The Prohibition Of Child Marriage Act, 2006

Original Law Text:

The Prohibition of Child Marriage Act, 2006 (Act No. 6 of 2007) was enacted on 10th January 2007. It is designed to prohibit the solemnisation of child marriages and address all connected or incidental matters.

Section 1 states:

This law is called the Prohibition of Child Marriage Act, 2006.
It applies across the whole of India and to all Indian citizens abroad, except initially for the Renoncants of the Union Territory of Pondicherry.
The Act would come into force on dates notified separately by the Central Government for different States.

Section 2 defines important terms:

A child is a male under 21 years or a female under 18 years.
A child marriage is where either party is a child.
A contracting party refers to either party to the marriage.
Child Marriage Prohibition Officer is an officer appointed under Section 16.
District court includes Family Courts or principal civil courts with specified authority.
A minor is someone who has not attained majority as per the Majority Act, 1875.

The Act further outlines measures to:

Make child marriages voidable (Section 3),
Provide maintenance and residence for girls involved (Section 4),
Ensure custody and maintenance of any children born from such marriages (Section 5),
Confirm the legitimacy of children from annulled marriages (Section 6),
Empower courts to modify orders (Section 7) and direct where petitions can be filed (Section 8),
Impose punishments on adult males marrying children (Section 9), those performing such marriages (Section 10), and those promoting or allowing them (Section 11),
Declare certain marriages involving coercion or trafficking void (Section 12),
Grant courts the power to issue injunctions to prevent child marriages (Section 13),
State that marriages against injunction orders are automatically void (Section 14),
Declare offences under the Act as cognizable and non-bailable (Section 15),
Establish Child Marriage Prohibition Officers (Section 16-17),
Protect officers acting in good faith (Section 18),
Allow State Governments to create rules (Section 19),
Amend the Hindu Marriage Act, 1955 (Section 20),
Repeal the Child Marriage Restraint Act, 1929 but safeguard pending cases (Section 21).

Simple Explanation:

The Prohibition of Child Marriage Act, 2006 was passed to completely stop child marriages in India and protect those affected. The law clearly says that boys must be at least 21 and girls at least 18 to legally marry. If either person is underage, their marriage can be cancelled by the minor once they are adults.

The law ensures:

Support for girls involved in such marriages until they remarry,
Proper care and custody for children born from these marriages,
Severe punishments for adults involved in or promoting child marriages.

If a child is forced, tricked, or sold into marriage, such a marriage is completely void without needing any court action. Courts and officers have been given strong powers to prevent and stop child marriages and punish those involved.

Special officers called Child Marriage Prohibition Officers are appointed to spread awareness, prevent child marriages, and support legal action. The Act also ensures that anyone acting honestly under this law is protected from legal trouble.

Finally, the Act updated older marriage laws and replaced the earlier law against child marriage (the Child Marriage Restraint Act, 1929).

Vital Pointers To Remember:

Boys must be 21 and girls 18 to legally marry.
A child marriage is voidable and can be annulled by the child after reaching adulthood.
Girls from such marriages can claim maintenance and shelter until they remarry.
Children born from such marriages are considered legitimate.
Punishments include imprisonment up to 2 years and/or fine up to ₹1 lakh.
Marriages involving force, deceit, or trafficking are automatically void.
Officers are appointed to prevent marriages and promote awareness.
All offences under the Act are cognizable and non-bailable, meaning police can arrest without a warrant and bail is not automatic.
Protection for those acting in good faith under this law is guaranteed.
The Act repealed the 1929 law but safeguarded ongoing cases.

Table of Contents

Short Title, Extent And Commencement

Original Law Text:

Section 1 of The Prohibition of Child Marriage Act, 2006 says:

This law is titled as The Prohibition of Child Marriage Act, 2006.
It is applicable across the entire territory of India and also to Indian citizens living outside the country. However, it initially did not apply to the Renoncants of the Union Territory of Pondicherry.
The Act would come into effect from the date notified by the Central Government in the Official Gazette. Different dates may be chosen for different States. Any mention of the Act’s start date in any provision is to be understood in relation to the specific State it applies to.

Simple Explanation:

This section explains the basic details of the law:

The official name of the law is The Prohibition of Child Marriage Act, 2006.
It covers all of India and also Indians living abroad, although at first it didn’t apply to a small group in Pondicherry known as the Renoncants.
The law didn’t start working immediately everywhere. The Central Government would announce the starting dates for different places through official notifications, and each place would treat the law as active only from its own notified date.

Vital Pointers To Remember:

Name of the law: The Prohibition of Child Marriage Act, 2006.
Applicable throughout India and to Indian citizens abroad.
Initial exception: Renoncants of Pondicherry.
Commencement date: As announced separately for different States via Official Gazette notification.
Effective individually: Start date is considered separately for each State.

Definitions

Original Law Text:

Section 2 of The Prohibition of Child Marriage Act, 2006 defines several important terms:

Child: A boy who has not completed 21 years or a girl who has not completed 18 years of age.
Child marriage: A marriage where either party is a child.
Contracting party: Either individual whose marriage is being or will be solemnised.
Child Marriage Prohibition Officer: The officer appointed under Section 16 to stop child marriages.
District court: Depending on the area, it refers to the Family Court (if available), City Civil Court, or the principal civil court of original jurisdiction. The State Government may also specify other courts.
Minor: A person who, under the Majority Act, 1875, is considered not to have reached the age of majority.

Simple Explanation:

This part of the law provides clear meanings for terms used throughout the Act:

A child means a boy under 21 years or a girl under 18 years.
A child marriage happens if either the bride or groom is a child.
The term contracting party refers to either the bride or groom.
A Child Marriage Prohibition Officer is appointed by the State to help stop child marriages.
A district court could be a Family Court, City Civil Court, or the main civil court in an area. State Governments can also notify other courts to handle these cases.
A minor is someone who is legally not considered an adult as per the Majority Act, 1875.

Vital Pointers To Remember:

Child: Male under 21 years, Female under 18 years.
Child marriage: Involves at least one child.
Contracting party: Either person involved in the marriage.
Child Marriage Prohibition Officer: Appointed official responsible for preventing child marriages.
District court: Family Court, City Civil Court, or designated civil courts depending on the location.
Minor: Someone who has not yet legally become an adult under the Majority Act, 1875.

Section 5: Child Marriages To Be Voidable At The Option Of Contracting Party Being A Child

Original Law Text:

Section 3 of The Prohibition of Child Marriage Act, 2006 states:

Any child marriage, whether it occurred before or after the Act started, is voidable at the option of the child who was involved.
A petition to annul such a marriage can be filed only by the child who was a party to the marriage.
If the petitioner is still a minor at the time of filing, they can do so through a guardian or with the help of the Child Marriage Prohibition Officer.
The petition must be filed before the child completes two years after reaching majority (i.e., within two years of turning 18 for girls or 21 for boys).
When the court grants a decree of nullity, it must also order that all gifts, valuables, and money exchanged during the marriage be returned to the rightful owners or compensation for their value be given.
No such order can be made without giving notice to the concerned parties and giving them a chance to explain why the order should not be passed.

Karnataka Amendment:

In Karnataka, any child marriage solemnised after the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016 is automatically void from the beginning (void ab initio).

Simple Explanation:

This section gives the child involved in a child marriage the right to cancel the marriage after they become adults. They must file their case within two years after reaching adulthood.

If the child is still underage, the petition can be made by a guardian or the Child Marriage Prohibition Officer on their behalf.
The court, while ending the marriage, will also make sure that any money, jewellery, or gifts given during the marriage are returned or repaid to the original owners.
Before ordering anything, the court must give notice to all parties to allow them to defend themselves.

Special Rule for Karnataka:
In Karnataka, if a child marriage takes place after their amendment law came into force, it is automatically considered null and void, without needing the child to approach the court.

Vital Pointers To Remember:

Child marriage is voidable, meaning the child can choose to cancel it.
Petition can be filed only by the child involved, through guardian or Child Marriage Prohibition Officer if still a minor.
Must file within two years after becoming an adult.
Court will order return of all gifts, valuables, and money exchanged at marriage.
Notice must be given before passing any court order.
Karnataka: Child marriages are void from the start (void ab initio) after the 2016 amendment.

Section 6: Legitimacy Of Children Born Of Child Marriages

Original Law Text:

Section 6 of The Prohibition of Child Marriage Act, 2006 states:

Even if a child marriage is annulled through a court decree under Section 3, any child born or conceived before the decree will be considered legitimate.
This applies whether the child was born before or after the Act started.

Simple Explanation:

This section protects the rights of children born from child marriages.
Even if the marriage is later cancelled by the court, any children from that marriage are still legally recognised as legitimate.
This means that the child will have the same legal rights as children born to married couples, such as rights to inherit property and family benefits.

Vital Pointers To Remember:

Children born from child marriages remain legitimate, even if the marriage is later annulled.
This rule applies to children born before or after the Act came into effect.
Legitimacy ensures the child has full legal rights.

Power Of District Court To Modify Orders Issued Under Section 4 Or Section 5

Original Law Text:

Section 7 of The Prohibition of Child Marriage Act, 2006 provides:

The district court has the authority to alter, add to, or cancel any order it made under Section 4 (maintenance and residence) or Section 5 (custody and maintenance of children).
These changes can be made if there is any change in circumstances, even during or after the case has been decided.

Simple Explanation:

This part gives the district court the flexibility to change its earlier orders about maintenance, residence, or child custody.
If the situation changes, like a party’s financial condition or the needs of the child, the court can modify the original orders whenever needed, even after the case is closed.

Vital Pointers To Remember:

District court can change orders from Section 4 and 5.
Alterations allowed due to changed circumstances.
Changes can happen during or after case finalisation.

Court To Which Petition Should Be Made

Original Law Text:

Section 8 of The Prohibition of Child Marriage Act, 2006 mentions:

For reliefs under Sections 3, 4, and 5, the petition should be filed in a district court.
The correct district court is:
- Where the defendant resides, or
- Where the child resides, or
- Where the marriage was solemnised, or
- Where the parties last lived together, or
- Where the petitioner currently lives.

Simple Explanation:

This section explains where a person should file their case under this Act.
The petition can be filed in the district court that covers the area where:

The other party lives,
The child lives,
The marriage took place,
The parties lived together before separation, or
The person filing the case lives at the time of filing.

Vital Pointers To Remember:

Petition can be filed in district court based on:
- Residence of defendant or child,
- Place of marriage,
- Last place parties lived together,
- Current residence of petitioner.

Punishment For Male Adult Marrying A Child

Original Law Text:

Section 9 of The Prohibition of Child Marriage Act, 2006 states:

Any male adult (over 18 years) who marries a child can be punished with:
- Rigorous imprisonment up to two years, or
- A fine up to ₹1 lakh, or
- Both.

Karnataka Amendment:

In Karnataka, the law requires a minimum punishment of one year imprisonment, which may extend up to two years.

Simple Explanation:

This section punishes adult men who marry underage girls.
If a man above 18 years marries a girl who is underage, he can face up to two years in jail, a fine of ₹1 lakh, or both.
In Karnataka, the punishment is stricter, with a minimum of one year imprisonment.

Vital Pointers To Remember:

Adult males marrying children face up to two years’ imprisonment or ₹1 lakh fine or both.
Karnataka law imposes a minimum jail term of one year.

Punishment For Solemnising A Child Marriage

Original Law Text:

Section 10 of The Prohibition of Child Marriage Act, 2006 provides:

Anyone who performs, conducts, directs, or helps in solemnising a child marriage is punishable with:
- Rigorous imprisonment up to two years, and
- A fine up to ₹1 lakh,
However, they can avoid punishment if they can prove they reasonably believed that both parties were of legal age.

Karnataka Amendment:

In Karnataka, the punishment has been made stricter, requiring at least one year of imprisonment, extendable up to two years.

Simple Explanation:

This section punishes anyone who takes part in organising a child marriage, like priests, event organisers, or others.
They can be sent to prison for up to two years and/or fined ₹1 lakh.
If they can prove that they genuinely believed the boy and girl were of the right age, they may not be punished.
In Karnataka, there is a minimum one-year jail term for those found guilty.

Vital Pointers To Remember:

Anyone involved in organising a child marriage faces punishment.
Penalty: Up to two years’ jail and/or ₹1 lakh fine.
Defence available if reasonable belief of legal age is proven.
Karnataka: Minimum one-year imprisonment mandatory.

Punishment For Promoting Or Permitting Solemnisation Of Child Marriages

Original Law Text:

Section 11 of The Prohibition of Child Marriage Act, 2006 mentions:

Any parent, guardian, or person in charge of a child, or even members of organisations, who:
- Promotes, permits, or fails to prevent a child marriage,
- Participates in a child marriage, is punishable with:
- Rigorous imprisonment up to two years, and
- A fine up to ₹1 lakh.
Women cannot be sentenced to imprisonment under this section.
It is presumed (unless proven otherwise) that a person in charge negligently failed to stop the child marriage.

Karnataka Amendment:

In Karnataka, the minimum punishment is set to one year, with the removal of the exemption for women (no special treatment).

Simple Explanation:

This part punishes those who allow, support, or attend a child marriage.
Parents, guardians, relatives, or even group members can face up to two years in jail and/or a fine of ₹1 lakh if they are involved or careless.
In the rest of India, women are not jailed under this section, but Karnataka has removed that special protection and made jail mandatory for at least one year.

Vital Pointers To Remember:

Parents, guardians, organisers can be punished for supporting or allowing child marriages
Penalty: Two years’ jail and/or ₹1 lakh fine.
In India (except Karnataka), women are not imprisoned under this section.
Karnataka: No exemption for women, minimum one-year imprisonment compulsory.

Marriage Of A Minor Child To Be Void In Certain Circumstances

Original Law Text:

Section 12 of The Prohibition of Child Marriage Act, 2006 specifies:

A child marriage is completely void if a minor child:
- Is taken away or enticed from lawful guardianship,
- Is forced or tricked into leaving a place,
- Is sold for marriage,
- Or if, after marriage, the minor is sold, trafficked, or used for immoral purposes.

Simple Explanation:

This section declares certain child marriages as automatically null and void.
If a minor is kidnapped, tricked, forced, or sold into marriage, or sold or trafficked after the marriage for wrong reasons, that marriage is considered invalid from the start without any need for a separate court order.

Vital Pointers To Remember:

Marriage is void ab initio (invalid from beginning) if:
- Child is taken, enticed, forced, or tricked.
- Child is sold for marriage or trafficked afterward.
No court procedure needed to declare it void.

Section 10: Punishment For Solemnising A Child Marriage

Original Law Text:

Section 10 of The Prohibition of Child Marriage Act, 2006 provides:

Anyone who performs, conducts, directs, or helps in solemnising a child marriage is punishable with:
- Rigorous imprisonment up to two years, and
- A fine up to ₹1 lakh,
However, they can avoid punishment if they can prove they reasonably believed that both parties were of legal age.

Karnataka Amendment:

In Karnataka, the punishment requires a minimum of one year imprisonment, extendable up to two years.

Simple Explanation:

This section punishes anyone who organises or helps in a child marriage.
They may face up to two years’ prison and/or ₹1 lakh fine.
If they genuinely believed the boy and girl were of legal age, they may escape punishment.
In Karnataka, at least one year in jail is mandatory for offenders.

Vital Pointers To Remember:

Involvement in child marriage ceremony is punishable.
Penalty: Up to two years’ imprisonment and/or ₹1 lakh fine.
Defence available: Reasonable belief of legal age.
Karnataka: Minimum one year jail required.

Section 11: Punishment For Promoting Or Permitting Solemnisation Of Child Marriages

Original Law Text:

Section 11 of The Prohibition of Child Marriage Act, 2006 states:

Any parent, guardian, or person in charge, including members of organisations, who:
- Encourages, allows, or fails to stop a child marriage,
- Participates in the marriage, is punishable with:
- Rigorous imprisonment up to two years, and
- A fine up to ₹1 lakh.
In general, women are not imprisoned under this section.
It is assumed (unless proved otherwise) that the person responsible failed to prevent the marriage.

Karnataka Amendment:

Karnataka removed the protection for women and made minimum one-year jail mandatory.

Simple Explanation:

This part punishes parents, guardians, or anyone who encourages, allows, or even attends a child marriage.
They can be jailed for up to two years and fined ₹1 lakh.
Elsewhere in India, women cannot be jailed, but in Karnataka, women can be imprisoned and a minimum one-year sentence is compulsory.

Vital Pointers To Remember:

Encouraging or permitting child marriages is punishable.
Penalty: Two years’ jail and/or ₹1 lakh fine.
In India: Women protected from jail (except Karnataka).
In Karnataka: Minimum one-year imprisonment without exceptions.

Section 12: Marriage Of A Minor Child To Be Void In Certain Circumstances

Original Law Text:

Section 12 of The Prohibition of Child Marriage Act, 2006 states:

A child marriage is completely void if a minor child:
- Is taken away or enticed from their lawful guardian,
- Is forced or tricked into leaving a place,
- Is sold for marriage,
- Or after marriage is sold, trafficked, or used for immoral purposes.

Simple Explanation:

This section makes certain child marriages automatically void without needing court orders.
If a child is kidnapped, forced, tricked, sold for marriage, or trafficked afterwards, the marriage is invalid from the beginning (void ab initio).

Vital Pointers To Remember:

Marriage is automatically void if:
- Child is kidnapped, forced, tricked, or sold for marriage.
- Child is trafficked or exploited after marriage.
No court declaration needed to make it void.

Section 13: Power Of Court To Issue Injunction Prohibiting Child Marriages

Original Law Text:

Section 13 of The Prohibition of Child Marriage Act, 2006 states:

A Judicial Magistrate First Class or Metropolitan Magistrate can issue an injunction to stop a child marriage if they receive a complaint or reliable information.
Child Marriage Prohibition Officers or any person with reasonable knowledge can file a complaint.
The Court can act on its own if it receives trustworthy information.
In emergencies, the Court can issue an interim injunction without prior notice.
The Court must later give notice and hear both sides before confirming or cancelling the injunction.
District Magistrates have special powers during mass child marriage events like Akshaya Tritiya to prevent marriages.
Disobeying an injunction can lead to imprisonment up to two years and/or fine up to ₹1 lakh.

Karnataka Amendment:

Punishment for violating an injunction includes minimum one-year imprisonment, not just up to two years.

Simple Explanation:

This section empowers courts to stop a child marriage before it happens by issuing an injunction.
Complaints can be made by officers, individuals, or even NGOs.
If urgent, the Court can immediately stop the marriage without hearing the parties first but must later listen to them.
Ignoring the injunction is a serious crime, leading to jail and heavy fines.
District Magistrates also have extra powers on special occasions to stop mass child marriages.

Vital Pointers To Remember:

Court can issue injunction to prevent child marriages.
Urgent cases allow interim injunctions without notice.
District Magistrates have additional powers during mass events.
Violation leads to up to two years’ imprisonment and/or ₹1 lakh fine.
Karnataka: Minimum one-year imprisonment for disobeying injunctions.

Section 14: Child Marriages In Contravention Of Injunction Orders To Be Void

Original Law Text:

Section 14 of The Prohibition of Child Marriage Act, 2006 specifies:

If a child marriage takes place despite an injunction (whether interim or final), it is considered void ab initio — that is, invalid from the very beginning.

Simple Explanation:

If a child marriage happens despite a court order banning it, it is automatically cancelled and treated as if it never took place.

Vital Pointers To Remember:

Child marriage held against a court injunction is void from the start.
No separate court order needed to declare it void.

Section 15: Offences To Be Cognizable And Non-Bailable

Original Law Text:

Section 15 of The Prohibition of Child Marriage Act, 2006 states:

All offences under this Act are cognizable and non-bailable.
This means police can arrest without a warrant and bail is not a right.

Karnataka Amendment:

Karnataka inserted Section 15A, requiring police officers to take suo-moto action (on their own) when they come to know about offences under the Act.

Simple Explanation:

All crimes under this law are serious.
Police can arrest people immediately without waiting for court permission.
The accused cannot automatically get bail; they must apply and get court approval.
In Karnataka, police must act on their own if they come to know about a child marriage offence.

Vital Pointers To Remember:

Offences are cognizable (police can arrest without warrant).
Offences are non-bailable (bail is not automatic).
Karnataka: Police must act suo-moto on learning about offences.

Section 16: Child Marriage Prohibition Officers

Original Law Text:

Section 16 of The Prohibition of Child Marriage Act, 2006 says:

State Governments must appoint Child Marriage Prohibition Officers for specified areas.
They may also involve respected local persons, panchayat members, government officers, or NGO representatives to assist.
Duties of these officers include:
- Preventing child marriages,
- Collecting evidence for prosecutions,
- Advising and counselling communities,
- Raising awareness about the harms of child marriages,
- Submitting reports and statistics as required,
- Performing other duties assigned by the State Government.
The State may also give these officers limited police powers if needed.

Simple Explanation:

The law requires States to appoint special officers to stop child marriages.
These officers spread awareness, collect proof, and take action to prevent child weddings.
Local community leaders and organisations may be asked to assist them.
In some cases, these officers are also given police powers to help them perform their duties better.

Vital Pointers To Remember:

Child Marriage Prohibition Officers are appointed by States.
Duties include prevention, evidence collection, counselling, awareness, and reporting.
They may be assisted by respected locals or NGO members.
States can give them limited police powers.

Section 17: Child Marriage Prohibition Officers To Be Public Servants

Original Law Text:

Section 17 of The Prohibition of Child Marriage Act, 2006 declares:

Child Marriage Prohibition Officers are deemed public servants under Section 21 of the Indian Penal Code.

Simple Explanation:

This part gives official legal status to Child Marriage Prohibition Officers.
They are treated as public servants, which gives them special protections and responsibilities under Indian law.

Vital Pointers To Remember:

Child Marriage Prohibition Officers are legally recognised as public servants.
They enjoy protections and duties under the Indian Penal Code.

Section 18: Protection Of Action Taken In Good Faith

Original Law Text:

Section 18 of The Prohibition of Child Marriage Act, 2006 states:

No suit, prosecution, or legal proceeding shall be initiated against any Child Marriage Prohibition Officer for any action done in good faith while implementing the Act or any rules made under it.

Simple Explanation:

This section protects officers who honestly perform their duties under the law.
If they act with good intentions while enforcing the Act, they cannot be sued or punished even if the outcome wasn’t perfect.

Vital Pointers To Remember:

Officers acting in good faith are protected from legal action.
Protection covers actions under the Act and any related rules.

Section 19: Power Of State Government To Make Rules

Original Law Text:

Section 19 of The Prohibition of Child Marriage Act, 2006 mentions:

The State Government may make rules to carry out the purposes of the Act.
Every rule made must be presented before the State Legislature as soon as possible after it is made.

Simple Explanation:

State Governments have the authority to create detailed rules to implement this law properly. However, these rules must be shown to the State Legislature so that they can be reviewed.

Vital Pointers To Remember:

States can frame rules to implement the Act.
Rules must be laid before the State Legislature.

Section 20: Amendment Of Act No. 25 Of 1955

Original Law Text:

Section 20 of The Prohibition of Child Marriage Act, 2006 says:

Section 18(a) of the Hindu Marriage Act, 1955 was amended.
New punishment for contravening the age condition for marriage under Hindu Marriage Act:
- Rigorous imprisonment up to two years, or
- A fine up to ₹1 lakh, or
- Both.

Simple Explanation:

This section updated the Hindu Marriage Act to match the punishments given in the new law.
Now, if someone breaks the age rules in a Hindu marriage, they face similar strict penalties as under this Act.

Vital Pointers To Remember:

Hindu Marriage Act now carries the same penalties as this Act for age violations.
Punishment: Up to two years’ jail, or ₹1 lakh fine, or both.

Section 21: Repeal And Savings

Original Law Text:

Section 21 of The Prohibition of Child Marriage Act, 2006 explains:

The earlier Child Marriage Restraint Act, 1929 is repealed.
However, any cases or proceedings already ongoing under the 1929 Act will continue to be dealt with as if the old Act was still in force.

Simple Explanation:

The new law replaces the old Child Marriage Restraint Act of 1929.
But to avoid confusion, any pending cases under the old law will be finished using the old rules.

Vital Pointers To Remember:

Old law (1929) is repealed.
Ongoing cases under the old law will continue under the old Act.