Prohibition of Child Marriage Act, 2006

S.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 ¹***; 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.

S.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

S.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.

S.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 suitabl

S.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.

S.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.

S.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.

S.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 solemnised or where the parties last resided together or the petitioner is residing on the date of presentation of the petition.

S.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.

STATE AMENDMENT

Karnataka

S.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 pers

S.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

(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.

S.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

S.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.

S.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).

S.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.

S.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.

S.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".

S.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.

S.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.

Legal Commentary on Section 16 of the Prohibition of Child Marriage Act, 2006

Introduction

Section 16 of the Prohibition of Child Marriage Act, 2006 (PCMA) is a crucial provision that mandates the appointment of Child Marriage Prohibition Officers (CMPOs) at the state and district levels. These officers are tasked with implementing the provisions of the Act, including preventing child marriages, collecting evidence for prosecution, creating awareness, and ensuring enforcement. The section underscores the state's role in actively combating the evil of child marriage through institutional mechanisms and community engagement.

What does Section 16 Say?

Section 16 authorizes the State Government to appoint Child Marriage Prohibition Officers (CMPOs). It details their duties, powers, and responsibilities, which include:- Preventing solemnization of child marriages.- Collecting evidence for effective prosecution.- Advising and counseling communities and individuals.- Creating awareness about the evils of child marriage.- Furnishing periodic reports and statistics.- Discharging other functions as assigned by the State Government.

Additionally, subsection (3) explicitly empowers the CMPO to take necessary action to prevent child marriages, including moving courts for injunctions, filing cases, and initiating proceedings under the Act.

Essential Ingredients

Appointment of CMPOs by the State Government.
Duties and functions assigned to CMPOs, including prevention, evidence collection, and awareness.
Legal authority to file petitions, seek injunctions, and initiate prosecutions.
Community involvement through active vigilance and reporting.
Mechanism for enforcement at district and state levels to curb child marriages.

Scope of Section 16

Section 16 covers:- The institutional setup for enforcement via appointment of CMPOs.- The broad scope of duties, including proactive and reactive measures.- The power to move courts for injunctions and initiate prosecutions.- The obligation of the State to ensure effective implementation.- The role of community and citizens in reporting child marriages.- The section's applicability across all states, ensuring uniform enforcement.

Punishment for Violations

While Section 16 itself does not prescribe punishment, it facilitates enforcement mechanisms for provisions that do:- Offenders involved in solemnizing child marriages can be prosecuted under Sections 10 and 11 of the Act, which provide for penalties including imprisonment and fines.- The section supports proactive measures to prevent violations, thereby indirectly contributing to the penal framework.

Legal Comments (Summary with References)

Appointment of CMPOs - The section mandates the State to appoint officers at district and state levels to enforce the Act effectively [Jago Foundation, through its Secretary, Baidyanath Mahto VS Union of India, through its Secretary, Ministry of Women and Child Development].
Duties of CMPOs - These include preventing child marriages, collecting evidence, advising communities, and creating awareness, thus establishing a comprehensive enforcement mechanism [Jago Foundation, through its Secretary, Baidyanath Mahto VS Union of India, through its Secretary, Ministry of Women and Child Development].
Community involvement - Citizens and NGOs are under a duty to inform CMPOs or courts about impending child marriages; this promotes participatory enforcement [Jago Foundation, through its Secretary, Baidyanath Mahto VS Union of India, through its Secretary, Ministry of Women and Child Development].
Power to move courts - CMPOs have the authority to file petitions for injunctions under Section 13, reinforcing preventive action [Jago Foundation, through its Secretary, Baidyanath Mahto VS Union of India, through its Secretary, Ministry of Women and Child Development].
Injunctions and orders - Courts are empowered to issue injunctions to prohibit child marriages, which are integral to enforcement under Section 16 [Jago Foundation, through its Secretary, Baidyanath Mahto VS Union of India, through its Secretary, Ministry of Women and Child Development].
Mechanism for complaints - The section emphasizes that complaints can be filed in any form (written, oral, email), facilitating community reporting [Jago Foundation, through its Secretary, Baidyanath Mahto VS Union of India, through its Secretary, Ministry of Women and Child Development].
Suo motu action - Judicial Magistrates can suo motu take cognizance of information or reports regarding child marriages, ensuring active judicial oversight [Jago Foundation, through its Secretary, Baidyanath Mahto VS Union of India, through its Secretary, Ministry of Women and Child Development].
Integration with other laws - The section supports the coordination with juvenile justice laws (Section 94 of JJ Act) and criminal procedures (Cr.P.C.) for effective enforcement [Sakthi @ Sakthivel VS State, Rep. by the The Inspector of Police, Dharmapuri].
Prohibition of solemnization - The section aligns with the objective of the Act to prohibit child marriages, making enforcement proactive and preventive rather than merely punitive [Jago Foundation, through its Secretary, Baidyanath Mahto VS Union of India, through its Secretary, Ministry of Women and Child Development].
Legal framework for prosecution - The section underpins the legal process for prosecution, aiding in the collection of evidence and filing of cases against offenders [Jago Foundation, through its Secretary, Baidyanath Mahto VS Union of India, through its Secretary, Ministry of Women and Child Development].
Awareness programs - The duty to create awareness and sensitize communities is vital for changing social norms and reducing child marriages [Jago Foundation, through its Secretary, Baidyanath Mahto VS Union of India, through its Secretary, Ministry of Women and Child Development].
Overriding personal laws - The section and the Act as a whole override personal laws, including Muslim Personal Law, in matters of child marriage, emphasizing the uniformity and supremacy of the law [Vivek VS State of Uttarakhand].
International obligations - The enforcement aligns with international treaties like the Convention on the Rights of the Child, which advocate for the protection of minors from child marriage [Society for Enlightenment and Voluntary Action VS Union of India].
Legal protection to officers - Actions taken in good faith by CMPOs are protected under Section 18, shielding them from legal liability [Jago Foundation, through its Secretary, Baidyanath Mahto VS Union of India, through its Secretary, Ministry of Women and Child Development].
Monitoring and reporting - The section provides for periodic reporting by CMPOs, ensuring accountability and transparency in enforcement efforts [Jago Foundation, through its Secretary, Baidyanath Mahto VS Union of India, through its Secretary, Ministry of Women and Child Development].
Preventive and punitive dual approach - The section facilitates a dual approach—preventing child marriages and penalizing violations—by empowering officers and courts [Jago Foundation, through its Secretary, Baidyanath Mahto VS Union of India, through its Secretary, Ministry of Women and Child Development].
Role of NGOs and citizens - Citizens and NGOs are integral to the enforcement framework, with legal obligations to report suspected child marriages [Jago Foundation, through its Secretary, Baidyanath Mahto VS Union of India, through its Secretary, Ministry of Women and Child Development].
Holistic enforcement mechanism - Section 16, in conjunction with other provisions, creates a holistic mechanism for eradication of child marriages, combining legal, social, and administrative measures [Moidutty Musliyar, S/o. Aboobacker VS Sub-Inspector Vadakkencherry Police Station, Palakkad District].

Conclusion

Section 16 of the Prohibition of Child Marriage Act, 2006, is a pivotal provision that establishes the institutional and procedural backbone for combating child marriages. It empowers the State to appoint dedicated officers, mandates community participation, and provides for proactive judicial intervention. Its effective implementation is essential for realizing the constitutional and international objectives of protecting minors from early and harmful marriages.

**- [Jago Foundation, through its Secretary, Baidyanath Mahto VS Union of India, through its Secretary, Ministry of Women and Child Development]- [Sakthi @ Sakthivel VS State, Rep. by the The Inspector of Police, Dharmapuri]- [Vivek VS State of Uttarakhand]- [Society for Enlightenment and Voluntary Action VS Union of India]- [Moidutty Musliyar, S/o. Aboobacker VS Sub-Inspector Vadakkencherry Police Station, Palakkad District]

S.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.

STATE AMENDMENT

Legal Commentary on Section 10 of the Prohibition of Child Marriage Act, 2006

Introduction

Section 10 of the Prohibition of Child Marriage Act, 2006, prescribes the punishment for those who perform, conduct, direct, or abet a child marriage. The provision aims to deter the solemnization and promotion of child marriages, which are recognized as social evils and violations of constitutional rights. The section underscores the importance of strict penalties to uphold the law's objective of protecting minors from early and forced marriages.

What does Section 10 Say

Section 10 states that:

"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 a 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."

This provision criminalizes the act of facilitating or participating in the solemnization of a child marriage, with a prescribed punishment and a proviso that acts with honest belief that the marriage was not of a child are exempted.

Essential Ingredients

Perpetrator: Any person who performs, conducts, directs, or abets the marriage.
Child Marriage: A marriage where either party is a child (female below 18 years, male below 21 years).
Mens Rea (Knowledge/Intent): The act must be committed intentionally; however, if the accused proves they had reasons to believe the marriage was not of a child, they may be exempted.
Conduct: Includes acts like officiating, arranging, or encouraging the marriage.
Abetment: Aiding, encouraging, or facilitating the act.

Scope of Section 10

Applicability: The section applies to all persons involved in the solemnization of child marriages, including religious officiants, parents, guardians, and others who actively participate.
Protection of Minors: It aims to prevent child marriages irrespective of religion, caste, or community, emphasizing the law's universal applicability.
Legal Exemptions: The act provides a defense if the accused can prove they had reasons to believe the marriage was not of a child, underscoring the importance of intent and honest belief.
Preventive and Punitive: The section not only punishes those who perform or abet but also acts as a deterrent against facilitating child marriages.

Punishment for Section 10

Imprisonment: Rigorous imprisonment for up to two years.
Fine: Up to one lakh rupees.
Liability: Both individuals performing the marriage and those abetting it can be prosecuted.
Additional Penalties: The law allows for enhanced penalties in certain cases, especially where the act involves exploitation or trafficking.

Legal Comments (Summary with References)

"Criminalization of acts" - Section 10 criminalizes performing, conducting, directing, or abetting child marriages, emphasizing deterrence. [Source: "Prohibition of Child Marriage Act, 2006"]
"Universal applicability" - The section applies across all communities, regardless of religious or customary laws, overriding personal laws that permit child marriage. [Source: "Moidutty Musliyar VS Sub Inspector Vadakkencherry Police Station"]
"Mens Rea and honest belief" - The section provides a defense if the accused can prove they had reasons to believe the marriage was not of a child, highlighting the importance of genuine belief. [Source: "Moidutty Musliyar, S/o. Aboobacker VS Sub-Inspector Vadakkencherry Police Station, Palakkad District"]
"Strict punishment" - The law prescribes up to two years of rigorous imprisonment and a fine, reflecting the serious stance against child marriage. [Source: ""]
"Liability of facilitators" - Religious officiants, parents, guardians, and other facilitators are liable under this section, extending the scope of criminal liability. [Source: "Moidutty Musliyar VS Sub Inspector Vadakkencherry Police Station"]
"Protection of minors" - The law aims to protect minors from early marriages, which violate their fundamental rights under Articles 14, 15, and 21 of the Constitution. [Source: "Sherina VS State Of Kerala"]
"Overriding personal laws" - The Act overrides personal laws and customary practices that permit child marriage, asserting the supremacy of statutory law. [Source: "Moidutty Musliyar VS Sub Inspector Vadakkencherry Police Station"]
"Preventive approach" - The section supports proactive measures, including enforcement, awareness, and registration of marriages, to prevent child marriages. [Source: "Punarjani Charitable Trust VS State of Kerala"]
"Legal obligation" - The law places a duty on citizens, religious officials, and authorities to prevent and report child marriages. [Source: "Panbai D/o Lallu Lal Saini VS Bhagwan Sahai S/o Giriraj Saini"]
"Judicial activism" - Courts have emphasized strict enforcement of Section 10 to uphold constitutional rights and prevent social harm. [Source: "Sakthi @ Sakthivel VS State, Rep. by the The Inspector of Police, Dharmapuri"]
"Exemption clause" - The provision allows a defense if the accused proves they believed the marriage was not of a child, emphasizing the importance of honest intention. [Source: "Moidutty Musliyar, S/o. Aboobacker VS Sub-Inspector Vadakkencherry Police Station, Palakkad District"]
"Punishment for abetment" - The law punishes those who abet or facilitate child marriages, including those who conduct or officiate. [Source: ""]
"Deterrent effect" - The maximum two-year imprisonment aims to serve as a deterrent against child marriage and related activities. [Source: ""]
"Legal recognition" - The section criminalizes acts that would otherwise be seen as socially acceptable under personal laws, asserting legal sovereignty over social customs. [Source: "Moidutty Musliyar VS Sub Inspector Vadakkencherry Police Station"]
"Community involvement" - The Act encourages community participation, including religious and social leaders, to prevent child marriages. [Source: "Punarjani Charitable Trust VS State of Kerala"]
"Legal consequences" - Conviction under Section 10 results in imprisonment and fines, with possible implications for social and legal rights of the offenders. [Source: ""]
"Protection of minors' rights" - The law aligns with constitutional and international commitments to protect children's rights and prevent early marriages. [Source: "Sherina VS State Of Kerala"]
"Legal liability of religious officials" - Priests, priests, or officiants performing child marriages are explicitly liable under this section, reinforcing the law's reach. [Source: "Mahadev S/o Shri Channappa Honappanavar VS State of Rajasthan"]
"Enforcement challenges" - Despite the provisions, enforcement depends on active reporting, registration, and police action, which courts have emphasized must be strengthened. [Source: "Jago Foundation, through its Secretary, Baidyanath Mahto VS Union of India, through its Secretary, Ministry of Women and Child Development"]

Conclusion

Section 10 of the Prohibition of Child Marriage Act, 2006, plays a pivotal role in criminalizing the act of performing, conducting, directing, or abetting child marriages. Its broad scope covers all persons involved, with strict penalties designed to serve as a deterrent. The section reinforces the constitutional mandate to protect minors' rights, overrides customary and personal laws, and emphasizes the importance of proactive enforcement, community awareness, and judicial vigilance to eradicate child marriage from society.

S.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.

STATE AMENDMENT

Karnataka

Insertion of new section
Legal Commentary on Section 15 of the Prohibition of Child Marriage Act, 2006
Introduction
Section 15 of the Prohibition of Child Marriage Act, 2006 (PCMA) explicitly declares that offences under the Act are to be cognizable and non-bailable. This provision underscores the seriousness with which child marriage is viewed in Indian law, emphasizing enforcement and deterrence.
What does Section 15 Say?
Section 15 states: "Offences under this Act shall be cognizable and non-bailable." It applies to all offences committed in contravention of the Act, including solemnization, promotion, or abetment of child marriages.
Essential Ingredients
Cognizable Offence: The police can register FIR and start investigation without prior approval of a magistrate.
Non-bailable: Accused persons cannot be released on bail as a matter of right; bail is at the discretion of the court, considering the gravity of the offence.
Applicability: Extends to offences related to child marriage, including solemnization, promotion, or abetment.
Scope of Section 15
Encompasses all offences under the PCMA, including:
Performing child marriages.
Abetting or promoting child marriages.
Offences committed in contravention of injunction orders.
Ensures prompt police action and judicial process.
Acts as a deterrent against child marriage practices.
Reinforces the state's commitment to eradicate child marriage, aligning with constitutional and international obligations.
Punishment for Section 15 Offences
While Section 15 itself does not specify punishment, it mandates that offences are cognizable and non-bailable, implying that:- Offenders can be prosecuted without prior sanction.- Penalties are prescribed under various sections of the Act, such as: - Section 9: Punishment for male adults contracting child marriage (up to 2 years imprisonment, fine). - Section 10: Punishment for solemnization of child marriage. - Section 11: Punishment for promoting or permitting child marriage.- The penalties aim to serve both punitive and deterrent purposes.
Legal Comments (Bullet Point Summary)
"Cognizable" - Enables police to register FIR and investigate without magistrate’s approval, ensuring swift action against offences. - [Sources: ""]
"Non-bailable" - Prevents accused from being released on bail as a matter of right; bail is at court’s discretion, emphasizing the seriousness of offences. - [Sources: ""]
"Universal application" - Applies to all offences related to child marriage, regardless of religion or community, reinforcing secular and inclusive approach. - [Sources: "Rahul VS Department of Local Government Punjab (Recruitment Cell), Chandigarh through Director Local, Govt. Punjab"]
"Deterrence" - The provision acts as a strong deterrent against solemnization and promotion of child marriages, aligning with the policy to eradicate such practices. - [Sources: ""]
"Enforcement mechanism" - Facilitates effective enforcement by empowering police and magistrates, including issuing injunctions and initiating prosecution. - [Sources: "Court on its Own Motion Lajja Devi VS State"]
"Protection of minors" - Ensures that offences are taken seriously to protect the rights and health of children, in line with constitutional rights under Articles 14, 15, and 21. - [Sources: "Shamsuddin VS State and Ors"]
"Legal rigidity" - The mandatory cognizable and non-bailable nature underscores the non-negotiable stance of the law against child marriage. - [Sources: ""]
"Prevention over punishment" - The law emphasizes preventive measures, including the role of Child Marriage Prohibition Officers and community awareness. - [Sources: "Court on its Own Motion Lajja Devi VS State"]
"Overriding effect" - Section 15 ensures that offences under the Act are treated with priority, overriding other procedural provisions that might delay action. - [Sources: "Panbai D/o Lallu Lal Saini VS Bhagwan Sahai S/o Giriraj Saini"]
"Legal consequences" - Establishes that violations attract severe legal consequences, including arrest, investigation, and prosecution, reinforcing the law's deterrent function. - [Sources: "Harvinder Kaur VS State of Punjab"]
"International obligation" - The provision aligns with international commitments like the Convention on the Rights of the Child, emphasizing global standards. - [Sources: "Shamsuddin VS State and Ors"]
"Legal certainty" - Clarifies that offences are cognizable and non-bailable, providing legal certainty and swift justice. - [Sources: ""]
"Empowerment of authorities" - Empowers Child Marriage Prohibition Officers and courts to act promptly, including issuing injunctions and initiating prosecution without delay. - [Sources: "Court on its Own Motion Lajja Devi VS State"]
"Community role" - Encourages citizens and NGOs to report offences, fostering community participation in eradication efforts. - [Sources: "Court on its Own Motion Lajja Devi VS State"]
"Legal consistency" - Ensures consistency in enforcement across states, as offences are cognizable and non-bailable nationwide. - [Sources: ""]
"Legal deterrent" - The mandatory nature of offences discourages violators through the threat of immediate investigation and prosecution. - [Sources: ""]
"Procedural clarity" - Provides clear procedures for police and courts to follow, reducing ambiguities in enforcement. - [Sources: "Court on its Own Motion Lajja Devi VS State"]
"Protection of victims" - Prioritizes the safety and dignity of minors by criminalizing all acts related to child marriage promptly. - [Sources: "Shamsuddin VS State and Ors"]
"Legal reinforcement" - Acts as a legal reinforcement of the policy to eliminate child marriage, supporting efforts of social reform. - [Sources: "Panbai D/o Lallu Lal Saini VS Bhagwan Sahai S/o Giriraj Saini"]
"Legal sanctions" - The provision ensures that violators face stringent sanctions, including imprisonment and fines, reinforcing the law’s authority. - [Sources: ""]
Scope and Impact
Ensures that child marriage offences are dealt with swiftly and effectively.
Serves as a legal backbone to other preventive measures, including awareness campaigns and community mobilization.
Supports the constitutional mandate of protecting minors and promoting their rights.
Facilitates the role of law enforcement agencies and judiciary in eradicating child marriage.
Conclusion
Section 15 of the Prohibition of Child Marriage Act, 2006, is a vital legal provision that underscores the seriousness of child marriage offences by making them cognizable and non-bailable. It provides the legal framework for swift investigation and prosecution, reinforcing the policy to end child marriages and safeguard children's rights in India.
Note: The references are based on the provided sources, with key points summarized for clarity.

S.1 Short title, extent and commencement.

S.2 Definitions.

S.3 Child marriages to be voidable at the option of contracting party being a child.

S.4 Provision for maintenance and residence to female contracting party to child marriage.

S.5 Custody and maintenance of children of child marriages.

S.6 Legitimacy of children born of child marriages.

S.7 Power of district court to modify orders issued under section 4 or section 5.

S.8 Court to which petition should be made.

S.9 Punishment for male adult marrying a child.

S.11 Punishment for promoting or permitting solemnisation of child marriages.

S.12 Marriage of a minor child to be void in certain circumstances.

S.13 Power of court to issue injunction prohibiting child marriages.

S.14 Child marriages in contravention of injunction orders to be void.

S.17 Child Marriage Prohibition Officers to be public servants.

S.18 Protection of action taken in good faith.

S.19 Power of State Government to make rules.

S.20 Amendment of Act No. 25 of 1955.

S.21 Repeal and savings.

S.16 Child Marriage Prohibition Officers.

Legal Commentary on Section 16 of the Prohibition of Child Marriage Act, 2006

Introduction

What does Section 16 Say?

Essential Ingredients

Scope of Section 16

Punishment for Violations

Legal Comments (Summary with References)

Conclusion

S.10 Punishment for solemnising a child marriage.

Legal Commentary on Section 10 of the Prohibition of Child Marriage Act, 2006

Introduction

What does Section 10 Say

Essential Ingredients

Scope of Section 10

Punishment for Section 10

Legal Comments (Summary with References)

Conclusion

S.15 Offences to be cognizable and non-bailable.

Legal Commentary on Section 15 of the Prohibition of Child Marriage Act, 2006

Introduction

What does Section 15 Say?

Essential Ingredients

Scope of Section 15

Punishment for Section 15 Offences

Legal Comments (Bullet Point Summary)

Scope and Impact

Conclusion

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