The Child Marriage Restraint Act, 1929

(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 citizen of India without and beyond India. (3) It shall come into force on the 1st day of April, 1930.

In this Act, unless there is anything repugnant in the subject or context: (a) "Child" means a person who, if a male, has not completed twenty one year 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 solemnised and (d) "minor" means a person of either sex who is under eighteen years of age.

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 .

Whoever, being a male above twenty one 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.

(1) 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.

(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 simple imprisonment which may extend to three months and shall also be liable to fine. Provided no woman shall be punishable with imprisonment. (2) For the purpose 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 marriage from being solemnised.

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.

Notwithstanding anything contained in Section 190 of the (Code of Criminal Procedure, 1973) (2 of 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.

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.

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 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.

Repealed by the Child Marriage Restraint (Amendment) Act, 1949 (41 of 1949), Section 7.

(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 be punished with imprisonment or 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) The State Government may, by notification, appoint an officer to be the Child Marriage Prevention Officer for the whole state or for such part thereof as may be specified in the notification.

(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 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 such powers subject to such restrictions 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 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 duties and discharge of functions under this Act.

(5) Terms and conditions of appointment of persons on the advisory body shall be such as may be prescribed.

The Child Marriage Prevention Officer appointed under section 13, shall be deemed to be a public servant within the meaning of section 21 of the Penal Code 1860 (Central Act XLV of 1860).

No suit or other legal proceedings shall lie against the Child Marriage Prevention Officer in respect of anything which is in good faith done under this Act or the rules made thereunder.

(1) The State Government, may after previous publication by notification make rules, for carrying out the purposes of the Act.

(2) In particulars 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) 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 in which it is so laid or the session immediately following, both the Houses agree in making modification in the rule or both the Houses agree that rule should not be made the rule thereafter, shall 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.