To provide a downloadable Bare Act reference for the Prohibition of Child Marriage Act, 2006, with a short practitioner-oriented introduction to its purpose, scope and key provisions.
Overview #
The Prohibition of Child Marriage Act, 2006 is the central Indian legislation dealing with the prohibition, prevention and legal consequences of child marriages. The Act replaces the earlier child marriage law framework and treats child marriage not merely as a social wrong, but as a matter requiring civil remedies, criminal punishment and preventive court intervention.
The Act defines a child as a male who has not completed twenty-one years of age and a female who has not completed eighteen years of age. A child marriage is a marriage in which either of the contracting parties is a child. The Act applies across India and also to Indian citizens outside India, subject to the specific statutory exception mentioned in section 1.
Object of the legislation #
The object of the legislation is to prohibit the solemnisation of child marriages and to provide legal mechanisms for annulling such marriages, protecting the affected child, securing maintenance and residence in appropriate cases, safeguarding children born of such marriages, and punishing persons who perform, promote, permit or participate in child marriages.
The Act combines three regulatory themes: civil relief for the child party, criminal liability for adult males and facilitators of child marriage, and preventive intervention through injunctions and Child Marriage Prohibition Officers.
Scope and relevance #
This Bare Act is relevant for lawyers, family court practitioners, child protection authorities, women and child welfare organisations, police officers, prosecutors, legal aid clinics and law students. It is frequently used in matters involving annulment of child marriage, protection of minor girls, maintenance and residence claims, custody of children born from such marriages, and prosecution of persons responsible for arranging or solemnising the marriage.
For legal researchers, the Act is important because it interacts with family law, criminal law, child rights law and gender justice. It should also be read with related child protection and family law statutes, particularly where issues of marriage validity, custody, maintenance, trafficking, sexual offences, domestic violence or dowry arise.
Selected important provisions and themes #
- Section 1 sets out the short title, extent and commencement of the Act; the text notes commencement by Central Government notification and records 1 November 2007 as the notified commencement date.
- Section 2 contains the core definitions, including “child”, “child marriage”, “contracting party”, “Child Marriage Prohibition Officer”, “district court” and “minor”.
- Section 3 makes a child marriage voidable at the option of the contracting party who was a child at the time of marriage and provides for a petition for annulment by decree of nullity.
- Section 4 empowers the district court to order maintenance and residence for the female contracting party to a child marriage while granting relief under section 3.
- Sections 5 and 6 deal with custody and maintenance of children born of child marriages and the legitimacy of such children.
- Section 8 identifies the court before which a petition under the Act is to be made.
- Sections 9, 10 and 11 prescribe punishments for a male adult marrying a child, for solemnising a child marriage, and for promoting or permitting the solemnisation of child marriages.
- Sections 12 to 16 cover void marriages in specified circumstances, injunctions against child marriages, consequences of violating injunction orders, cognizable and non-bailable offences, and appointment/functions of Child Marriage Prohibition Officers.
How to use this Bare Act #
- Use this page as a quick Bare Act access point before drafting petitions, legal notices, police complaints or advisory notes involving child marriage.
- For annulment or civil relief, begin with sections 2, 3, 4, 5, 6 and 8 to identify the child party, limitation position, proper court, maintenance, residence and custody issues.
- For criminal liability, refer to sections 9, 10, 11 and 15 to assess who may be prosecuted and the nature of the offences.
- For urgent prevention of a proposed child marriage, check sections 13 and 14 on injunctions and the legal effect of contravention.
- Where a State amendment may apply, verify the latest State-specific version before relying on the downloaded PDF for litigation or official action.
Related Bare Acts and statutes #
- Commissions for Protection of Child Rights Act, 2005
- Protection of Children from Sexual Offences Act, 2012
- Juvenile Justice (Care and Protection of Children) Act, 2015
- Dowry Prohibition Act, 1961
- Hindu Marriage Act, 1955
- Special Marriage Act, 1954
This page is intended as a Bare Act reference and introductory guide. Users should verify the latest central text, State amendments, commencement notifications and current judicial interpretation before relying on the Act in court, official proceedings or legal advice. The extracted PDF itself notes amendments and State-specific changes, including a Karnataka amendment affecting the treatment of child marriages in that State.
