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In this it tells about the child marriage restraint act that the age of child getting marriage
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AILF aims at providing a Valuable Contribution to Contemporary legal issues and developments. We aim to bring out a platform to provide resourceful insights on law-related topics for the ever-growing legal fraternity. Date - 09.07. Day - Day 10 Legal Legislation
The Child Marriage Restraint Act, 1929 is an Act that was passed on the 28th of September 1929 and came into effect on the 1st of April 1930 i.e., six months after the Act was passed. This Act is popularly known as the Sarda Act after the name of its sponsor, Harbilas Sarda. This Act was the first issue of social reform which was taken up by an organized group of women in India. It fixed the age of marriage for girls at 14 years and boys at 18 years which was later amended to be 18 years and 21 years respectively.
PURPOSE OF THE ACT The Child Marriage Restraint Act, 1929 was enacted with the aim to show the world that India as a country is serious about social reforms. The main purpose of passing this Act was to take a step towards the protection of children from various kinds of consequences of child marriage such as human rights violation, sexual exploitation, denial of basic rights to a human being, subjection to physical, mental & emotional trauma, exposure to high-risk diseases, and sexual exploitation.
EXPLANATION OF SECTIONS Section 1 → Short title, extent and commencement This section states that this Act applies to the whole of India and all its citizens whether within the borders of the country or outside the country. It further states that this Act shall be named as the Child Marriage Restraint Act, 1929, and come into force on the 1st of April
Section 2 → Definitions This section defines the meaning of the terms, child, child marriage, contracting party, and minor. (a) The term ‘child’ means any person or individual who has not attained- ● the age of 21 years, in case of a male; and ● the age of 18 years, in case of a female; (b) The term ‘child marriage’ refers to a marriage in which either of the parties is a child; (c) The term ‘contracting party’ refers to either of the parties whose marriage is to be solemnized; (d) The term ‘minor’ includes any person of any gender who is under the age of 18 years. Section 3 → Punishment for male adult below twenty-one years of age marrying a child
This section states the punishment for a male who is above the age of 18 years but below the age of 21 years and is marrying or about to marry a child. The punishment prescribed is- ● simple imprisonment which may extend to 15 days; or ● fine which may extend to Rs. 1000/-; or ● both. Section 4 → Punishment for male adult above twenty-one years of age marrying a child This section states the punishment for a male who is above the age of 21 years and is marrying or about to marry a child. The punishment prescribed is simple imprisonment which may extend to 3 months along with fine. Section 5 → Punishment for solemnizing a child marriage Anyone who is caught directing or conducting any child marriage will be punishable with imprisonment which may extend to a period of 3 months and shall also be liable to fine, but if he proves that he had reason to believe that the marriage was not a child marriage he will not be liable of any. Section 6 → Punishment for parent or guardian concerned in a child marriage (1) In a case where a minor contracts a child marriage, the person who has the charge of the minor, whether a parent or guardian or in any other capacity be it 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 be punishable with simple imprisonment which may extend to three months and will also be liable to fine. And as a part of it provided that no woman shall be punishable with imprisonment. (2) As a purpose of this section, it shall be presumed that unless and until the contrary is proved, that where a minor has contracted a child marriage, the person having charge of such minor has negligently failed to prevent the marriage from being solemnized. Section 7 → Offences to be cognizable for certain purposes The Code of Criminal Procedure,1973 (2 of 1974), shall apply to offenses under this Act as if they were cognizable offenses, for the following purposes:- (a)investigation of such offenses; and (b)matters other than:- (i) matters referred to in Section 42 of that Code, and (ii) the arrest of a person without a warrant or magistrate’s order. Section 8 → Jurisdiction under this Act Apart from anything contained in Section 190 of the iii[3] Code of Criminal Procedure, 1973 (2 of 1974), no Court other than that of a Metropolitan Magistrate or a Judicial Magistrate of the first class should take cognizance of, or try, any offense under this Act. Section 9 → Mode of taking cognizance of offenses No Court will take awareness of any offense under this Act after the expiry of one year from the date on which the offense is asserted to have been done. Section 10 → Preliminary inquiries into offenses Any Court, on receipt of a complaint of an offense of which it is authorized to take cognizance, shall make an inquiry itself into the complaint under Section 202 of the Code of Criminal Procedure or direct a Magistrate subordinate to it to inquire unless and otherwise, it dismisses the complaint under Section 203 of the Code of Criminal Procedure, 1973. Section 11 → Repealed Section 12 → Power to issue an injunction prohibiting marriage in contravention of