Bangladesh

166 Public servant disobeying law, with intent to cause injury to any person  

Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will, by such disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both. Illustration A, being an officer directed by law to take property in execution, in order to satisfy a decree pronounced in Z’s favour by a Court of Justice, knowingly disobeys that direction of law, with the knowledge that he is likely thereby to cause injury to Z. A has committed the offence defined in this section. 

 193 Punishment for false evidence  

Whoever intentionally gives false evidence in any stage of judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. Explanation 1.-A trial before a Court-martial is a judicial proceeding. Explanation 2.-An investigation directed by law preliminary to a proceeding before a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice. Illustration A, in an enquiry before a Magistrate for the purpose of ascertaining whether Z ought to be committed for trial, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding. A has given false evidence. Explanation 3.-An investigation directed by a Court of Justice according to law, and conducted under the authority of a Court of Justice, is a stage 

of a judicial proceeding, though that investigation may not take place before a Court of Justice. Illustration A, in an enquiry before an officer deputed by a Court of Justice to ascertain on the spot the boundaries of land, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A has given false evidence. 

 364A.  

Whoever kidnaps or abducts any person under the age of ten, in order that such person may be murdered or subjected to grievous hurt, or slavery, or to the lust of any person or may be so disposed of as to be put in danger of being murdered or subjected to grievous hurt, or slavery, or to the lust of any person shall be punished with death or with 126[ imprisonment] for life or with rigorous imprisonment for a term which may extend to fourteen years and shall not be less than seven years.

366.

Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and whoever, by means of criminal intimidation as defined in this Code or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall also be punishable as aforesaid. 

 366A.  

Whoever, by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine. 

 366B.  

Whoever imports into Bangladesh from any country outside Bangladesh any girl under the age of twenty-one years with intent that she may be, or knowing it to be likely that she will be, forced or seduced to illicit intercourse with another person, shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine. 

 367.

Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected to grievous hurt, or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 

 368.

Whoever, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or confines such person, shall be punished in the same manner as if he had kidnapped or abducted such person with the same intention or knowledge, or for the same purpose as that for which he conceals or detains such person in confinement. 

 370.

Whoever imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as a slave, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 

 371.

Whoever habitually imports, exports, removes, buys, sells, traffics or deals in slaves, shall be punished with [ imprisonment] for life, or with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine. 

 372. Selling minors for purposes of prostitution, etc Habitual dealing in slaves 

Whoever sells, lets to hire, or otherwise disposes of any person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution of illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Selling minor for purposes on prostitution, etc. Explanation I.- When a female under the age of eighteen years is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution. Explanation II.- For the purposes of this section “illicit intercourse” means sexual intercourse between person not united by marriage or by any union or tie which, though not amounting to a marriage, is recognized by the personal law or custom of the community to which they belong or, where they belong to different communities, of both such communities, as constituting between them a quasi-marital relation. 

 493. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage 

Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 

 496. Marriage ceremony fraudulently gone through without lawful marriage 

Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 

 498. Enticing or taking away or detaining with criminal intent a married woman 

Whoever takes or entices away any woman who is and whom he knows o has reason to believe to be wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 

Bangladesh Criminal Code-English-1860.

2. Definition

… 

(15) “exploitation” or “oppression” means, but shall not be limited to the following actions done against any person with or without his or her consent: 

(a) exploitation or oppression of any person through prostitution or sexual exploitation or oppression; 

(c) receiving forced labour or services 

(d) debt-bondage, slavery or servitude, practices similar to slavery, or servitude in household; 

(e) exploitation or oppression through fraudulent marriage; 

… 

(17) “consent” means the consent of a person which is given freely and consciously and is not influenced by his or her weak position arising out of his or her age, sex and socio-economic backwardness; 

… 

(18) “servitude” means the condition or the obligation to work or to render services from which the person cannot escape and which he cannot prevent or alter. 

 3. Human Trafficking

(1) “human trafficking” means the selling or buying, recruiting or receiving, deporting or transferring, sending or confining or harbouring either inside or outside of the territory of Bangladesh of any person for the purpose of sexual exploitation or oppression, labour exploitation or any other form of exploitation or oppression by means of:
 

(a) threat or use of force; or  

(b) deception, or abuse of his or her socio-economic or environmental or other types of vulnerability; or  

(c) giving or receiving money or benefit to procure the consent of a person having control over him or her.  

(2) If the victim of trafficking is a child, it shall be immaterial whether any of the means of committing the offence mentioned in clause (a) to (c) of subsection (1) is used or not. 
 

Explanation.-For the purposes of this section, if any person induces or assists any other person through deception and for bad intention to move, migrate or emigrate for work or service, either inside or outside of the territory of Bangladesh. though he knows that such other person would be put into exploitative labour conditions similar to practices of servitude or forced labour or into any of her form of exploitation or oppression as mentioned in sub-section (15) of section 2, such act of the person shall be included as an act within the meaning of “human trafficking” as defined in sub-section (1). 

Human trafficking and ancillary offences and penalties  

 6. Prohibition of human trafficking and penalty.— 


(1) If any person commits any act mentioned in section 3, such act shall be deemed to be the offence of human trafficking.  

(2) The person committing the offence of human trafficking shall be punished with an imprisonment not exceeding imprisonment for life but not less than 5 (five) years of rigorous imprisonment and with fine not less than taka 50 (fifty) thousand. 

 10. Penalty for kidnapping, stealing and confining with intent to commit the offence of human trafficking

(1) If any person kidnaps, conceals or confines any other person with intent to commit the offence of human trafficking or to put that person into a state of sexual or other exploitation or oppression as mentioned in section 2 (15), he shall be deemed to have committed an offence and shall for the offence be punished with rigorous imprisonment for a term not exceeding 10 (ten) years but not less than 5 (five) years and with fine not lass than taka 20 (twenty) thousand. 

11. Penalty for importing or transferring for prostitution or any other form of sexual exploitation or oppression

If any person brings any other person into Bangladesh or transfers the person inside the territory of Bangladesh with a view to engaging in prostitution or any other form of sexual exploitation or oppression by means of force of fraud or seduction, he shall be deemed to have committed an offence and shall for the offence be punished with rigorous imprisonment for a term not exceeding 7 (seven) years but not less than 5 (five) years and with fine not less than taka 50 (fifty) thousand. 

8. Penalty for trafficking etc. in women.-

(1) Whoever imports, exports, buys or sells or lets to hire or otherwise disposes of any woman with intent that such woman shall be employed for the purpose of prostitution or illicit intercourse or unlawful and immoral activities, shall be punishable with lifelong imprisonment, and shall also be liable to fine.  

Explanation 1.- When a woman is sold, let for hire, or otherwise disposed of to a prostitute or any person keeping or managing a brothel, the person so disposing of such woman shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution.  

Explanation 2.- Any prostitute or person keeping or managing a brothel, who buys, hires or otherwise obtains possession of any woman shall, until the contrary is proved, be presumed to have bought or hired or brought into his possession or custody such woman with intent that she shall be used as a prostitute. 8. Penalty for trafficking etc. in women.-  

(2) Whoever keeps in his possession, custody or under his guardianship any woman in order to import or export her, hire her out or otherwise dispose of her with intent that she shall be employed for the purpose of prostitution or illegal intercourse or unlawful and immoral activities shall be punishable with a term of rigorous imprisonment which may extend to 14 years, and shall also be liable to fine.  

9. Penalty for abducting any woman for using her in unlawful or immoral etc. activities.-

Whoever abducts any woman with intent that-  

(a) she shall be employed or used for the purpose of prostitution or any other unlawful or immoral activity,  

(b) she shall be forced to marry against her intentions, 

(c) she shall be forced or seduced or allured to sexual intercourse,  

shall be punishable with lifelong imprisonment or a term of rigorous imprisonment which may extend to 10 years and shall not be less than 7 years, and shall also be liable to fine.  

 12. Penalty for trafficking in children. 

If any person unlawfully imports, exports or sells children, or brings into his possession any child for the purpose of importing, exporting or selling such child, or if a child (destined) for such purpose is found with any person, such person shall be punishable with death or lifelong imprisonment. 

2. Definitions.

In this Act, unless there is anything repugnant in the subject or context 

(1) “minor” means, in case of marriage, a person who, if a male, has not completed 21 (twenty-one) years of age, and if a female, has not completed 18 (eighteen) years of age; 

(2) “guardian” means a person who has been appointed or declared to be a guardian, under the Guardians and Wards Act, 1890 (Act No. VIII of 1890) and shall also include the person who bears the maintenance cost of a minor; 

(3) “adult” means, in case of marriage, a person who, if a male, has completed 21 (twenty-one) years of age, and if a female, has completed 18 (eighteen) years of age; 

(4) “child marriage” means a marriage to which either or both of the contracting parties are minor; and 

(5) “rules” means rules made under this Act. 

 5. Injunction against a child marriage and punishment for contravening the injunction.

(1) The Court may, if satisfied, suo-moto or on the basis of a complaint made by a person or on the basis of any information received through any other means, that a child marriage has been arranged or is about to be solemnized, issue an injunction against solemnization of the child marriage. 

(2) The Court may, either on its own motion or on the basis of the complainant’s application, rescind any order issued under sub-section (1). 

(3) Whoever violates the injunction issued under sub-section (1) shall be punished with imprisonment which may extend to 6 (six) months, or with fine which may extend to 10 (ten) thousand Taka, or with both and, in default of payment of the fine, shall be punished with imprisonment which may extend to 1 (one) month. 

7. Punishment for contracting a child marriage.

(1) If any adult, male or female, contracts a child marriage, it shall be an offence, and for this, he shall be punished with imprisonment which may extend to 2 (two) years, or with fine which may extend to 1 (one) lakh Taka, or with both, and in default of payment of the fine, shall be punished with imprisonment which may extend to 3 (three) months. 

(2) If any minor, male or female, contracts a child marriage, he shall be punished with detention which may extend to 1 (one) month, or with fine which may extend to 50 (fifty) thousand Taka, or with both : Provided that if any case is filed against, or penalty imposed upon, a person under section 8, no punishment shall be imposed upon the aforesaid minor, whether male or female. 

(3) In case of trial and punishment under sub-section (2), the provisions of the children Act, 2013 (Act No. XXIV of 2013) shall be applicable. 

 8. Punishment for parent or others concerned in a child marriage.

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 solemnized, or negligently fails to prevent it from being solemnized, shall commit an offence, and for this, be punished with imprisonment which may extend to 2 (two) years but not less than 6 (six) months, or with fine which may extend to 50 (fifty) thousand Taka, or with both, and in default of payment of the fine, shall be punished with imprisonment which may extend to 3 (three) months. 

 9. Punishment for solemnizing or conducting a child marriage.

If any person solemnizes or conducts a child marriage, it shall be an offence, and for this, he shall be punished with imprisonment which may extend to 2 (two) years but not less than 6 (six) months, or with fine which may extend to 50 (fifty) thousand Taka, or with both, and in default of payment of the fine, shall be punished with imprisonment which may extend to 3 (three) months. 

 10. Exemption from accusation on condition of initiatives to stop child marriage.

Notwithstanding anything contained in any other provision of this Act, where a child marriage is initiated but not solemnized, and the accused submits, in the manner prescribed by rules, an affidavit or bond stating that he shall not be involved in a child marriage in future and take initiatives to prevent child marriage in his locality, then the court, if it thinks to be fit, may exempt him from the charge framed against him. 

 11. Punishment of Marriage Registrar for registering a child marriage, cancellation of license.

If any Marriage Registrar registers a child marriage, it shall be an offence, and for this, he shall be punished with imprisonment which may extend to 2 (two) years but not less than 6 (six) months, or with fine which may extend to 50 (fifty) thousand Taka, or with both, and in default of payment of the fine, shall be punished with imprisonment which may extend to 3 (Three) months, and his license or appointment shall be cancelled. 

 13. Payment of compensation.

(1) Money realized under this Act from imposition of fine shall be paid as compensation to the aggrieved party. 

Explanation : For the purpose of sub-section (1), “aggrieved party” means the party of a child marriage who is a minor. 

(2) Notwithstanding anything contained in sub-section (1), fine realized under sub-section (2) of section 7 shall be deposited to the government treasury. 

2 Validity of Anand marriage 

All marriages which may be or may have been duly solemnized according to the Sikh marriage ceremony called Anand shall be, and shall be deemed to have been with effect from the date of the solemnization of each respectively, good and valid in law. 

3 Interpretation-clause 

In this Act, unless there is something repugnant in the subject or context,- 

“minor” means a person who has not completed the age of twenty-one years and who is not a widower or a widow; 

 18 Declaration before issue of certificate 

The certificate mentioned in section 17 shall not be issued until one of the persons intending marriage has appeared personally before the Minister and made a solemn declaration– 

(a) that he or she believes that there is not any impediment of kindred or affinity or other lawful hindrance to the said marriage, 

and, when either or both of the parties is or are a minor or minors, 

(b) that the consent or consents required by law has or have been obtained thereto, or that there is no person resident in Bangladesh having authority to give such consent, as the case may be. 

19. Consent of father, or guardian, or mother 

The father, if living, of any minor, or, if the father be dead, the guardian of the person of such minor, and, in case there be no such guardian, then the mother of such minor, may give consent to the minor’s marriage, and such consent is hereby required for the same marriage, unless no person authorized to give such consent be resident in Bangladesh.

 20. Power to prohibit by notice issue of certificate 

Every person whose consent to a marriage is required under section 19 is hereby authorized to prohibit the issue of the certificate by any Minister, at any time before the issue of the same, by notice in writing to such Minister, subscribed by the person so authorized with his or her name and place of abode and position with respect to either of the persons intending marriage, by reason of which he or she is so authorized as aforesaid. 

 22 Issue of certificate in case of minority 

When either of the persons intending marriage is a minor, and the Minister is not satisfied that the consent of the person whose consent to such marriage is required by section 19 has been obtained, such Minister shall not issue such certificate until the expiration of fourteen days after the receipt by him of the notice of marriage. 

 60 On what conditions marriages of Native Christians may be certified 

Every marriage between Native Christians applying for a certificate shall, without the preliminary notice required under Part III, be certified under this Part, if the following conditions be fulfilled, and not otherwise:– 

(1) the age of the man intending to be married shall exceed sixteen years, and the age of the woman intending to be married shall exceed thirteen years; 

(2) neither of the persons intending to be married shall have a wife or husband still living; 

(3) in the presence of a person licensed under section 9, and of at least two credible witnesses other than such person, each of the parties shall say to the other – 

“I call upon these persons here present to witness that I, A. B., in the presence of Almighty God, and in the name of our Lord Jesus Christ, do take thee, C. D., to be my lawful wedded wife [or husband]” or words to the like effect: 

Provided that no marriage shall be certified under this Part when either of the parties intending to be married has not completed his or her eighteenth year, unless such consent as is mentioned in section 19 has been given to the intended marriage, or unless it appears that there is no person living authorized to give such consent. 

 66 False oath, declaration, notice or certificate for procuring marriage 

Whoever, for the purpose of procuring a marriage or license of marriage, intentionally,- 

(a) where an oath or declaration is required by this Act, or by any rule or custom of a Church according to the rites and ceremonies of which a marriage is intended to be solemnized, such Church being the Church of England or of Scotland or of Rome, makes a false oath or declaration, or, 

(b) where a notice or certificate is required by this Act, signs a false notice or certificate, 

shall be deemed to have committed the offence punishable under section 193 of the 10[Penal Code] with imprisonment of either description for a term which may extend to three years and, at the discretion of the Court, with fine. 

 70 Solemnizing without notice or within fourteen days after notice, marriage with minor 

Any Minister of Religion licensed to solemnize marriages under this Act, who, without a notice in writing, or, when one of the parties to the marriage is a minor, and the required consent of the parents or guardians to such marriage has not been obtained, within fourteen days after the receipt by him of notice of such marriage, knowingly and wilfully solemnizes a marriage under Part III, shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine. 

 71 Issuing certificate, or marrying without publication of notice; marrying after expiry of notice; solemnizing marriage with minor within fourteen days without authority of Court, or without sending copy of notice; issuing cert.  

A Marriage Registrar under this Act, who commits any of the following offences:– 

(1) knowingly and wilfuly issues any certificate for marriage, or solemnizes any marriage, without publishing the notice of such marriage as directed by this Act; 

(2) after the expiration of two months after the copy of the notice has been entered as required by section 40 in respect of any marriage, solemnizes such marriage; 

(3) solemnizes, without any order of a competent Court authorizing him to do so, any marriage, when one of the parties is a minor, before the expiration of fourteen days after the receipt of the notice of such marriage, or without sending, by the post or otherwise, a copy of such notice to the Senior Marriage Registrar of the district if there be more Marriage Registrars of the district than one, and if he himself be not the Senior Marriage Registrar; 

(4) issues any certificate the issue of which has been prohibited, as in this Act provided, by any person authorized to prohibit the issue thereof, 

shall be punished with imprisonment for a term which may extend to five years, and shall also be liable to fine. 

Issuing certificate after expiry of notice, or, in case of minor, within fourteen days after notice, or against authorized prohibition72. Any Marriage Registrar knowingly and wilfuly issuing any certificate for marriage after the expiration of two months after the notice has been entered by him as aforesaid, 

or knowingly and wilfuly issuing, without the order of a competent Court authorizing him so to do, any certificate for marriage, where one of the parties intending marriage is a minor, before the expiration of fourteen days after the entry of such notice, or any certificate the issue of which has been forbidden as aforesaid by any person authorized in this behalf, 

shall be deemed to have committed an offence under section 166 of the 12[Penal Code]. 

 73. Whoever, being authorized under this Act to solemnize a marriage, or knowingly and wilfully issues any certificate for marriage, or solemnizes a marriage between such persons when one of the persons intending marriage is a minor, before the expiration of fourteen days after the receipt of notice of such marriage, or without sending, by the post or otherwise, a copy of such notice to the Marriage Registrar, or, if there be more Marriage Registrars than one, to the Senior Marriage Registrar of the district; or knowingly and wilfully issues any certificate the issue of which has been forbidden, under this Act, by any person authorized to forbid the issue; or knowingly and wilfully solemnizes any marriage forbidden by any person authorized to forbid the same;  shall be punished with imprisonment for a term which may extend to four years, and shall also be liable to fine. 

 76 Limitation of prosecutions under Act  

The prosecution for every offence punishable under this Act shall be commenced within two years after the offence is committed. 

2 Marriages between persons of same gotra or pravara or of different sub-divisions of the same caste 

Notwithstanding any text, rule or interpretation of the Hindu Law or any custom or usage, a marriage between Hindus, which is otherwise valid, shall not be invalid by reason only of the fact that the parties thereto- 

(a) belong to the same gotra or pravara, or 

(b) belong to different sub divisions of the same caste. 

2. Definitions

In this Act, unless there is anything repugnant in the subject or context,- 

(1) “Chief Justice” includes senior Judge; 

(2) “Court” means a Court constituted under this Act; 

(3) to “desert”, together with its grammatical variations and cognate expressions, means to desert the other party to a marriage without reasonable cause and without the consent, or against the will of such party; 

(4) “grievous hurt” means- 

(a) emasculation; 

(b) permanent privation of the sight of either eye; 

(c) permanent privation of the hearing of either ear; 

(d) privation of any member or joint; 

(e) destruction or permanent impairing of the powers of any member or joint; 

(f) permanent disfiguration of the head or face; or 

(g) any hurt which endangers life; 

(5) “husband ” means a Parsi husband; 

(6) “marriage” means a marriage between Parsis whether contracted before or after the commencement of this Act; 

(7) a “Parsi” means a Parsi Zoroastrian; 

(8) “priest” means a Parsi priest and includes Dastur and Mobed; and 

(9) “wife” means a Parsi wife. 

 3.  Requisites to validity of Parsi marriages 

No marriage shall be valid if- 

(a) the contracting parties are related to each other in any of the degrees of consanguinity or affinity set forth in Schedule I; or 

(b) such marriage is not solemnized according to the Parsi form of ceremony called “Ashirvad” by a priest in the presence of two Parsi witnesses other than such priest; or 

(c) in the case of any Parsi (whether such Parsi has changed his or her religion or domicile or not) who has not completed the age of twenty-one years, the consent of his or her father or guardian has not been previously given to such marriage. 

 30 Suits for nullity 

In any case in which consummation of the marriage is from natural causes impossible, such marriage may, at the instance of either party thereto, be declared to be null and void. 

 38 No suit to be brought to enforce marriage or contract arising out of marriage when husband is under sixteen or wife under fourteen years 

Notwithstanding anything hereinbefore contained, no suit shall be brought in any Court to enforce any marriage or any contract connected with or arising out of any marriage, if, at the date of the institution of the suit, the husband shall not have the age of sixteen years, or the wife shall not have completed the age of fourteen years. 

2 Conditions upon which marriages under Act may be celebrated 

Marriages may be celebrated under this Act between persons neither of whom professes the Christian or the Jewish, or the Hindu or the Muslim or the Parsi or the Buddhist, or the Sikh or the Jaina religion, or between persons each of whom professes one or other of the following religions, that is to say, the Hindu, Buddhist, Sikh or Jaina religion upon the following conditions:– 

(1) neither party must, at the time of the marriage, have a husband or wife living: 

(2) the man must have completed his age of eighteen years, and the woman her age of fourteen years, according to the Gregorian calendar: 

(3) each party must, if he or she has not completed the age of twenty-one years, have obtained the consent of his or her father or guardian to the marriage: 

(4) the parties must not be related to each other in any degree of consanguinity or affinity which would, according to any law to which either of them is subject, render a marriage between them illegal. 

1st Proviso- No such law or custom, other than one relating to consanguinity or affinity, shall prevent them from marrying. 

2nd Proviso- No law or custom as to consanguinity shall prevent them from marrying, unless a relationship can be traced between the parties through some common ancestor, who stands to each of them in a nearer relationship than that of great-great-grand-father or great-great-grand-mother, or unless one of the parties is the lineal ancestor, or the brother or sister of some lineal ancestor, of the other. 

 6 Objection to Marriage 

Fourteen days after notice of an intended marriage has been given under section 4, such marriage may be solemnized, unless it has been previously objected to in the manner hereinafter mentioned. 

Any person may object to any such marriage on the ground that it would contravene some one or more of the conditions prescribed in clauses (1), (2), (3) or (4) of section 2. 

The nature of the objection made shall be recorded in writing by the Registrar in the register, and shall, if necessary, be read over and explained to the person making the objection, and shall be signed by him or on his behalf. 

18 Petition for decree of nullity 

Any husband or wife may present a petition to the District Court or to the High Court Division, praying that his or her marriage may be declared null and void. 

 19 Grounds of decree 

Such decree may be made on any of the following grounds:- 

(1) that the respondent was impotent at the time of the marriage and at the time of the institution of the suit; 

(2) that the parties are within the prohibited degrees of consanguinity (whether natural or legal) or affinity; 

(3) that either party was a lunatic or idiot at the time of the marriage; 

(4) that the former husband or wife of either party was living at the time of the marriage, and the marriage with such former husband or wife was then in force. 

Nothing in this section shall affect the jurisdiction of the High Court Division to make decrees of nullity of marriage on the ground that the consent of either party was obtained by force or fraud. 

 49 Suits by minors 

Where the petitioner is a minor, he or she shall sue by his or her next friend to be approved by the Court; and no petition presented by a minor under this Act shall be filed until the next friend has undertaken in writing to be answerable for costs. 

Such undertaking shall be filed in Court, and the next friend shall thereupon be liable in the same manner and to the same extent as if he were a plaintiff in an ordinary suit.