1. Short title, extent, and commencement.
2. Definitions.
3. Child marriages to be voidable at the option of the contracting party being a child.
4. Provision for maintenance and residence to a female contracting party to child marriage.
5. Custody and maintenance of children of child marriages.
6. The legitimacy of children born of, child marriages.
7. Power of district court to modify orders issued under section 4 or section 5.
8. Court to which petition should be made.
9. Punishment for male adults marrying a child.
10. Punishment for solemnizing a child marriage.
11. Punishment for promoting or permitting solemnization of child marriages.
12. Marriage of a minor child to be void in certain circumstances.
13. Power of court to issue an injunction prohibiting child marriage.
14. Child marriages in contravention of injunction orders to be void.
15. Offenses to be cognizable and non-bailable.
16. Child Marriage Prohibition Officers.
17. Child Marriage Prohibition Officers to be public servants.
18. Protection of action taken in good faith.
19. Power of State Government to make rules.
20. Amendment of Act No. 25 of 1955.
21. Repeal and savings.
1. Short title, extent, and commencement. :-(1) This Act may be called the Prohibition of Child Marriage Act, 2006. (2) It extends to the whole of India, and it applies also to all citizens of India without and beyond India: 2. Definitions.: In this Act, unless the context otherwise requires,(a) “child” means a person who, if a male, has not completed twenty-one years 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”, in relation to a marriage, means either of the parties whose marriage is or is about to be thereby solemnized;(d) “Child Marriage Prohibition Officer” includes the Child Marriage Prohibition Officer appointed under sub-section (1) of section 16; 8. Court to which petition should be made. For the purpose of grant of reliefs under sections 3, 4, and 5, the district court having jurisdiction shall include the district court having jurisdiction over the place where the defendant or the child resides, or where the marriage was solemnized or where the party last resided together or the petitioner is residing on the date of presentation of the petition. 9. Punishment for male adults marrying a child. Whoever, being a male adult above eighteen years of age, contracts a child marriage shall be punishable with rigorous imprisonment which may extend to two years or with a fine which may extend to one lakh rupees or with both. 10. Punishment for solemnizing a child marriage. Whoever performs, conducts, directs, or abets any child marriage shall be punishable with rigorous imprisonment which may extend to two years, and shall be liable to fine which may extend to one lakh rupees unless he proves that he had reasons to believe that the marriage was not a child marriage. 11. Punishment for promoting or permitting solemnization of child marriages. (1) Where a child contracts a child marriage, any person having charge of the child, whether a parent or guardian or any other person or in any other capacity, lawful or unlawful, including any member of an organization or association of persons who does any act to promote the marriage or permits it to be solemnized, or negligently fails to prevent it from being solemnized, including attending or participating in a child marriage shall be punishable with rigorous imprisonment which may extend to two years and shall also be liable to fine which may extend up to one lakh rupees: Provided that no woman shall be punishable with imprisonment. (2) For the purposes of this section, it shall be presumed, unless and until the contrary is proved, that where a minor child has contracted a marriage, the person having charge of such minor child has negligently failed to prevent the marriage from being solemnized. 14. Child marriages in contravention of injunction orders to be void.—Any child marriage solemnized in contravention of an injunction order issued under section 13, whether interim or final, shall be void ab initio. 15. Offenses to be cognizable and non-bailable. Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an offense punishable under this Act shall be cognizable and non-bailable. “15A. Police Officer to take cognizance of an offense suo-motto. Every Police Officer shall take cognizance of an offence committed in his jurisdiction under this Act, suo motto.”
