CHILD MARRIAGE RESTRAINT ACT,1929

admin | June 18, 2021 | Criminal Law | No Comments

This article was written by Rohini Tondare, a student of Maharashtra National Law University, Aurangabad.

According to survey, nearly about 1.5 million girls under 18-year-old married in India. Nearly 16 percent teenage girls aged 15-19 are currently married. Child marriage violates children’s rights and places them at high risk of violence, exploitation and abuse. Child marriage affects both girls and boys, but it affects girls disproportionately.

The Child Marriage Restraint Act, is also called the Sarda Act, which restrain the practice of child marriage. It was enacted on 1 April 1930, extended across the world across the whole nation, except the state Hyderabad and Jammu and Kashmir and applied to every Indian citizen.

Short title, extent and commencement.
Definitions
Punishment for male (for below twenty-one year or above twenty-one-year-old)
Punishment for solemnizing child marriage
Punishment for concerned parents or guardian for child marriage
Offences to be cognizable for certain purpose
Jurisdiction under this act
Mode of taking cognizance of offence
Preliminary inquiries into offences
Power to issue injunction prohibiting marriage in contravention of this act

SHORT TITLE, EXTEND AND COMMENCEMENT

This is called ‘Child Marriage Restraint Act, 1929’. The Child Marriage Restraint Act,1929 came into force on 1^st of April, 1930. It was extended to whole of India except the State of Jammu and Kashmir but after removal of Article 370, it is also applicable to State of Jammu and Kashmir.

Act 2 of 1978 – the Child Marriage Restraint Act,1929 was established to prevent child marriage, namely, a marriage to which either of the contracting parties is under a specified age. Originally, the age of female should be 18 and the age of male should be 21-year-old. The age limit was subsequently raised in the case of females from fourteen to fifteen by the Amending Act of 14 of 1949. Violation of the provision of the Act is made punishable. The question of increasing the minimum age of female and male has been considered in the present context where it has been urgent need to check growth of population in country. Increase in minimum age not only lower the fertility rate but also good for the health of mother and the baby. And will result in good parenthood. The bill has been introduced in the Lok Sabha on 25^th August 1976 but end with failure of the Lok Sabha on 18^th January, 1977.

DEFINITIONS

“child” means, a person who is not completed eighteen-year-old of age, if she is women and twenty-one-year-old of age, if he is a male.
“Child marriage” means a marriage in which one of the contracting parties is child.
“Contracting party to a marriage” means either of the parties whose marriage is determined.
“minor” means a person of either age who is under eighteen years of age.

PUNISHMENT FOR MALE (FOR BELOW 21-YEAR-OLD OF AGE OR ABOVE 21-YEAR-OLD OF AGE)

For the male who is above 18-year-old and below 21-year-old and engaging in a contract with minor shall be punishable with the imprisonment of fifteen days or will be fine one thousand rupees. The one who is above the age of 21-year-old and enter in a contract with minor for marriage shall be punishable with imprisonment of three month.

PUNISHMENT FOR SOLEMNIZING CHILD MARRIAGE

Whoever conduct or performs a marriage of minor (child marriage) shall be liable with the imprisonment which may extend to three months and shall be liable to fine, unless he proves that he had reason to believe that the marriage was not a child marriage.

PUNISHMENT FOR PARENT OR GUARDIAN CONCERNED IN A CHILD MARRIAGE

Where a child marriage has been performed, whoever solemnized the child marriage whether they are parents, guardian or any other person who is at the position to solemnized it lawfully or unlawfully perform it and negligently fails to prevent it from being solemnized are punishable with imprisonment which may exceed to one year and fine of rupees one thousand.

OFFENCES TO BE COGNIZABLE FOR CERTAIN PURPOSES

The Code if Criminal Procedure, 1973 shall apply to offences under this act as if they were cognizable offences-

For the purpose of investigation of such offences; and
For the purpose of matters other than

Matters referred to in section 42 of that Code and
The arrest of a person without a warrant or without an order of a Magistrate.

JURISDICTION UNDER THIS ACT

Notwithstanding anything contained in section 190 of the Code of Criminal Procedure,1973, 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.

MODE OF TAKING COGNIZANCE OF OFFENCES

Court can not take perception of any offence under this Act after the expiry of one year from the date on which the offence has been committed.

PRELIMINARY INQUIRIES INTO OFFENCES

Ant court, on receipt of a complaint of an offence of which it is authorized to take cognizance, shall, unless it dismisses the complaint under section 203 of the Code of Criminal Procedure, 1973 either itself make an inquiry under section 202 of that Code or direct a Magistrate subordinate to it to make such inquiry.

POWER TO ISSUE INJUCTION PROHIBITING MARRIAGE IN CONTRAVENTION OF THIS ACT

Notwithstanding anything to the contrary contained in this act, the court may, if contented from the information given by complaint or otherwise that a child marriage in contravention of this act has been arranged or is about to be solemnized, issue an injunction against any of the persons mention in section 3, 4, 5 and 6 this act prohibiting such marriage.
No injunction can be issued to any person whom court has given previously notice and offered him an opportunity to show cause against the issue of the injunction.
If an injunction has been issued against any person and the person 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.