more persons shall not gather, assemble, congregate at any time with the view or intention to deliberate on, or condemning any marriage on the ground that such marriage has dishonoured the caste, tribe, community, tradition or is against the wishes of the family or community.

(1) Any person having exercised or intending to exercise any of their rights under section 3 may approach a Civil Court on an apprehension that there will be any interference in the exercise of such rights from their parents, family members or any other persons, and seek an injunction preventing such interference and may also seek an order of protection. (2) On such application, the Court shall issue an injunction against any person or persons including their parents, family, relatives or any other member and restrain them from interfering with the rights of the persons and an order of protection directing the jurisdictional police to protect the person or persons concerned: Provided that in the case of any urgency, the Court shall have the power to issue an ad-interim and ex-parte injunction and order of protection, before the issuance of notice. (3) On the issuance of the order of protection, it shall be the responsibility of the police to ensure complete protection to the person or persons concerned and to take all steps of precaution under the provisions of this Act. (4) Whoever knowing that an injunction has been issued under sub-section (1) against him disobeys such injunction shall be punishable with imprisonment of either description for a term which may extend to two years or with fine which may extend to Rs. 1,00,000 or with both. (2) On such application, the Court shall issue an injunction against any person or persons including their parents, family, relatives or any other member and restrain them from interfering with the rights of the persons and an order of protection directing the jurisdictional police to protect the person or persons concerned: Provided that in the case of any urgency, the Court shall have the power to issue an ad-interim and ex-parte injunction and order of protection, before the issuance of notice.

(3) On the issuance of the order of protection, it shall be the responsibility of the police to ensure complete protection to the person or persons concerned and to take all steps of precaution under the provisions of this Act.

(4) Whoever knowing that an injunction has been issued under sub-section (1) against him disobeys such injunction shall be punishable with imprisonment of either description for a term which may extend to two years or with fine which may extend to Rs. 1,00,000 or with both.

Without prejudice to the punishment provided under the Bharatiya Nyaya Sanhita, whoever causes death through any means or commits any such act that results in death of a couple or either of them or any person in the name of ‘honour’ shall be punished with minimum imprisonment for a term of five years.

(1) Whoever causes grievous hurt to a couple or either of them in the name of honour shall be punished with imprisonment for a term which shall not be less than three years and with fine which may extend to Rs. 3,00,000. (2) Whoever causes simple hurt to a couple or either of them in the name of ‘honour’ shall be punished with rigorous imprisonment for a term which shall not be less than two years and with fine which may extend to Rs. 2,00,000. Explanation: The expression ‘grievous hurt’ and ‘simple hurt’ shall have the same meaning as is given to it in section 114 and 116 of the Bharatiya Nyaya Sanhitha, 2023(Central Act 45 of 2023).

Whoever causes any crimes in the name of “honour” or tradition as defined in section 5,-

(a) not amounting to killing in the name of “honour” but grievous hurt and injury, shall be punishable with imprisonment of a term which shall not be less than two years but which may extend to five years and shall also be liable to fine which may extend to Rs. 1,00,000.

(b) Any person or persons who commits any act not defined in section 9 and 10 to prevent the exercise of the rights referred in sub-sections(1) and (2) of section 5 by any person or a group of persons shall be punishable with imprisonment of a term not less than two years but which may extend to five years and shall also be liable to fine which may extend to Rs. 1,00,000.

Any person or persons including any member of an unlawful assembly indulges in criminal intimidation of any person or persons for their marriage or any of their relatives or supporters, shall be punishable with imprisonment for a term not less than three years but which may extend to five years and shall also be liable to fine which may extend to Rs. 2,00,000: Provided that if the threat be to cause harm or injury of the description referred to in section 351(3) of the Bharatiya Nyaya Sanhita, 2023 (Central Act 45 of 2023) the maximum imprisonment shall extend to seven years.

Explanation: The expression ‘criminal intimidation’ shall have the same meaning as is given to it in section 351(1) of the Bharatiya Nyaya Sanhita, 2023 (Central Act 45 of 2023).

Any person or persons participating in any unlawful assembly as described in section 7 including every member participating therein directly or indirectly, shall be punishable with imprisonment for a term not less than six months but which may extend to five years and shall also be liable to fine which may extend to Rs. 1,00,000.

Whoever knowingly or having reason to believe that an offence has been committed under this Act causes any evidence of the commission of that offence to disappear with the intention of screening the offender from punishment, or with that intention gives any information respecting the offence which he knows or believes to be false shall be punishable with the punishment provided for that offence.

Whoever abets, attempts or conspires to commit an offence under this Act or encourages or assists the suicide of any person shall be punished in the same manner as if he had himself committed that offence.

Without prejudice to the provisions anything contained in the Bharathiya Nagarik Suraksha Sanhitha, 2023 (Central Act 46 of 2023), all the offences under this Act shall be cognizable and non-bailable.

Any person exercising their rights under section 3 or being a victim under this Act shall have the right,-

(1) to seek protection for themselves, their dependents, and witnesses against any kind of intimidation or coercion or inducement or violence or threats of violence.

(2) to be treated with fairness, respect and dignity and with due regard to any special need that arises because of the victims age or gender or educational disadvantage or poverty.

(3) to reasonable, accurate, and timely notice of any Court proceeding including any bail proceeding; the Public Prosecutor or the State Government shall inform such person about any proceedings under this Act.

(4) to be heard in any proceeding under this Act in respect of bail, discharge, release, parole, conviction or sentence of an accused or any connected proceedings or arguments and file appeal against acquittal, written submission on conviction, acquittal or sentencing and for this purpose to engage a legal counsel of their choice.

(5) Without prejudice to anything contained in the Bharathiya Nagarik Suraksha Sanhitha, 2023(Central Act 46 of 2023), the Court trying a case under this Act shall provide to a victim, his/her dependents, informant or witnesses, complete protection to secure the ends of justice;

(6) without prejudice to the generality of the provisions of sub-section (5), the concerned Special Court may, on an application made by a victim or his/her dependent, informant or witness in any proceedings before it or by the Special Public Prosecutor in relation to such victim, informant or witness or on its own motion, take such measures including,-

(a) concealing the names and addresses of the witnesses in its orders or judgments or in any records of the case accessible to the public;

(b) issuing directions for non-disclosure of the identity and addresses of the witnesses;

(c) take immediate action in respect of any complaint relating to harassment of a victim, informant or witness and on the same day, if necessary, pass appropriate orders for protection: Provided that inquiry or investigation into the complaint received under clause (c) shall be tried separately from the main case by such Court and concluded within a period of two months from the date of receipt of the complaint. Provided further that where the complaint under clause (c) is against any public servant, the Court shall restrain such public servant from interfering with the victim, informant or witness, as the case may be, in any matter related or unrelated to the pending case.

(7) the Court shall periodically review the protection being offered to victims and witnesses and pass appropriate orders to modify any protection measures if necessary.

(1) It shall be the duty and responsibility of the State to make arrangements for the protection of victims, their dependents and witnesses against any kind of intimidation or coercion or inducement or violence or threats of violence.

(2) Any person or persons can make complaints, file representations or letters to the Sub-Divisional Magistrate or the District Magistrate or the jurisdictional police seeking protection from any person or any unlawful assembly who are likely to or who have been objecting to any marriage.

(3) Upon receiving such complaint or representation, the Sub-Divisional Magistrate or District Magistrate shall immediately take appropriate steps to provide protection to the said person, including giving appropriate directions for the same to the police. The police if they receive such a complaint, or request for protection, shall immediately and not later than 6 hours, provide protection and safety measures to the said persons, in such manner as they deem fit, but not limited to finding a shelter home or by any other means.

(4) It shall be the duty of the State Government to provide homes for couples in need of shelter and a safe place to stay. There should be adequate security for the protection of these couples in these shelter homes, with due regard to their privacy. In the safe houses, the couple shall have access and the facilities to meet with their lawyers or members from any Non Governmental Organization providing them support and assistance.

(5) The State Government shall establish a safe house at each District Headquarter for persons whose rights under Section 3 of the Act are under threat.

(6) It shall be the duty of the State Government to frame a scheme for protection and rehabilitation of victims and witnesses under this Act and such scheme may include provision of immediate relief.

(1) The duties of public servant shall include to, - (a) record the complaint of any person, informant, victim or witnesses in regard to any offence under this Act or any kind of intimidation, coercion or inducement or violence or threats of violence, whether given orally or in writing. (b) read out to an informant the information given orally, and reduced to writing by the officer in charge of the police station, before taking the signature of the informant; (c) register a complaint or a First Information Report under this Act and other relevant provisions; (d) furnish a copy of the information so recorded forthwith to the informant; (e) record the statement of the victims or witnesses; (f) conduct the investigation and file charge sheet in the Special Court or the Exclusive Special Court within a period of sixty days, and to explain the delay if any, in writing; (g) correctly prepare, frame and translate any document or electronic record; (h) respect the rights of all persons under this Act and take no action that undermines any such right; (i) perform any other duty specified in this Act or the rules made there under. (2) No public servant shall engage in any act that directly or indirectly impedes, restricts, or undermines any person’s right to exercise their rights under this Act.

If information about any proposed unlawful assembly or gathering in respect of crimes to be committed against any particular couple or persons in the name of honour or tradition, comes to the knowledge of any police officer or any officer of the District Administration, they shall: (i) Forthwith intimate the jurisdictional Deputy Superintendent of Police and Superintendent of Police; (ii) The District Magistrate shall immediately issue an order prohibiting the convening of such unlawful assembly and the doing of any act towards the commission of any offence under this Act by any person in any area specified there under and such order shall be immediately published in a local newspaper and delivered to such persons of the said unlawful assembly; (iii) The Sub-Divisional Magistrate or District Magistrate may take such steps as may be necessary to give effect to such order including by giving appropriate directions to the police authorities concerned; (iv) The District Magistrate shall also take such steps as may be necessary to ensure the safety of the persons targeted pursuant to the illegal decisions taken by the unlawful assembly including preventive and prohibitory actions under the Bharathiya Nagarik Suraksha Sanhitha, 2023(Central Act 46 of 2023); and (v) The District Magistrate/Superintendent of Police shall deal with the complaint regarding threat administered to such couple/family with utmost sensitivity. If necessary, they may be provided logistical support for solemnizing their marriage and/or for being duly registered under police protection, if they so desire. After the marriage, if the couple so desire, they can be provided accommodation on payment of nominal charges in the safe house initially for a period of one month to be extended on monthly basis but not exceeding one year in aggregate, depending on their threat assessment on a case-to-case basis.

Whoever, being a public servant, wilfully neglects his duties required to be performed by him under this Act and the rules made there under, shall be liable for departmental proceedings.

(1) All State government officers are required and empowered to assist the police in the execution of the provisions of this Act or any rule or order made hereunder. (2) All village officers and such other officers as may be specified by the Deputy Commissioner in relation to any area and the inhabitants of such area shall, if they have reason to believe or have the knowledge that any of the offences mentioned under this Act are about to be, or have been committed in the area shall mandatorily report such fact to the nearest police station forthwith. (3) Whoever contravenes the provisions of sub-section (1) or sub-section (2) shall be punishable with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.

(1) The State Government shall forthwith identify Districts, Sub-Divisions and/or villages where instances of crimes in the name of honour or tradition have been reported in the last five years. (2) The Principal Secretary, Department of Law, Justice, Human Rights shall issue directives/advisories to the Superintendent of Police of the concerned Districts for ensuring that the Officers In charge of the Police Stations of the identified areas are extra cautious if any instance of inter-caste marriage within their jurisdiction comes to their notice. (3) The Department of Law, Justice, Human Rights shall take measures to create awareness and sensitize law enforcement agencies, government departments and the police by involving all the stake holders to identify the measures for prevention of crimes in the name of honour and to implement this legislation; (4) The Government shall create a Special Cell for prevention of crimes in the name of ‘honour’ or “tradition” in every District comprising of the Superintendent of Police, the District Social Welfare Officer to receive petitions/complaints of harassment of and threat to couples of inter-caste marriages and any person exercising their right under section 3. (5) These Special Cells shall establish a 24-hour helpline to receive and register such complaints and to provide necessary assistance/advice and protection to the couple.

(1) In each district, the District Magistrate shall set up a monitoring committee to review the implementation of the provisions of the Act, relief and rehabilitation facilities provided to the victims and other matters connected therewith, prosecution of cases under the Act, role of different officers/agencies responsible for implementing the provisions of the Act and various reports received by the District Administration. (2) The district-level monitoring committee shall consist of Superintendent of Police, three Group ‘A’ officers/ Gazetted officers of the State Government and three members having association with non-Government Organizations. (3) The District-level committee shall meet at least once in three months. (4) The State Government shall take all measures as may be necessary for the effective implementation of this Act. Such measures may include,- (i) The provision for adequate facilities, including legal aid, to the persons subjected to honour crimes to enable them to avail themselves of justice; (ii) provision for a periodic survey of the working of the provisions of this Act with a view to suggesting measures for the better implementation of the provision of this Act.

(1) In each district, the District Magistrate shall constitute an "Eva Nammava Vedike." (2) The Eva Nammava vedike shall consist of retired judge, police officer, revenue officer, sub-registrar and such other members as may be prescribed. (3) The Eva Nammava Vedike shall facilitate solemnisation of marriage, provide counseling services and perform such other functions as may be prescribed.

(1) The State Government, may after consultation with the High Court, by notification, designate a District Courts as Special Fast Track Court for the purpose of trying the cases pertaining to crimes in the name of honour and offences under this Act. (2) Such Special Fast Track Court shall exercise all jurisdiction exercisable by the District Court under any law for the time being in force in respect of any proceedings under this Act: Provided that the Courts so established or specified shall have power to directly take cognizance of offences under this Act. (3) It shall be the duty of the State Government to establish adequate number of Courts to ensure that cases under this Act are disposed of within a period of two months, as far as possible. (4) The concerned District Judge presiding over a designated Special Fast Track Court shall receive prior training on this Act, in such manner as may be prescribed. (5) In every trial in the Special Court, the proceedings shall be continued from day-to-day until all the witnesses in attendance have been examined, unless the Special Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded in writing: Provided that when the trial relates to an offence under this Act, the trial shall, as far as possible, be completed within a period of two months from the date of filing of the charge sheet.

(1) Without prejudice to the provisions of Bharathiya Nagarik Suraksha Sanhitha, 2023 (Central Act 46 of 2023), or in any other law an appeal shall lie from every judgment or order under this Act to the High Court. (2) Every appeal under this Section shall be preferred within a period of ninety days from the date of the judgment or order under this Act: Provided that the High Court may entertain an appeal after the expiry of the said period of ninety days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of ninety days: (3) Every appeal preferred under sub-section (1) shall, as far as possible, be disposed of within a period of three months from the date of admission of the appeal.

Save as otherwise provided in this Act, the provisions of the Bharathiya Nagarik Suraksha Sanhitha, 2023 (Central Act 46 of 2023) shall apply to the proceedings under this Act.

Save as otherwise provided in this Act, the provisions of this Act shall be in addition to and not in derogation to the provisions of any other law for the time being in force.

(1) The State Government may after previous Publication in the Official Gazette, make rules for carrying out the provisions of this Act. (2) Every rule made under this Act shall be laid, as soon as may be after it is made, before each house of the State legislature, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both the Legislative Assembly and Legislative Council agree in making any modification in the rule or both agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.