Child Marriage Restraint Act,1929
- Child Marriage Restraint Act or the Sharda Act was passed on 28 September 1929 by the Imperial Legislative Council of India to fix the marriageable age for girls at 14 and boys at 18 years. It was adjusted to 15 for girls and 21 for boys following India’s independence in 1949. In 1978, the age limit was raised to 21 for boys and 18 for girls. The Sharda Act is named after Har Bilas Sarda.
- The Child Marriage Restraint Act was passed with the planned mission of eradicating the evil of child marriage from the country. The legal age of marriage is currently 18 for boys and 21 for girls, as determined by the Prohibition of Child Marriage Act, of 2006, respectively.
Features of Sharda Act 1929
- According to Child Marriage Restraint Act, the child is any female below the age of 18 years and a male below the age of 21 years.
- The term “child marriage” refers to the illegal event of the marriage of contracting parties of the child.
| Year |
Age of consent under s.375, 5th clause, IPC |
Age mentioned in the Marital Rape Exception to s.375 IPC |
Minimum age of marriage under the Child Marriage Restraint Act, 1929 |
| 1860 |
10 years |
10 years |
— |
| 1891 (Act 10 of 1891) after the amendment of I.P.C.) |
12 years |
12 year |
— |
| 1925 (after the amendment of I.P.C.) |
14 years |
13 years |
— |
| 1929 (after the passing of the Child Marriage Act) |
14 years |
13 years |
14 years |
| 1940 (after the amendment of the Penal Code and the Child Marriage Act) |
16 years |
15 years |
18 years |
- The term “contracting parties” refers to the marriage wherein either of the two or both parties is solemnized.
- Minor is any individual below the age of 18 years.
- If a male is 18 years to 21 years, then he is punished with simple imprisonment up to 15 days or a fine of Rs 1000 or both.
- If a male is above 21 years of age and marries a child, he will be punished with imprisonment of three months and a fine.
- If parents are involved, they will be punished with imprisonment of three months along with a fine.
- If the offenses were cognizable offenses, then the Code of Criminal Procedure, 1973 shall apply to these offenses for investigation purposes, for matters except referred to in section 42 and arrest without Magistrate order or a warrant.
