2017

22 sections

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Child Marriage Restraint Act, 2017

Sections22

LanguageEnglish

The Child Marriage Restraint Act, 2017 is the principal legislation prohibiting the solemnisation of child marriages in Bangladesh and protecting children from the harms of early marriage. The Act applies to all marriages contracted within Bangladesh involving parties under the age of 21 for males and 18 for females. It replaces the earlier Child Marriage Restraint Act, 1929 and introduces stricter penalties and additional protective mechanisms. The Act makes it an offence to solemnise, promote, or permit a child marriage, with punishments including imprisonment for up to two years and fines of up to one lakh taka (Section 3). It also penalises parents, guardians, and persons performing or directing the marriage ceremony. Notable provisions include the requirement for registering marriages and the prohibition on judicial officers from issuing orders that directly or indirectly permit child marriage. A particularly controversial provision is Section 19, which provides an exception allowing marriage of a minor under certain circumstances with the consent of the parents and permission of the court, a provision that has been subject to significant public debate. The Act also establishes the obligation of government officials and citizens to report child marriages to the appropriate authorities and provides for the annulment of child marriages upon application. The Act is currently in force and has been upheld by the High Court Division subject to certain interpretations.

Full text · showing key sections

§ 1Short title and commencement

(1)This Act shall be called the Child Marriage Restraint Act, 2017.

(2)It shall come into force immediately.

§ 2Definitions

Unless there is anything repugnant in the subject or context, in this Act—

(1)"Minor" means any male who has not completed twenty-one (21) years of age and any female who has not completed eighteen (18) years of age for the purpose of marriage;

(2)"Guardian" means a guardian appointed or declared under the Guardians and Wards Act, 1890 (Act No. VIII of 1890), and any person who bears the cost of maintenance of a minor shall also be included therein;

(3)"Adult" means any male who has completed twenty-one (21) years of age and any female who has completed eighteen (18) years of age for the purpose of marriage;

(4)"Child marriage" means a marriage where one party or both parties are minors; and

(5)"Rules" means rules made under this Act.

§ 3Formation of Child Marriage Restraint Committee

The Government may, in the manner prescribed by rules, form Child Marriage Restraint Committees at national, district, upazila and union levels comprising government officers, local public representatives, officers of non-governmental organizations and eminent persons at the local level, for the purpose of preventing child marriage, and determine their functions.

§ 4General power of certain government officers and local government representatives to prevent child marriage

Without prejudice to the provisions of section 5, if the Upazila Nirbahi Officer, Executive Magistrate, Upazila Women's Affairs Officer, Upazila Social Services Officer, Upazila Primary or Secondary Education Officer, Officer-in-Charge of the police station or representative of the local government receives report of child marriage through written or oral application of any person or through any other means, he shall stop such marriage or take necessary measures for taking legal action in the manner prescribed by rules.

§ 5Imposition of injunction on child marriage and punishment for breach of injunction

(1)If the court, on its own motion or on the basis of complaint of any person or on the basis of information received through any other means, is satisfied that arrangements have been made for a child marriage or that a child marriage is imminent, the court may impose injunction on such marriage.

(2)The court may, on its own motion or on the basis of application of the complainant, revoke the order given under sub-section (1).

(3)If any person breaches the injunction imposed under sub-section (1), he shall be punishable with imprisonment for a term not exceeding six (6) months, or with fine not exceeding ten (10) thousand taka, or with both, and in default of payment of fine, with imprisonment for a term not exceeding one (1) month.

§ 6Punishment for false complaint

If any person files false complaint under section 5, it shall be an offence and he shall be punishable with imprisonment for a term not exceeding six (6) months, or with fine not exceeding thirty (30) thousand taka, or with both, and in default of payment of fine, with imprisonment for a term not exceeding one (1) month.

§ 7Punishment for contracting child marriage

(1)If any adult male or female contracts a child marriage, it shall be an offence and he shall be punishable with imprisonment for a term not exceeding two (2) years, or with fine not exceeding one (1) lakh taka, or with both, and in default of payment of fine, with imprisonment for a term not exceeding three (3) months.

(2)If any minor male or female contracts a child marriage, he shall be punishable with detention order not exceeding one (1) month, or with fine not exceeding fifty (50) thousand taka, or with both:

Provided thatif a case is filed or punishment is imposed against any person under section 8, such minor male or female shall not be punished.

(3)In the case of trial and punishment under sub-section (2), the provisions of the Children Act, 2013 (Act No. 24 of 2013) shall apply.

§ 8Punishment for parents and other persons related to child marriage

If any father, mother, guardian or any other person, having authority over a minor whether legally or illegally, does any act in respect of contracting a child marriage, or gives permission or direction to do so, or fails to stop the marriage due to his own neglect, it shall be an offence and he shall be punishable with imprisonment for a term not exceeding two (2) years and not less than six (6) months, or with fine not exceeding fifty (50) thousand taka, or with both, and in default of payment of fine, with imprisonment for a term not exceeding three (3) months.

§ 9Punishment for solemnizing or conducting child marriage

If any person solemnizes or conducts a child marriage, it shall be an offence and he shall be punishable with imprisonment for a term not exceeding two (2) years and not less than six (6) months, or with fine not exceeding fifty (50) thousand taka, or with both, and in default of payment of fine, with imprisonment for a term not exceeding three (3) months.

§ 10Exemption from charge of child marriage on condition of taking initiative to prevent child marriage

Notwithstanding anything contained in other provisions of this Act, any person accused of a child marriage that did not take place, if the court considers it appropriate, may be exempted from the charge against him, if he furnishes a bond or surety in the prescribed form to the effect that he shall not be involved in child marriage in future and shall take initiative to prevent child marriage in his vicinity, in accordance with the conditions of the bond or surety.

§ 11Punishment for marriage registrar for registering child marriage, cancellation of licence

If any marriage registrar registers a child marriage, it shall be an offence and he shall be punishable with imprisonment for a term not exceeding two (2) years and not less than six (6) months, or with fine not exceeding fifty (50) thousand taka, or with both, and in default of payment of fine, with imprisonment for a term not exceeding three (3) months, and his licence or appointment shall be cancelled.

ExplanationFor the purposes of this section, "marriage registrar" means the licensed Nikah Registrar under the Muslim Marriages and Divorces (Registration) Act, 1974 (Act No. LII of 1974), and the marriage registrar appointed under the Christian Marriage Act, 1872 (Act No. XV of 1872), the Special Marriage Act, 1872 (Act No. III of 1872) and the Hindu Marriage Registration Act, 2012 (Act No. 40 of 2012).

§ 12Documents for proof of age

For proof of age of a male or female bound or desirous of being bound in marriage, birth registration certificate, national identity card, secondary school certificate or equivalent examination certificate, junior school certificate or equivalent examination certificate, primary school certificate or equivalent examination certificate, or passport shall be considered as legal documents.

§ 13Payment of compensation

(1)The money realized from the fine imposed under this Act shall be paid to the aggrieved party as compensation.

ExplanationFor the purposes of sub-section (1), "aggrieved party" means the party to the child marriage who is a minor.

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

§ 14Cognizance, bailability and non-compoundability of offence

The offences committed under this Act shall be cognizable, bailable and non-compoundable.

§ 15Trial procedure

The trial of offences committed under this Act shall be conducted in summary manner and for this purpose the procedure prescribed in Chapter XXII of the Code of Criminal Procedure, 1898 (Act No. V of 1898) shall apply.

§ 16Local investigation

Notwithstanding anything contained in any other law for the time being in force, for the purpose of settling any complaint or proceeding under this Act, the court may itself conduct local investigation for the purpose of ascertaining the truth of the incident or may direct any government officer or local government representative or any other person to conduct such investigation, and such investigation work shall be completed within thirty (30) working days:

Provided thatif the investigation work cannot be completed within the said time for reasonable reasons, the investigation work shall be completed within an additional fifteen (15) working days with reasons to be recorded, and the court shall be informed in writing thereof.

§ 17Application of Mobile Court Act, 2009

Notwithstanding anything contained in any other law for the time being in force, in case of offences committed under this Act, the Mobile Court may impose punishment, subject to being included in the schedule of the Mobile Court Act, 2009 (Act No. 59 of 2009).

§ 18Time limit for taking cognizance of offence

If complaint is not filed within two (2) years of commission of any offence under this Act, the court shall not take cognizance of such offence.

§ 19Special provision

Notwithstanding anything contained in other provisions of this Act, if a marriage is solemnized following the prescribed procedure, with the direction of the court and consent of the parents or, as the case may be, guardian, in special circumstances prescribed by rules for the best interest of the minor, it shall not be considered as an offence under this Act.

§ 20Power to make rules

The Government may, for the purposes of this Act, make rules by notification in the official Gazette.

§ 21Repeal and savings

(1)The Child Marriage Restraint Act, 1929 (Act No. XIX of 1929), hereinafter referred to as the said Act, is hereby repealed.

(2)Notwithstanding the repeal under sub-section (1), anything done or any action taken under the said Act shall be deemed to have been done or taken under this Act; and

(c) if any case or proceeding filed under the said Act is pending in any court, it shall be disposed of in such manner as if the said Act had not been repealed.

§ 22Publication of authentic English text

(1)After the enactment of this Act, the Government shall publish an authentic English translation of the Bengali text of this Act by notification in the official Gazette.

(2)In case of discrepancy between the Bengali and English texts, the Bengali text shall prevail.