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Child Marriage Law in India: Prohibition of Child Marriage Act

Child marriage is a crime in India. The Prohibition of Child Marriage Act, 2006 lets the child party cancel the marriage, makes some child marriages void outright, and punishes the adults who arrange them.

By TrueSaath · published 2026-10-22 · checked October 2026 · general information, not legal advice

Who is a "child" for marriage

The Prohibition of Child Marriage Act, 2006 (PCMA) defines a child as a male who has not completed 21 years and a female who has not completed 18 years. A child marriage is any marriage where either party is a child. The Act applies across India and across religions, which is why it is the main law on this subject.

If you know of a child marriage that is about to happen, help is available immediately: Child Helpline 1098, the national emergency number 112, or the local police station. You do not need to give your name to raise the alarm.

Voidable at the option of the child (section 3)

Most child marriages are voidable, not automatically void. Section 3 lets the party who was a child at the time of marriage ask the district court to annul it. The petition can be filed by that person, or through a guardian or next friend along with the Child Marriage Prohibition Officer while they are still a minor. It must be filed before the person completes two years after reaching majority, which in practice means before age 20 for a woman and before 23 for a man.

When annulling the marriage the court can order the return of money, valuables, ornaments and other gifts exchanged, and can pass orders on maintenance and residence for the female party (section 4) and on custody and maintenance of any children. Children born of a child marriage are legitimate for all purposes (section 6).

When a child marriage is void (sections 12 and 14)

Section 12 makes a child marriage void from the start where the minor:

• was taken or enticed away from a lawful guardian,
• was compelled by force or induced by deceit to go from any place, or
• was sold for the purpose of marriage, or after the marriage was sold, trafficked or used for immoral purposes.

A marriage held in breach of a court injunction against it is also void (section 14). For how void and voidable marriages differ in practice, see our page on void and voidable marriage.

Punishments

• Adult man marrying a child (section 9): a man above 18 who contracts a child marriage faces rigorous imprisonment up to two years, or a fine up to one lakh rupees, or both.
• Performing or abetting (section 10): anyone who performs, conducts, directs or abets a child marriage faces the same maximum, unless they prove they had reason to believe it was not a child marriage.
• Parents and guardians (section 11): a parent, guardian or anyone in charge of the child who promotes or permits the marriage, or negligently fails to prevent it, faces rigorous imprisonment up to two years and a fine up to one lakh rupees. No woman can be punished with imprisonment under this section. The law presumes negligence when a minor in someone's charge has been married, unless the contrary is proved.

The offences are cognizable and non-bailable. Courts can also issue injunctions to stop an intended child marriage, including on complaints from the officer or any person with information.

Child Marriage Prohibition Officers

Section 16 requires state governments to appoint Child Marriage Prohibition Officers for an area. Their job is to prevent child marriages, collect evidence for prosecution, counsel families and the community, and raise awareness. They can approach the magistrate for an injunction. In many districts the role sits with officers of the women and child development department.

What the Supreme Court has said

In Independent Thought v. Union of India (2017), the Supreme Court read down the marital exception to rape in the old IPC, so that sexual intercourse by a man with his wife below 18 is rape, whether or not she is married. The Bharatiya Nyaya Sanhita, in force since 1 July 2024, keeps this position: the marital exception in BNS section 63 applies only where the wife is not under 18.

In Society for Enlightenment and Voluntary Action v. Union of India (October 2024), a three-judge bench led by Chief Justice D.Y. Chandrachud issued guidelines to make the PCMA work better. It asked states to appoint dedicated Child Marriage Prohibition Officers, focused on prevention, awareness and community involvement rather than prosecution alone, called for support to girls affected, including education and health, and suggested that Parliament consider outlawing child betrothals, which are not covered by the PCMA. The Ministry of Women and Child Development was told to circulate the judgment to all states and union territories.

If you are a young person at risk

You are not in trouble for speaking up. Tell a teacher, call 1098 or 112, or approach the police or the District Legal Services Authority for free legal help. Our page on court marriage and family opposition explains protection that adults can seek; the same officials can act to protect a child. Read our guide on the legal age for marriage for the age rules in detail.

This page is general information, not legal advice. Laws and procedures change, and courts may read them differently in your facts. For your own situation, speak to a lawyer, or get free legal aid through your District Legal Services Authority or NALSA's toll-free legal aid helpline 15100. More guides are on our marriage law hub.

Questions people ask

Is child marriage void or voidable in India?

Generally voidable: the person who was a child at marriage can ask the district court to annul it until two years after reaching majority. It is void where the minor was trafficked, enticed, forced or sold, or where the marriage defied a court injunction.

What is the punishment for arranging a child marriage?

Parents, guardians and anyone who performs or promotes it face rigorous imprisonment of up to two years and a fine of up to one lakh rupees. Women cannot be sent to prison under the section on parents and guardians.

Who is a Child Marriage Prohibition Officer?

An officer appointed by the state for an area to prevent child marriages, collect evidence, counsel families and seek court injunctions. You can approach them through the district administration or women and child development office.

How can I stop a child marriage happening near me?

Call Child Helpline 1098 or emergency number 112, or inform the local police or the Child Marriage Prohibition Officer. A magistrate can issue an injunction, and a marriage held in breach of it is void.

Are children born from a child marriage legitimate?

Yes. Section 6 of the Prohibition of Child Marriage Act says a child born of a child marriage is legitimate for all purposes, even if the marriage is annulled.

Sources

Checked in October 2026. Laws, rules and court positions change; confirm the current position before acting on it.

• Prohibition of Child Marriage Act, 2006 (bare act, Madhya Pradesh High Court)
• Verdictum: Society for Enlightenment and Voluntary Action v. Union of India, 2024 INSC 790
• Supreme Court Observer: Independent Thought v. Union of India (2017)
• Ministry of Women and Child Development: Child Helpline 1098
• NALSA: FAQs on free legal aid and helpline 15100

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