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India
Summary of Domestic Prohibition
Slavery and slave trade
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Practices similar to slavery
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Servitude
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Forced or compulsory labour
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Human trafficking
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Forced marriage
Provisions related to forced marriage in India are found in the 2019 Penal Code, which addresses kidnapping or abducting a woman with the intent to compel her to marry a person against her will at Section 366, with a potential penalty of imprisonment up to ten years and a fine. Article 493 also addresses deceitfully causing a woman who is not lawfully married to a man to believe that she is lawfully married, with a potential penalty of imprisonment up to ten years and a fine. Article 496 also addresses dishonestly or with a fraudulent intention marrying knowing that the marriage is not lawful, with a potential penalty of imprisonment up to seven years and a fine. Provisions related to forced marriage in India are also found in the 2017 Prohibition of Child Marriage Act, which addresses the marriage of a minor resulting from compulsion, deception, or sale and trafficking at Article 12. Article 25 also addresses a marriage where the consent was obtained by coercion or fraud.
Consent to marriage
Servile marriage
Although legislation in India does not prohibit servile matrimonial transactions in all their forms, it does prohibit selling a bride under Article 12 of the 2017 Prohibition of Children Marriage Act.
Marriage trafficking
Provisions related to marriage trafficking in India are found in the THE PROHIBITION OF CHILD MARRIAGE ACT 2017 , which prohibits trafficking for forced marriage at SECTION 12. Legislation in India also prohibits abduction of women for marriage under SECTION 366 of the Indian Penal Code 2019, with a potential penalty of imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Minimum age for marriage
The minimum age for marriage in the India is 18 for females and 21 for males, as set out in Article 5 of the 1955 Hindu Marriage Act, Article 3 of the 1936 Parsi Marriage and Divorce Act and Article 4 of the 1969 Foreign Marriage Act, Article 4 of the 1954 Special Marriage Act and Article 60 of the 1872 Indian Christian Marriage Act. Where marriages are conducted involving a person below the minimum age, the marriage is voidable, as set out on Section 3 of the 2017 Prohibition of Child Marriage Act. Hindu marriages involving a person below the minimum age constitute an offence under Article 18 of the 1955 Hindu Marriage Act, with a potential penalty of imprisonment for not more than two years or a fine not exceeding one lakh rupees or both. There are no exceptions allowing marriage below this minimum age. An adult who knowingly contracts a child marriage is punishable with a potential penalty of imprisonment from one year to two years and a fine up to one lakh rupees, as set out in Section 9 of the 2017 Prohibition of Child Marriage Act. Performing, conducting, directing or abetting a child marriage is an offence under in Section 10 of the 2017 Prohibition of Child Marriage Act, with a potential penalty of imprisonment from one to two years and a fine up to one lakh rupees. Promoting a child marriage or permitting it to be solemnised, or negligently failing to prevent it from being solemnised, including attending or participating in a child marriage, is offence under in Section 11 of the 2017 Prohibition of Child Marriage Act, with a potential penalty of imprisonment from one to two years and a fine up to one lakh rupees.
Region
Asia-Pacific
Regional Court
Not party to a court
Legal System
Common
International Instruments
International Obligations
- Slavery
- Servitude
- Institutions and Practices Similar to Slavery
- Forced Labour
- Human Trafficking
- Consent to marriage
- Marriage Trafficking
Regional Organisations
- Commonwealth
- Asia Cooperation Dialogue
- South Asian Association for Regional Cooperation
- Bali Process
- ASEAN Regional Forum
Legislative Provisions
AWAD REPORT
Paragraph 205
Article 23 of the Constitution of India prohibits traffic in human beings and all forms of forced labour… In addition, adequate provisions exist under the Indian criminal laws.
Sections 370 and 371 of the Indian Penal Code penalize the importation, exportation, removal, buying, selling or disposing of any person as a slave or accepting, receiving or detaining against his will any person as a slave.
ENGEN REPORT
Reference to laws targeting serfdom, quasi-serfdom, and servile systems of land tenure but not by title, reference to Constitution 1949 abolishing legal disabilities on the grounds of religion, caste, or place of birth, Bihar and Orissa Kamiauti Agreements Act 1920 providing no agreement for rendering labour (Kamiauti debt bondage) could be made for a period exceeding one year, required a registered instrument and wages at a fair and reasonable rate with debt and interest cancelled after one year. Agricultural Debt Relief Acts
CONSTITUTION OF INDIA 1949 (REV. 2015)
Article 21. Protection of life and personal liberty
No person shall be deprived of his life or personal liberty except according to procedure established by law.
Article 23. Prohibition of traffic in human beings and forced labour
- Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.
- Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them.
Article 24. Prohibition of employment of children in factories, etc
No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.
Article 42. Provision for just and humane conditions of work and maternity relief
The State shall make provision for securing just and humane conditions of work and for maternity relief.
Article 43. Living wage, etc., for workers
The State shall endeavour to secure, by suitable legislation or economic organisation or in any other way, to all workers agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavour to promote cottage industries on an individual or co-operative basis in rural areas.
PENAL CODE (AS AMENDED BY THE CRIMINAL LAW (AMENDMENT) ACT 2013)
Section 363A. Kidnapping or maiming a minor for purposes of begging.—
(1) Whoever kidnaps any minor or, not being the lawful guardian of a minor, obtains the custody of the minor, in order that such minor may be employed or used for the purposes of begging shall be punishable with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
(2) Whoever maims any minor in order that such minor may be employed or used for the purposes of begging shall be punishable with imprisonment for life, and shall also be liable to fine.
(3) Where any person, not being the lawful guardian of a minor, employs or uses such minor for the purposes of begging, it shall be presumed, unless the contrary is proved, that he kidnapped or otherwise obtained the custody of that minor in order that the minor might be employed or used for the purposes of begging.
(4) In this section,-
(a) “begging” means-
(i) soliciting or receiving alms in a public place, whether under the pretence of singing, dancing, fortunetelling, performing tricks or selling articles or otherwise;
(ii) entering on any private premises for the purpose of soliciting or receiving alms;
(iii) exposing or exhibiting, with the object of obtaining or extorting alms, any sore, wound, injury, deformity or disease, whether of himself or of any other person or of an animal;
(iv) using a minor as an exhibit for the purpose of soliciting or receiving alms;
(b) “minor” means-
(i) in the case of a male, a person under sixteen years of age; and
(ii) in the case of a female, a person under eighteen years of age.]
Section 366. Kidnapping, abducting or inducing woman to compel her marriage, etc.—
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; 3*[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].
Section 366B. Importation of girl from foreign country.—
Whoever imports into India from any country outside India or from the State of Jammu and Kashmir 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.
Section 367. Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc.—
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.
Section 370. Trafficking in persons
(1) whoever, for the purpose of exploitation,
(a) recruits,
(b) transports,
(c) harbours, or
(e) receives, a person or person by –
First – using threats, or
Secondly – using force, or any other form of coercion, or
Thirdly – by abduction, or
Fourthly – by practising fraud, or deception, or
Fifthly – by abuse of power, or
Sixthly – by inducement, including the giving or receiving of payments or benefits, in order to achieve the consent of any person having control over the person recruited, transported, harboured, transferred or received,
Commits the offence of trafficking.
Explanation I — The expression “exploitation” shall include any act of physical exploitation or any form of sexual exploitation, slavery or practices similar to slavery, servitude, or the forced removal of organs.
Explanation 2 — The consent of the victim is immaterial in determination of the offence of trafficking.
(2) Whoever commits the offence of trafficking shall be punished with rigorous imprisonment for a term which shall not be less than seven years, but which may extend to ten years, and shall also be liable to fine.
(3) Where the offence involves the trafficking of more than one person, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine.
(4) Where the offence involves the trafficking of a minor, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine.
(5) Where the offence involves the trafficking of more than one minor, it shall be punishable with rigorous imprisonment for a term which shall not be less than fourteen years, but which may extend to imprisonment for life, and shall also be liable to fine.
(6) If a person is convicted of the offence of trafficking of minor on more than one occasion, then such person shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine.
(7) When a public servant or a police officer is involved in the trafficking of any person then, such public servant or police officer shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine.
Section 370A. Exploiting trafficked minor
(1) Whoever, knowingly or having reason to believe that a minor has been trafficked, engages such minor for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than five years, but which may extend to seven years, and shall also be liable to fine.
(2) Whoever, knowingly by or having reason to believe that a person has been trafficked, engages such person for sexual exploitation in any manner, shall be punished With rigorous imprisonment for a term which shall not be less than three years, but which may extend to five years, and shall also be liable to fine.’
Exploitation is not defined but is said to include any act of physical exploitation or any form of sexual exploitation, slavery or practices similar to slavery, servitude
Section 371. Habitual dealing in slaves.—
Whoever habitually imports, exports, removes, buys, sells traffics or deals in slaves, shall be punished with 1*[imprisonment for life], or with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.
Section 372. Selling minor for purposes of prostitution, etc.—
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 or 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.
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 persons not united by marriage, or by any union or tie which though not amounting to a marriage, is recognised 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.]
Section 373. Buying minor for purposes of prostitution, etc.—
Whoever buys, hires or otherwise obtains possession 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 or 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.
Explanation I.-Any prostitute or any person keeping or managing a brothel, who buys, hires or otherwise obtains possession of a female under the age of eighteen years shall, until the contrary is proved, be presumed to have obtained possession of such female with the intent that she shall be used for the purpose of prostitution. Explanation II.-“Illicit intercourse” has the same meaning as in
section 372.
Section 374 Unlawful Compulsory Labour. –
whoever unlawfully compels any person to labour against the will of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both,
Penal Code (as amended by the Criminal Law (amendment) act 2013) (PDF)
SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989 (AS AMENDED IN 2016)
3. Punishments for offences of atrocities-
(1) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe, –
(h) makes a member of a Scheduled Caste or a Scheduled Tribe to do ‘begar’ or other similar forms of forced or bonded labor other than any compulsory service for public purposes imposed by Government;
(i) compels a member of a Scheduled Caste or a Scheduled Tribe to dispose or carry human or animal carcasses, or to dig graves;
(j) makes a member of a Scheduled Caste or a Scheduled Tribe to do manual scavenging or employs or permits the employment of such member for such purpose;
(k) performs, or promotes dedicating a Scheduled Caste or a Scheduled Tribe woman to a deity, idol, object of worship, temple, or other religious institution as a devadasi or any other similar practice or permits aforementioned acts;
(r) intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view;
(s) abuses any member of a Scheduled Caste or a Scheduled Tribe by caste name in any place within public view;
(w)(i) intentionally touches a woman belonging to a Scheduled Caste or a Scheduled Tribe, knowing that she belongs to a Scheduled Caste or a Scheduled Tribe, when such act of touching is of a sexual nature and is without the recipient’s consent;
(z) forces or causes a member of a Scheduled Caste or a Scheduled Tribe to leave his house, village, or other place of residence;
– shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with a fine.
BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976
Section 2:
(d) “bonded debt” means an advance obtained, or presumed to have been obtained, by a bonded labourer under, or in pursuance of the bonded labour system;
(e) “bonded labour” means any labour or service rendered under the bonded labour system;
(f) “bonded labourer” means a labourer who incurs, or has, or is presumed to have, incurred a bonded debt;
Section 4. Abolition of bonded labour system. –
(1) On the commencement of this Act, the bonded labour system shall stand abolished and every bonded labourer shall, on such commencement, stand freed and discharged from any obligation to render, any bonded labour.
(2) After the commencement of this Act, no person shall-
(a) make any advance under, or in pursuance of, the bonded labour system, or
(b) compel any person to render any bonded labour or other form of forced labour.”
Section 16. Punishment for enforcement of bonded labour. –
“Whoever, after the commencement of this Act, compels any person to render any bonded labour shall be punishable with imprisonment for a term which may extend to 3 years and also with fine which may extend to 2 000 rupees.”
Section 17. Punishment for advancement of bonded debt. –
Whoever advances, after the commencement of this Act, any bonded debt shall be punishable with imprisonment for a term which may extend to 3 years and also with fine which may extend to 2 000 rupees”.
Section 18. Punishment for extracting bonded labour under the bonded labour system. –
“Whoever enforces, after the commencement of this Act, any custom, tradition, contract, agreement or other instrument, by virtue of which any person or any member of the family of such person or any dependent of such person is required to render any service under the bonded labour system, shall be punishable with imprisonment for a term which may extend to 3 years and also with fine which may extend to 2 000 rupees; and, out of the fine, if recovered, payment shall be made to the bonded labourer at the rate of rupees five for each day for which the bonded labour was extracted from him.
Bonded Labour System (Abolition) Act 1976 (PDF)
THE PROHIBITION OF CHILD MARRIAGE ACT 2006
Section 2
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;
Section 3
(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;
Section 9
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 a fine which may extend to one lakh rupees (1000 INR) unless he proves that he had reason to believe that the marriage was not a child marriage.
Section 10
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 (1000 INR) or with both.
The Prohibition of Child Marriage Act 2006 (PDF)
THE IMMORAL TRAFFIC (PREVENTION) ACT 1956
Article 5. Procuring, inducing or taking [person] for the sake of prostitution—(1) any person who—
(a) procures or attempts to procure a [person], whether with or without his consent, for the purpose of prostitution; or
(b) induces a [person] to go from any place, with the intent that he may for the purpose of prostitution become the inmate of, or frequent, a brothel; or
(c) takes or attempts to take a [person], or causes a [person] to be taken, from one place to another with a view to his carrying on, or being brought up to carry on prostitution; or
(d) causes or induces a [person] to carry on prostitution;
[shall be punishable on conviction with rigorous imprisonment for a term of not less than three years and not more than seven years and also with fine which may extend to two thousand rupees and if any offence under this sub-section is committed against the will of any person, the punishment of imprisonment for a term of seven years shall extend to imprisonment for a term of fourteen years:
Provided that if the person in respect of whom an offence committed under this sub-section,—
(i) is a child, the punishment provided under this sub-section shall extend to rigorous imprisonment for a term of not less than seven years but may extend to life; and
(ii) is a minor, the punishment provided under this sub-section shall extend to rigorous imprisonment for a term of not less than seven years and not more than fourteen years;]
(3) An offence under this section shall be triable—
(a) in the place from which a [person] is procured, induced to go, taken or caused to be taken or from which an attempt to procure or take such [person] is made; or
(b) in the place to which he may have gone as a result of the inducement or to which he is taken or caused to be taken or an attempt to take him is made.
PENAL CODE 1860, AMENDED 2019
366. Kidnapping, abducting or inducing woman to compel her marriage, etc.—
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; 5[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].
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.
India Penal Code (amended 2019)-English-PDF.
THE PROHIBITION OF CHILD MARRIAGE ACT 2006, amended 2017
Section 2
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;
(f) “minor” means a person who, under the provisions of the Majority Act, 1875 (9 of 1875), is to
be deemed not to have attained his majority.
Section 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.
(4) While granting a decree of nullity under this section, the district court shall make an order directing both the parties to the marriage and their parents or their guardians to return to the other party, his or her parents or guardian, as the case may be, the money, valuables, ornaments and other gifts received on the occasion of the marriage by them from the other side, or an amount equal to the value of such valuables, ornaments, other gifts and money:
Provided that no order under this section shall be passed unless the concerned parties have been given notices to appear before the district court and show cause why such order should not be passed.
THE PARSI MARRIAGE AND DIVORCE ACT 1936
3. Requisites to validity of Parsi marriages.—
1[(1)] 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
2[(c) in the case of any Parsi (whether such Parsi has changed his or her religion or domicile or not) who, if a male, has not completed twenty-one years of age, and if a female, has not completed eighteen years of age.]
3[(2) Notwithstanding that a marriage is invalid under any of the provisions of sub-section (1), any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate.]
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.
THE ANAND MARRIAGE ACT, 1909
- Validity of Anand marriages.—
All marriages which may be or may have been duly solemnized according to the Sikh marriage ceremony called Anand 3[(commonly known as Anand Karaj)] shall be, and shall be deemed to have been with effect from the date Of the solemnization or each respectively, good and valid in law.
THE HINDU MARRIAGE ACT, 1955
5. Conditions for a Hindu marriage.—
A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:—
(i) neither party has a spouse living at the time of the marriage;
1[(ii) at the time of the marriage, neither party—
(a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or
(b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or
(c) has been subject to recurrent attacks of insanity 1***;]
(iii) the bridegroom has completed the age of 2[twenty-one years] and the bride, the age of 3[eighteen years] at the time of the marriage;
(iv) the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;
(v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two;
11. Void marriages.—
Any marriage solemnised after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto 2[against the other party], be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of section 5.
12. Voidable marriages.—
(1) Any marriage solemnised, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:—
3[(a) that the marriage has not been consummated owing to the imporence of the respondent; or]
(b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or
(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner 4[was required under section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978 (2 of 1978)], the consent of such guardian was obtained by force 5[or by fraud as to the nature of the ceremony or as to any material fact or circumstances concerning the respondent]; or
(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.
(2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage—
(a) on the ground specified in clause (c) of sub-section (1) shall be entertained if—
(i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered; or
(ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered;
(b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied—
(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;
(ii) that proceedings have been instituted in the case of a marriage solemnised before the commencement of this Act within one year of such commencement and in the case of marriages solemnised after such commencement within one year from the date of the marriage; and
(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of 6[the said ground].
18. Punishment for contravention of certain other conditions for a Hindu marriage.—
Every person who procures a marriage of himself or herself to be solemnized under this Act in contravention of the conditions specified in clauses (iii), (iv), 1[and (v)] of section 5 shall be punishable—
2[(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.]
(b) in the case of a contravention of the condition specified in clause (iv) or clause (v) of section 5, with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both;
THE FOREIGN MARRIAGE ACT, 1969
4. Conditions relating to solemnization of foreign marriages.—
A marriage between parties one of whom at least is a citizen of India may be solemnized under this Act by or before a Marriage Officer in a foreign country, if, at the time of the marriage, the following conditions are fulfilled, namely:—
(a) neither party has a spouse living,
(b) neither party is an idiot or a lunatic,
(c) the bridegroom has completed the age of twenty-one years and the bride the age of eighteen years at the time of the marriage, and
(d) the parties are not within the degrees of prohibited relationship:
Provided that where the personal law or a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degrees of prohibited relationship.
8. Objection to marriage.—
(1) Any person may, before the expiration of thirty days from the date of publication of the notice under section 7, object to the marriage on the ground that it would contravene one or more of the conditions specified in section 4.
Explanation.—Where the publication of the notice by affixation under clause (a) of section 7 and in the prescribed manner under clause (b) of that section is on different dates, the period of thirty days shall,
for the purposes of this sub-section, be computed from the later date.
(2) Every such objection shall be in writing signed by the person making it or by any person duly authorised to sign on his behalf, and shall state the ground of objection; and the Marriage Officer shall record the nature of the objection in his Marriage Notice Book.
20. Punishment for contravention of certain other conditions for marriage.
Any citizen of India who procures a marriage of himself or herself be solemnized under this Act in contravention of the condition specified in clause (c) or clause (d) of section 4 shall be punishable—
(a) in the case of a contravention of the condition specified in clause (c) of section 4, with simple imprisonment which may extend to fifteen days, or with the fine which may extend to one thousand rupees, or with both; and
(b) in the case of a contravention of the condition specified in clause (d) of section 4, with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both.
22. Punishment for wrongful action of Marriage Officer.—
Any Marriage Officer who knowingly and wilfully solemnizes a marriage under this Act in contravention of any of the provisions of this Act shall be punishable with simple imprisonment which may extend to one year, or with fine which may extend to five hundred rupees, or with both.
THE SPECIAL MARRIAGE ACT, 1954
4. Conditions relating to solemnization of special marriages.―
Notwithstanding anything contained in any other law for the time being in force relating to the solemnization of marriages, a marriage between any two persons may be solemnized under this Act, if at the time of the marriage the following conditions are fulfilled, namely:―
(a) neither party has a spouse living;
3[(b) neither party―
(i) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or
(ii) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or
(iii) has been subject to recurrent attacks of insanity 4* * *;]
(c) the male has completed the age of twenty-one years and the female the age of eighteen years;
5[(d) the parties are not within the degrees of prohibited relationship:
Provided that where a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degrees of prohibited relationship; and]
6[(e) where the marriage is solemnized in the State of Jammu and Kashmir, both parties are citizens of India domiciled in the territories to which this Act extends].
7[Explanation.―In this section, “custom”, in relation to a person belonging to any tribe, community, group or family, means any rule which the State Government may, by notification in the Official Gazette, specify in this behalf as applicable to members of that tribe, community, group or family:
Provided that no such notification shall be issued in relation to the members of any tribe, community, group or family, unless the State Government is satisfied—
(i) that such rule has been continuously and uniformly observed for a long time among those members;
(ii) that such rule is certain and not unreasonable or opposed to public policy; and
(iii) that such rule, if applicable only to a family, has not been discontinued by the family.]
7. Objection to marriage.―
(1) Any person may, before the expiration of thirty days from the date on which any such notice has been published under sub-section (2) of section 6, object to the marriage on the ground that it would contravene one or more of the conditions specified in section 4.
(2) After the expiration of thirty days from the date on which notice of an intended marriage has been published under sub-section (2) of section 6, the marriage may be solemnized, unless it has been previously objected to under sub-section (1).
(3) The nature of the objection shall be recorded in writing by the Marriage Officer in the Marriage Notice Book, be read over and explained if necessary, to the person making the objection and shall be signed by him or on his behalf.
24. Void marriages
(1) Any marriage solemnized under this Act shall be null and void 5[and may, on a petition presented by either party thereto against the other party, be so declared] by a decree of nullity if―
(i) any of the conditions specified in clauses (a), (b), (c) and (d) of section 4 has not been fulfilled; or
(ii) the respondent was impotent at the time of the marriage and at the time of the institution of the suit.
(2) Nothing contained in this section shall apply to any marriage deemed to be solemnized under this Act within the meaning of section 18, but the registration of any such marriage under Chapter III may be declared to be of no effect if the registration was in contravention of any of the conditions specified in clauses (a) to (e) of section 15:
Provided that no such declaration shall be made in any case where an appeal has been preferred under section 17 and the decision of the district court has become final.
25. Voidable marriages.―
Any marriage solemnized under this Act shall be voidable and may be annulled by a decree of nullity if,―
(i) the marriage has not been consummated owing to the wilful refusal of the respondent to consummate the marriage; or
(ii) the respondent was at the time of the marriage pregnant by some person other than the petitioner; or
(iii) the consent of either party to the marriage was obtained by coercion or fraud, as defined in the Indian Contract Act, 1872 (9 of 1872):
Provided that, in the case specified in clause (ii), the court shall not grant a decree unless it is satisfied,―
(a) that the petitioner was at the time of the marriage ignorant of the facts alleged;
(b) that proceedings were instituted within a year from the date of the marriage; and
(c) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the grounds for a decree:
Provided further that in the case specified in clause (iii), the court shall not grant a decree if,―
(a) proceedings have not been instituted within one year after the coercion had ceased or, as the case may be, the fraud had been discovered; or
(b) the petitioner has with his or her free consent lived with the other party to the marriage as husband and wife after the coercion had ceased or, as the case may be, the fraud had been discovered.
46. Penalty for wrongful action of Marriage Officer.―
Any Marriage Officer who knowingly and wilfully solemnizes a marriage under this Act,― (1) without publishing a notice regarding such marriage as required by section 5, or (2) within thirty days of the publication of the notice of such marriage, or (3) in contravention of any other provision in this Act,
shall be punishable with simple imprisonment for a term which may extend to one year, or with fine which may extend to five hundred rupees, or with both.
THE INDIAN CHRISTIAN MARRIAGE ACT, 1872
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 India 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 India.
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 is 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.
44. Consent of father or guardian.—
The provisions of section 19 apply to every marriage under this Part, either of the parties to which is a minor;
Protest against issue of certificate.—And any person whose consent to such marriage would be required there under may enter a protest against the issue of the Marriage Registrar’s certificate, by writing, at any time before the issue of such certificate, the word “forbidden” opposite to the entry of the notice of such intended marriage in the Marriage Notice Book, and by subscribing thereto his or her name and place of abode, and his or her position with respect to either of the parties, by reason of which he or she is so authorized.
Effect of protest.—When such protest has been entered, no certificate shall issue until the Marriage Registrar has examined into the matter of the protest, and is satisfied that it ought not to obstruct the issue of the certificate for the said marriage, or until the protest be withdrawn by the person who entered it.
60. On what conditions marriages of 1[Indian Christians] may be certified.
Every marriage between 1[Indian 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 a married 2[shall not be under 3[twenty-one years]], and the age of the woman intending to be married 4[shall not be under 5[eighteen 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. 1, 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: