THE PROHIBITION OF CHILD MARRIAGE ACT, 2006 
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ARRANGEMENT OF SECTIONS 
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SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 
3.  Child marriages to be voidable at the option of contracting party being a child. 
4.  Provision for maintenance and residence to female contracting party to child marriage. 
5.  Custody and maintenance of children of child marriages. 
6.  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 adult marrying a child. 
10.  Punishment for solemnising a child marriage. 
11.  Punishment for promoting or permitting solemnisation of child marriages. 
12.  Marriage of a minor child to be void in certain circumstances. 
13.  Power of court to issue injunction prohibiting child marriages. 
14.  Child marriages in contravention of injunction orders to be void. 
15.  Offences 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. 

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THE PROHIBITION OF CHILD MARRIAGE ACT, 2006 

ACTNO. 6 OF2007 

[10th January, 2007.] 

An  Act  to  provide  for  the  prohibition  of  solemnisation  of  child  marriages  and  for  matters 

connected therewith or incidental thereto. 

BE it enacted by Parliament in the Fifty-seventh Year of the Republic of India as follows:— 

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 India1***; and it applies also to all citizens of India without and beyond 

India: 

Provided that  nothing  contained  in this  Act  shall apply  to  the  Renoncants  of  the  Union territory  of 

Pondicherry. 

(3)  It  shall  come  into  force  on  such  date2  as  the  Central  Government  may,  by  notification  in  the 
Official Gazette, appoint; and different dates may be appointed for different States and any reference in 
any provision to the commencement of this Act shall be construed in relation to any State as a reference 
to the coming into force of that provision in that State. 

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 solemnised; 

(d)  “Child  Marriage  Prohibition  Officer”  includes  the  Child  Marriage  Prohibition  Officer 

appointed under sub-section (1) of section 16; 

(e) “district court” means, in any area for which a Family Court established under section 3 of the 
Family Courts Act, 1984 (66 of 1984) exists, such Family Court, and in any area for which there is no 
Family Court but a city civil court exists, that court and in any other area, the principal civil court of 
original  jurisdiction  and  includes  any  other  civil  court  which  may  be  specified  by  the  State 
Government, by notification in the Official Gazette, as having jurisdiction in respect of the matters 
dealt with in this Act; 

(f) “minor” means a person who, under the provisions of the Majority Act, 1875 (9 of 1875), is to 

be deemed not to have attained his majority. 

3. Child marriages to be voidable at the option of contracting party being a child.—(1) Every 
child marriage, whether solemnised before or after the commencement of this Act, shall be voidable at the 
option of the contracting party who was a child at the time of the marriage: 

Provided  that  a  petition  for  annulling  a  child  marriage  by  a  decree  of  nullity  may  be  filed  in  the 

district court only by a contracting party to the marriage who was a child at the time of the marriage. 

(2) If at the time of filing a petition, the petitioner is a minor, the petition may be filed through his or 

her guardian or next friend along with the Child Marriage Prohibition Officer. 

(3)  The  petition  under  this  section  may  be  filed  at  any  time  but  before  the  child  filing  the  petition 

completes two years of attaining majority. 

1.  The  words  “except  the  State  of  Jammu  and  Kashmir”  omitted  by  Act  34  of  2019,  s.  95  and  the  Fifth  Schedule  

(w.e.f. 31-10-2019). 

2. 1st November, 2007, vide notification No. S.O. 1850(E), dated 30th October, 2007, see Gazette of India, Extraordinary, Part II, 

sec. 3(ii). 

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 (4)  While  granting  a  decree  of  nullity  under  this  section,  the  district  court  shall  make  an  order 
directing both the parties to the marriage and their parents or their guardians to return to the other party, 
his  or  her  parents  or  guardian,  as  the  case  may  be,  the  money,  valuables,  ornaments  and  other  gifts 
received on the occasion of the marriage by them from the other side, or an amount equal to the value of 
such valuables, ornaments, other gifts and money: 

Provided that no order under this section shall be passed unless the concerned parties have been given 

notices to appear before the district court and show cause why such order should not be passed. 

Karnataka 

STATE AMENDMENTS 

Substitution of section 3.—In the Prohibition of Child Marriage Act, 2006 (Central Act 6 of 2007) 
(hereinafter  referred  to  as  the  principal  Act),  In  section  3,  after  sub-section  (1)  the  following  shall  be 
inserted, namely;— 

“(1A) Notwithstanding anything contained in sub-section (1) every child marriage solemnized on or 
after  the  date  of  coming  into  force  of  the  Prohibition  of  Child  Marriage  (Karnataka  Amendment)  Act, 
2016 shall be void abinitio”. 

[Vide Karnataka Act 26 of 2017, s. 2]. 

4. Provision for maintenance and residence to female contracting party to child marriage.—(1) 
While  granting  a  decree  under  section  3,  the  district  court  may  also  make  an  interim  or  final  order 
directing the male contracting party to the child marriage, and in case the male contracting party to such 
marriage  is  a  minor,  his  parent  or  guardian  to  pay  maintenance  to  the  female  contracting  party  to  the 
marriage until her remarriage. 

(2) The quantum of maintenance payable shall be determined by the district court having regard to the 
needs of the child, the lifestyle enjoyed by such child during her marriage and the means of income of the 
paying party. 

(3) The amount of maintenance may be directed to be paid monthly or in lump sum. 

(4) In case the party making the petition under section 3 is the female contracting party, the district 

court may also make a suitable order as to her residence until her remarriage. 

5. Custody and maintenance of children of child marriages.—(1) Where there are children born of 

the child marriage, the district court shall make an appropriate order for the custody of such children. 

(2) While making an order for the custody of a child under this section, the welfare and best interests 

of the child shall be the paramount consideration to be given by the district court. 

(3)  An  order  for  custody  of  a  child  may  also  include  appropriate  directions  for  giving  to  the  other 
party  access  to  the  child  in  such  a  manner  as  may  best  serve  the  interests  of  the  child,  and  such  other 
orders as the district court may, in the interest of the child, deem proper. 

(4) The district court may also make an appropriate order for providing maintenance to the child by a 

party to the marriage or their parents or guardians. 

6.  Legitimacy  of  children  born  of  child  marriages.—Notwithstanding  that  a  child  marriage  has 
been annulled by a decree of nullity under section 3, every child begotten or conceived of such marriage 
before the decree is made, whether born before or after the commencement of this Act, shall be deemed to 
be a legitimate child for all purposes. 

7. Power of district court to modify orders issued under section 4 or section 5.—The district court 
shall have the power to add to, modify or revoke any order made under section 4 or section 5 and if there 
is any change in the circumstances at any time during the pendency of the petition and even after the final 
disposal of the petition. 

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 

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place where the defendant or the child resides, or where the marriage was solemnised or where the parties 
last resided together or the petitioner is residing on the date of presentation of the petition. 

9.  Punishment  for  male  adult  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 fine which may extend to one lakh rupees or with both. 

Karnataka 

STATE AMENDMENTS 

Amendment  of  section  9.—In  section  9  of  the  principal  Act,  for  the  words  “be  punishable  with 
rigorous  imprisonment  which  may  extend  to  two  years”,  the  words  “be  punishable  with  rigorous 
imprisonment of not less one year which may extend up to two years” shall be substituted. 

[Vide Karnataka Act 26 of 2017, s. 3]. 

10. Punishment for solemnising 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. 

Karnataka 

STATE AMENDMENTS 

Amendment of section 10.—In section 10 of the principal Act, for the words “be punishable with 
rigorous  imprisonment  which  may  extend  to  two  years,”  the  words  “be  punishable  with  rigorous 
imprisonment of not less than one year which may extend up to two years” shall be substituted. 

[Vide Karnataka Act 26 of 2017, s. 4]. 

11.  Punishment  for  promoting  or  permitting  solemnisation  of  child  marriages.—(1)  Where  a 
child contracts a child marriage, any person having charge of the child, whether as parent or guardian or 
any other person or in any other capacity, lawful or unlawful, including any member of an organisation or 
association  of  persons  who  does  any  act  to  promote  the  marriage  or  permits  it  to  be  solemnised,  or 
negligently  fails  to  prevent  it  from  being  solemnised,  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 solemnised. 

Karnataka 

STATE AMENDMENTS 

Amendment of section 11.—In section 11 of the principal Act, in sub-section (1),— 

(a)  for  the  words  “be  punishable  with  rigorous  imprisonment  which  may  extend  to  two  years”, the 
words “be punishable with a rigorous imprisonment of not less than one year which may extend up to two 
years” shall be substituted. 

(b) proviso shall be  omitted. 

[Vide Karnataka Act 26 of 2017, s. 5]. 

12.  Marriage  of  a  minor  child  to  be  void  in  certain  circumstances.—Where  a  child,  being  a 

minor— 

(a) is taken or enticed out of the keeping of the lawful guardian; or 

(b) by force compelled, or by any deceitful means induced to go from any place; or 

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(c) is sold for the purpose of marriage; and made to go through a form of marriage or if the minor 

is married after which the minor is sold or trafficked or used for immoral purposes, 

such marriage shall be null and void. 

13.  Power  of  court  to  issue  injunction  prohibiting  child  marriages.—(1)  Notwithstanding 
anything  to  the  contrary  contained  in  this  Act,  if,  on  an  application  of  the  Child  Marriage  Prohibition 
Officer  or  on  receipt  of  information  through  a  complaint  or  otherwise  from  any  person,  a  Judicial 
Magistrate of the first class or a Metropolitan Magistrate is satisfied that a child marriage in contravention 
of  this  Act  has  been  arranged  or  is  about  to  be  solemnised,  such  Magistrate  shall  issue  an  injunction 
against any person including a member of an organisation or an association of persons prohibiting such 
marriage. 

(2)  A  complaint  under  sub-section  (1)  may  be  made  by  any  person  having  personal  knowledge  or 
reason  to  believe,  and  a  non-governmental  organisation  having  reasonable  information,  relating  to  the 
likelihood of taking place of solemnisation of a child marriage or child marriages. 

(3) The Court of the Judicial Magistrate of the first class or the Metropolitan Magistrate may also take 

suomotu cognizance on the basis of any reliable report or information. 

(4)  For  the  purposes  of  preventing  solemnisation  of  mass  child  marriages  on  certain  days  such  as 
AkshayaTrutiya, the District Magistrate shall be deemed to be the Child Marriage Prohibition Officer with 
all powers as are conferred on a Child Marriage Prohibition Officer by or under this Act. 

(5) The District Magistrate shall also have additional powers to stop or prevent solemnisation of child 
marriages and for this purpose, he may take all appropriate measures and use the minimum force required. 

(6)  No  injunction  under  sub-section  (1)  shall  be  issued  against  any  person  or  member  of  any 
organisation  or  association  of  persons  unless  the  Court  has  previously  given  notice  to  such  person, 
members of the organisation or association of persons, as the case may be, and has offered him or them an 
opportunity to show cause against the issue of the injunction: 

Provided that in the case of any urgency, the Court shall have the power to issue an interim injunction 

without giving any notice under this section. 

(7) An injunction issued under sub-section (1) may be confirmed or vacated after giving notice and 

hearing the party against whom the injunction was issued. 

(8) The Court may either on its own motion or on the application of any person aggrieved, rescind or 

alter an injunction issued under sub-section (1). 

(9)  Where  an  application  is  received  under  sub-section  (1),  the  Court  shall  afford  the  applicant  an 
early opportunity of appearing before it either in person or by an advocate and if the Court, after hearing 
the applicant rejects the application wholly or in part, it shall record in writing its reasons for so doing. 

(10) Whoever knowing that an injunction has been issued under sub-section (1) against him disobeys 
such injunction shall be punishable with imprisonment of either description for a term which may extend 
to two years or with fine which may extend to one lakh rupees or with both: 

Provided that no woman shall be punishable with imprisonment. 

STATE AMENDMENTS 

Karnataka 

Amendment of section 13.—In section 13 of the principal Act, in sub-section (10), — 

(a) for the words “of either description for a term which may extend to two years”, the words “with a 

minimum term of one year, which may extent up to two years” shall be substituted. 

(b) proviso shall be omitted. 

[Vide Karnataka Act 26 of 2017, s. 6]. 

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14.  Child  marriages  in  contravention  of  injunction  orders  to  be  void.—Any  child  marriage 
solemnised in contravention of an injunction order issued under section 13, whether interim or final, shall 
be void ab initio. 

15. Offences to be cognizable and non-bailable.—Notwithstanding anything contained in the Code 
of Criminal Procedure, 1973 (2 of 1974), an offence punishable under this Act shall be cognizable and 
non-bailable. 

Karnataka 

STATE AMENDMENTS 

Insertion of new section 15A.—In the principal Act, after section 15, the following shall be inserted, 

namely:— 

“15A. Police Officer to take cognizance of an offence suo-motto.—Every Police Officer shall take 

cognizance of an offence committed in his jurisdiction under this Act, suo motto.” 

[Vide Karnataka Act 26 of 2017, s. 7]. 

16. Child Marriage Prohibition Officers.—(1) The State Government shall, by notification in the 
Official Gazette, appoint for the whole State, or such part thereof as may be specified in that notification, 
an officer or officers to be known as the Child Marriage Prohibition Officer having jurisdiction over the 
area or areas specified in the notification. 

(2)  The  State  Government  may  also  request  a  respectable  member  of  the  locality  with  a  record  of 
social service or an officer of the Gram Panchayat or Municipality or an officer of the Government or any 
public  sector  undertaking  or  an  office  bearer  of  any  non-governmental  organisation  to  assist  the  Child 
Marriage  Prohibition  Officer  and  such  member,  officer  or  office  bearer,  as  the  case  may  be,  shall  be 
bound to act accordingly. 

(3) It shall be the duty of the Child Marriage Prohibition Officer— 

(a) to prevent solemnisation of child marriages by taking such action as he may deem fit; 

(b) to collect evidence for the effective prosecution of persons contravening the provisions of this 

Act; 

(c)  to  advise  either  individual  cases  or  counsel  the  residents  of  the  locality  generally  not  to 

indulge in promoting, helping, aiding or allowing the solemnisation of child marriages; 

(d) to create awareness of the evil which results from child marriages; 

(e) to sensitize the community on the issue of child marriages; 

(f) to furnish such periodical returns and statistics as the State Government may direct; and 

(g)  to  discharge  such  other  functions  and  duties  as  may  be  assigned  to  him  by  the  State 

Government. 

(4) The State Government may, by notification in the Official Gazette, subject to such conditions and 
limitations, invest the Child Marriage Prohibition Officer with such powers of a police officer as may be 
specified in the notification and the Child Marriage Prohibition Officer shall exercise such powers subject 
to such conditions and limitations, as may be specified in the notification. 

(5) The Child Marriage Prohibition Officer shall have the power to move the Court for an order under 

sections 4, 5 and 13 and along with the child under section 3. 

17. Child Marriage Prohibition Officers to be public servants.—The Child Marriage Prohibition 
Officers shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code 
(45 of 1860). 

18. Protection of action taken in good faith.—No suit, prosecution or other legal proceedings shall 
lie against the Child Marriage Prohibition Officer in respect of anything in good faith done or intended to 
be done in pursuance of this Act or any rule or order made thereunder. 

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19. Power of State Government to make rules.—(1) The State Government may, by notification in 

the Official Gazette, make rules for carrying out the provisions of this Act. 

(2) Every rule made under this Act shall, as soon as may be after it is made, be laid before the State 

Legislature. 

20. Amendment of Act No. 25 of 1955.—In the Hindu Marriage Act, 1955, in section 18, for clause 

(a), the following clause shall be substituted, namely:— 

“(a)  in  the  case  of  contravention  of  the  condition  specified  in  clause  (iii)  of  section  5,  with 
rigorous  imprisonment  which  may  extend  to  two  years  or  with  fine  which  may  extend  to  one  lakh 
rupees, or with both”. 

21.  Repeal  and  savings.—(1)  The  Child  Marriage  Restraint  Act,  1929  (19  of  1929)  is  hereby 

repealed. 

(2) Notwithstanding such repeal, all cases and other proceedings pending or continued under the said 
Act  at  the  commencement  of  this  Act  shall  be  continued  and  disposed  of  in  accordance  with  the 
provisions of the repealed Act, as if this Act had not been passed. 

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