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Child Marriage Restraint Act, 1929 [Repealed] Complete Act

Title: Child Marriage Restraint Act, 1929 [Repealed]

State: Central

Year: 1929

Preamble1 - CHILD MARRIAGE RESTRAINT ACT, 1929 Section1 - Short title, extent and commencement Section2 - Definitions Section3 - Punishment for male adult below twenty-one years of age marrying a child Section4 - Punishment for male adult above twenty-one years of age marrying a child Section5 - Punishment for solemnising a child marriage Section6 - Punishment for parent or guardian concerned in a child marriage Section7 - Offences to be cognizable for certain purposes Section8 - Jurisdiction under this Act Section9 - Mode of taking cognizance of offences Section10 - Preliminary inquiries into offences Section11 - Power to take security from complainant Section12 - Power to issue injunction prohibiting marriage in contravention of this Act

Child Marriage Restraint Act, 1929 [Repealed] Preamble 1

Title: Child Marriage Restraint Act, 1929

State: Central

Year: 1929

THE CHILD MARRIAGE RESTRAINT ACT, 1929 [Act, No. 19 of 1929]1 [1st October, 1929] PREAMBLE An Act to restrain the solemnisation of child marriages. whereas it is expedient to restrain the solemnisation of child marriages; It is hereby enacted as follows:-- ________________________ 1. This Act has been supplemented in Assam by Assam Act 27 of 1948, Section 45.

Child Marriage Restraint Act, 1929 [Repealed] Section 5

Title: Punishment for Solemnising a Child Marriage

State: Central

Year: 1929

Whoever performs, conducts or directs any child marriage shall be punishable with1[simple imprisonment which may extend to three months and shall also be liable to fine], unless he proves that he had reason to believe that the marriage was not a child marriage. ________________________ 1. Substituted by Act 41 of 1949, Section 4, for "simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both".

Child Marriage Restraint Act, 1929 [Repealed] Section 6

Title: Punishment for Parent or Guardian Concerned in a Child Marriage

State: Central

Year: 1929

(1) Where a minor contracts a child marriage, any person having charge of the minor, whether as parent or guardian or in any other capacity, lawful or unlawful, who does any act to promote the marriage or permits it to be solemnised, or negligently fails to prevent it from being solemnised, shall be punishable with1[simple imprisonment which may extend to three months and shall also be liable to fine]: 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 has contracted a child marriage, the person having charge of such minor has negligently failed to prevent the marriage from being solemnised. ________________________ 1. Substituted by Act 41 of 1949, Section 4, for "simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both".

Child Marriage Restraint Act, 1929 [Repealed] Section 3

Title: Punishment for Male Adult Below Twenty-one Years of Age Marrying a Child

State: Central

Year: 1929

Whoever, being a male above eighteen years of age and below twenty-one, contracts a child marriage1[shall be punishable with simple imprisonment which may extend to fifteen days, or with fine which may extend to one thousand rupees, or with both]. ________________________ 1. Substituted by Act 41 of 1949, Section 3 for "shall be punishable with fine which may extend to one thousand rupees".

Child Marriage Restraint Act, 1929 [Repealed] Section 4

Title: Punishment for Male Adult Above Twenty-one Years of Age Marrying a Child

State: Central

Year: 1929

Whoever, being a male above twenty-one years of age, contracts a child marriage shall be punishable with1[simple imprisonment which may extend to three months and shall also be liable to fine]. ________________________ 1. Substituted by Act 41 of 1949, Section 4, for "simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both".

The Child Marriage Restraint Act, 1929 Complete Act

State: Central

Year: 1929

THE CHILD MARRIAGE RESTRAINT ACT, I929 THE CHILD MARRIAGE RESTRAINT ACT, I929 [Act No. 19 of 1929 dated 1st. October, 1929] 1 An Act to restrain the solemnisation of child marriages. WHEREAS it is expedient to restrain the solemnisation of child marriages; it is hereby enacted as follows: - SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT (1) This Act may be called the Child Marriage Restraint Act, 2[1929]. 3[ (2) It extends to the whole of India 4[except the State of Jammu and Kashmir]; and it applies also to all citizens of India without and beyond India].5 (3) It shall come into force on the 1st day of April, 1930. SECTION 02: DEFINITIONS In this Act, unless there is anything repugnant in the subject or context,- 6[(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" to a marriage means either of the parties whose marriage is 7[or is about to be] thereby solemnised; and (d) "minor" means a person of either sex who is under eighteen years of age. .....

Child Marriage Restraint Act, 1929 [Repealed] Section 2

Title: Definitions

State: Central

Year: 1929

In this Act, unless there is anything repugnant in the subject or context.-- 1[(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" to a marriage means either of the parties whose marriage is2[or is about to be] thereby, solemnised; and (d) "minor" means a person of either sex who is under eighteen years of age. ________________________ 1. Substituted by Act 3 of 1978, Section 2 (w.e.f. 2-10-1978). 2. Substituted by Act 19 of 1938, Section 2.

Child Marriage Restraint Act, 1929 [Repealed] Section 1

Title: Short Title, Extent and Commencement

State: Central

Year: 1929

(1) This Act may be called the Child Marriage Restraint Act,1[1929], 2[(2) It extends to the whole of India3[except the State of Jammu and Kashmir]; and it applies also to all citizens of India without and beyond India.] (3) It shall come into force on the 1st day of April, 1930. ________________________ 1. Substituted by Act 8 of 1930, Section 2 and Schedule 1, for "1928". 2. Substituted by A.O. 1950, for the former sub-section. 3. Substituted by Act 3 of 1951 Section 3 and Schedule, for "except Part B States"

Child Marriage Restraint Act, 1929 [Repealed] Section 11

Title: Power to Take Security from Complainant

State: Central

Year: 1929

[Repealed by the Child Marriage Restraint (Amendment) Act, 1949 (41 of 1949). Section 7.]