Section 10 in The Prohibition of Child Marriage Act, 2006

Title: Punishment for solemnising a child marriage

Description: 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 Karnataka Amendment of section 10.--In section 10 of the principal Act, for the words "be punishable with rigorous imprisonment which may extend to two years, the words "be punishable with rigorous imprisonment of not less than one year which may extend up to two years" shall be substituted. [Vide Karnataka Act 26 of 2017, s. 4].

Title: Punishment for promoting or permitting solemnisation of child marriages

Description: (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 person having charge of such minor child has negligently failed to prevent the marriage from being solemnised. STATE AMENDMENT Karnataka Amendment of section 11.--In section 11 of the principal Act, in sub-section (1),-- (a) for the words "be punishable with rigorous imprisonment which may extend to two years", the words be punishable with a rigorous imprisonment of not less than one year which may extend up to two years" shall be substituted. (b) proviso shall be omitted. [Vide Karnataka Act 26 of 2017, s. 5].

Title: Marriage of a minor child to be void in certain circumstances

Description: 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.

Title: Power of court to issue injunction prohibiting child marriages

Description: (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 Court of the Judicial Magistrate of the first class or the Metropolitan Magistrate may also take suomotu cognizance on the basis of any reliable report or information. (4) For the purposes of preventing solemnisation of mass child marriages on certain days such as AkshayaTrutiya, the District Magistrate shall be deemed to be the Child Marriage Prohibition Officer with all powers as are conferred on a Child Marriage Prohibition Officer by or under this Act. (5) The District Magistrate shall also have additional powers to stop or prevent solemnisation of child marriages and for this purpose, he may take all appropriate measures and use the minimum force required. (6) No injunction under sub-section (1) shall be issued against any person or member of any organisation or association of persons unless the Court has previously given notice to such person, members of the organisation or association of persons, as the case may be, and has offered him or them an opportunity to show cause against the issue of the injunction: Provided that in the case of any urgency, the Court shall have the power to issue an interim injunction without giving any notice under this section. (7) An injunction issued under sub-section (1) may be confirmed or vacated after giving notice and hearing the party against whom the injunction was issued. (8) The Court may either on its own motion or on the application of any person aggrieved, rescind or alter an injunction issued under sub-section (1). (9) Where an application is received under sub-section (1), the Court shall afford the applicant an early opportunity of appearing before it either in person or by an advocate and if the Court, after hearing the applicant rejects the application wholly or in part, it shall record in writing its reasons for so doing. (10) Whoever knowing that an injunction has been issued under sub-section (1) against him disobeys such injunction shall be punishable with imprisonment of either description for a term which may extend to two years or with fine which may extend to one lakh rupees or with both: Provided that no woman shall be punishable with imprisonment. STATE AMENDMENT Karnataka Amendment of section 13.--In section 13 of the principal Act, in sub-section (10), -- (a) for the words "of either description for a term which may extend to two years", the words with a minimum term of one year, which may extent up to two years" shall be substituted. (b) proviso shall be omitted. [Vide Karnataka Act 26 of 2017, s. 6].

Title: Child marriages in contravention of injunction orders to be void

Description: Any child marriage solemnised in contravention of an injunction order issued under section 13, whether interim or final, shall be void ab initio.

The Prohibition of Child Marriage Act, 2006