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
For the purpose of proving age of a male or female who is in marriage or intends to contract a marriage, the birth certificate, national identity card, secondary school certificate or an equivalent certificate, junior school certificate or an equivalent certificate, primary school certificate or an equivalent certificate or passport shall be considered as a legal document.
(1) Money realized under this Act from imposition of fine shall be paid as compensation to the aggrieved party. Explanation : For the purpose of sub-section (1), “aggrieved party” means the party of a child marriage who is a minor.
(2) Notwithstanding anything contained in sub-section (1), fine realized under sub-section (2) of section 7 shall be deposited to the government treasury.
The offences committed under this Act shall be cognizable, bailable and non-compoundable.
Notwithstanding anything contained in any other law for the time being in force, the court may, in case of disposal of a complaint or any proceedings, make local inquiry of its own to ascertain the truth of the incidence, or may direct any government official or any representative of local government or any other person to make such inquiry, and such an inquiry shall have to be completed within 30 (thirty) working days :
Provided that if such an inquiry cannot be completed within the aforesaid time limit on reasonable grounds, the inquiry shall be completed within an additional period of 15 (fifteen) working days for reasons to be recorded in writing and the court shall be informed thereof in writing.
Notwithstanding anything contained in any other law for the time being in force, the Mobile Court may impose penalty for the offences committed under this Act, subject to inclusion of this Act in the Schedule of the Mobile Court Act, 2009 (Act No. LIX of 2009).
No court shall take cognizance of an offence under this Act after the expiry of 2 (two) years from the date on which the offence is alleged to have been committed. mentions that no court shall take cognizance of any offence if not filed within two years of the alleged offence to have been committed.
Notwithstanding anything contained in any other provision of this Act, if a marriage is solemnized in such manner and under such special circumstances as may be prescribed by rules in the best interests of the minor, at the directions of the court and with consent of the parents or the guardian of the minor, as the case may be, it shall not be deemed to be an offence under this Act.