Brief

The Prohibition of Child Marriage Act, 2006 is an act that aims to prohibit and prevent child marriages in India. The act defines a child as a person who has not completed twenty-one years of age if male or eighteen years of age if female.


The act makes child marriages voidable at the option of the contracting party being a child. It also provides for provisions for maintenance and residence to a female contracting party to a child marriage, as well as custody and maintenance of children born of such marriages.


If a person above eighteen years of age contracts a child marriage, they can be punished with rigorous imprisonment which may extend to two years or with fine which may extend to one lakh rupees or with both. Similarly, if someone performs or abets any child marriage, they can also face punishment under the act.


The act has amendments and additions made to it by various state governments, including Karnataka, through state amendment acts such as 26 of 2017.


Additionally, the act makes provisions for cognizable and non-bailable offenses and appoints Child Marriage Prohibition Officers to prevent child marriages. The officers are deemed public servants within the meaning of section 21 of the Indian Penal Code.


The act also provides protection to the actions taken in good faith by the Child Marriage Prohibition Officer, and allows the state government to make rules for carrying out its provisions.


Overall, the Prohibition of Child Marriage Act, 2006 aims to prevent child marriages and provide protection to children who are victims of such marriages.

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