Last Change:

05/09/2025

The Child Marriage Restraint Act

Year: 2017

Type: Domestic law

Rights Category: Liberty & security of person, Social protection, Family life, Documentation

Description

The Act is aimed at preventing child marriages in the country. It sets the legal minimum age for marriage and includes provisions for penalties for those who facilitate or participate in child marriages. For the purpose of this Act, age of majority for male and female are different. As per section 2(1) if male who has not completed the age of 21 and if female who has not completed the age of 18 will be considered as minor.
 

Selected provisions
Section 2 - Definitions

In this Act, unless there is anything repugnant in the subject or context
(1) “minor” means, in case of marriage, a person who, if a male, has not completed 21 (twenty-one) years of age, and if a female, has not completed 18 (eighteen) years of age;
(2) “guardian” means a person who has been appointed or declared to be a guardian, under the Guardians and Wards Act, 1890 (Act No. VIII of 1890) and shall also include the person who bears the maintenance cost of a minor;
(3) “adult” means, in case of marriage, a person who, if a male, has completed 21 (twenty-one) years of age, and if a female, has completed 18 (eighteen) years of age;
(4) “child marriage” means a marriage to which either or both of the contracting parties are minor;

Section 3 - Formation of Child Marriage Prevention Committees

For the prevention of child marriage, the Government may, in such manner as may be prescribed by rules, form Child Marriage Prevention Committees at national, district, upazila and union levels comprising government officials, local people’s representatives, non-government officials and respectable persons at local level and determine the functions of the committees.

Section 4 - General powers of certain government officials and local government representatives to prevent child marriage

Without prejudice to the generality of the provisions of section 5, the Upazila Nirbahi Officer, the Executive Magistrate, the Upazila Women Affairs Officer, the Upazila Social Welfare Officer, the Upazila Primary or Secondary Education Officer, the Officer in Charge of Police Station or the representatives of Local Government shall, upon receiving information about child marriage through a written or oral application made by a person or through any other means, stop the child marriage or may take necessary measures in such manner as may be prescribed by rules to proceed with legal action against such marriage.

Section 5 - Injunction against a child marriage and punishment for contravening the injunction

(1) The Court may, if satisfied, suo-moto or on the basis of a complaint made by a person or on the basis of any information received through any other means, that a child marriage has been arranged or is about to be solemnized, issue an injunction against solemnization of the child marriage.
(2) The Court may, either on its own motion or on the basis of the complainant’s application, rescind any order issued under sub-section (1).
(3) Whoever violates the injunction issued under sub-section (1) shall be punished with imprisonment which may extend to 6 (six) months, or with fine which may extend to 10 (ten) thousand Taka, or with both and, in default of payment of the fine, shall be punished with imprisonment which may extend to 1 (one) month.

Section 6 - Punishment for making a false complaint

If any person makes a false complaint under section 5, it shall be an offence, and for making such complaint, he shall be punished with imprisonment which may extend to 6 (six) months, or with fine which may extend to 30 (thirty) thousand Taka, or with both, and in default of payment of the fine, shall be punished with imprisonment which may extend to 1 (one) month.

Section 7 - Punishment for contracting a child marriage

(1) If any adult, male or female, contracts a child marriage, it shall be an offence, and for this, he shall be punished with imprisonment which may extend to 2 (two) years, or with fine which may extend to 1 (one) lakh Taka, or with both, and in default of payment of the fine, shall be punished with imprisonment which may extend to 3 (three) months.
(2) If any minor, male or female, contracts a child marriage, he shall be punished with detention which may extend to 1 (one) month, or with fine which may extend to 50 (fifty) thousand Taka, or with both: Provided that if any case is filed against, or penalty imposed upon, a person under section 8, no punishment shall be imposed upon the aforesaid minor, whether male or female.

Section 8 - Punishment for parent or others concerned in a child marriage

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 solemnized, or negligently fails to prevent it from being solemnized, shall commit an offence, and for this, be punished with imprisonment which may extend to 2 (two) years but not less than 6 (six) months, or with fine which may extend to 50 (fifty) thousand Taka, or with both, and in default of payment of the fine, shall be punished with imprisonment which may extend to 3 (three) months.

Section 9 - Punishment for solemnizing or conducting a child marriage

If any person solemnizes or conducts a child marriage, it shall be an offence, and for this, he shall be punished with imprisonment which may extend to 2 (two) years but not less than 6 (six) months, or with fine which may extend to 50 (fifty) thousand Taka, or with both, and in default of payment of fine, shall be punished with imprisonment which may extend to 3 (three) months.

Section 10 - Exemption from accusation on condition of initiatives to stop child marriage

Notwithstanding anything contained in any other provision of this Act, where a child marriage is initiated but not solemnized, and the accused submits, in the manner prescribed by rules, an affidavit or bond stating that he shall not be involved in a child marriage in future and take initiatives to prevent child marriage in his locality, then the court, if it thinks to be fit, may exempt him from the charge framed against him.

Section 11 - Punishment of Marriage Registrar for registering a child marriage, cancellation of license

If any Marriage Registrar registers a child marriage, it shall be an offence, and for this, he shall be punished with imprisonment which may extend to 2 (two) years but not less than 6 (six) months, or with fine which may extend to 50 (fifty) thousand Taka, or with both, and in default of payment of the fine, shall be punished with imprisonment which may extend to 3 (Three) months, and his license or appointment shall be cancelled.
Explanation : For the purpose of this section, “Marriage Registrar” means a Nikah Registrar licensed under the Muslim Marriages and Divorces (Registration) Act, 1974 (Act No LII of 1974) and a Marriage Registrar appointed under the Christian Marriage Act, 1872 (Act No. XV of 1872), the Special Marriage Act, 1872 (Act No. III of 1872) and the Hindu Marriage Registration Act, 2012 (Act No. XL of 2012).

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