Child marriage is illegal: how to stop one and what happens after
Legal age of marriage (18 women, 21 men), who is punished under the PCMA 2006, how to stop a wedding (1098, injunction), and options after a child marriage.
In short
- A marriage where the bride is under 18 or the groom under 21 is a child marriage Sec 2 PCMA. It applies to every religion and community.
- The adult groom, the priest or organiser, and the parents or guardians who permit or attend it can each get up to 2 years' rigorous imprisonment and a fine up to ₹1 lakh Sec 9–11. The offences are cognizable and non-bailable Sec 15.
- Anyone can act: call 1098 or 112, inform the Child Marriage Prohibition Officer, or ask a Magistrate for an injunction Sec 13. A wedding held in breach of an injunction is void.
- A person married as a child can have the marriage annulled until two years after turning 18, with maintenance and residence orders Sec 3, 4.
A girl married at 15 usually leaves school, often becomes a mother before her body is ready, and has little say over her own life. Child marriage still happens across India, sometimes quietly, sometimes in mass ceremonies on "auspicious" days. The Prohibition of Child Marriage Act, 2006 (PCMA) makes it a crime and gives ordinary people the tools to stop a wedding before it happens.
What the law says
A "child" is a male under 21 or a female under 18, and a child marriage is one where either party is a child Sec 2(a), 2(b) PCMA. The Act applies to every community; whether it overrides personal law on the validity of such marriages is a question the Supreme Court has kept open as of 2026, but the offences and injunction powers apply regardless. A bill to raise the women's age to 21 lapsed in 2024.
A child marriage is voidable: it stands until the person who was a child asks the district court to annul it, which they can do until two years after attaining majority (a girl until 20, a boy until 23) Sec 3. Some child marriages are void from the start, with no legal effect: where the child was taken or enticed away from a guardian, compelled or deceived into marrying, sold for marriage or trafficked Sec 12, or where the wedding was held in breach of a court injunction Sec 14. Karnataka has amended the Act for its territory to make every child marriage void.
Who can be punished
- A man above 18 who marries a child: rigorous imprisonment up to 2 years, or a fine up to ₹1 lakh, or both Sec 9.
- Anyone who performs, conducts or abets the marriage, such as a priest, qazi or organiser who knows it is a child marriage: the same punishment Sec 10.
- Parents, guardians or anyone in charge of the child who promotes or permits the marriage, or negligently fails to prevent it, including by attending: the same punishment; a woman cannot be imprisoned under this section, only fined Sec 11.
These offences are cognizable (police can register a case and arrest without a court's order) and non-bailable Sec 15. Any sexual act with a girl under 18 is also an offence under the POCSO Act and the BNS, even inside a marriage; the marital exception in Sec 63 BNS applies only when the wife is 18 or older.
Step by step: stopping a wedding
- Call 1098 (Childline) or 112 as soon as you hear of a planned child marriage, with the locality, date, venue and the girl's approximate age. You can stay anonymous.
- Inform the Child Marriage Prohibition Officer (CMPO) appointed under Sec 16. Depending on the state this is the Child Development Project Officer, the tehsildar, the BDO or the District Child Protection Officer; the district Women and Child Development office will tell you. The CMPO's job is to prevent the marriage, gather evidence and counsel the family.
- Report at the police station in writing. The offence is cognizable, so police can act on information of a planned marriage and must register an FIR if it takes place.
- Ask the Magistrate for an injunction Sec 13. A Judicial Magistrate can prohibit a specific marriage on a complaint by anyone with information, an NGO or the CMPO, or on their own knowledge; in urgent cases an interim injunction can be passed without first hearing the family. Disobeying it is punishable with up to 2 years and a fine up to ₹1 lakh, and the marriage itself is void Sec 14.
- Involve the Child Welfare Committee (CWC), which can declare the child "in need of care and protection" under the Juvenile Justice Act and place her in safe custody if the family insists.
Rekha, an anganwadi worker in a Rajasthan village, learns that a 16-year-old girl is to be married on Akshaya Tritiya in ten days, alongside her elder sister. She calls 1098 the same evening with the family's name and the date. Childline alerts the CMPO, who visits with a constable, records the girl's school certificate showing her age, and warns the parents and the pandit about Sec 10 and 11. The family insists it is "only an engagement", so the CMPO obtains an injunction under Sec 13 against the family and the pandit. The 16-year-old's wedding is dropped; her sister, who is 19, marries as planned.
If a child has already been married
The person who was a child can petition the district (family) court to annul the marriage, through a guardian or next friend along with the CMPO if still a minor Sec 3. The court can order the return of money, gifts and ornaments Sec 3(4), direct the husband, or his parents if he is a minor, to pay the girl maintenance until she remarries and provide her residence Sec 4, and decide custody Sec 5. Children of a child marriage are legitimate Sec 6. If the girl is under 18, the CWC must be involved.
In Society for Enlightenment and Voluntary Action v Union of India (2024) the Supreme Court directed every state to appoint dedicated CMPOs, prepare district action plans, train police and panchayats, and treat prevention and the child's rights as the priority. It also suggested that Parliament outlaw child betrothals, since many "engagements" are marriages in all but name.
Keep these ready
- Proof of the child's age: birth certificate, school leaving certificate, Aadhaar or anganwadi record.
- Details of the planned wedding: date, venue, invitation card, photos of preparations.
- Names of the groom, his family and the priest or organiser, if known.
- Your own name and number if you are willing to be a witness; otherwise report anonymously through 1098.
"The marriage has happened, so nothing can be done" is wrong. The offences remain punishable, the girl can annul the marriage until she is 20, and she is entitled to maintenance and residence. Equally, do not wait until you are sure of every detail; a report ten days before a wedding gives the CMPO time to act, one the night before often does not.
Where to go
- Childline 1098 (24 hours, free), or 112 if the wedding is imminent; Women Helpline 181.
- Child Marriage Prohibition Officer of your block or district, via the District Child Protection Unit; the Child Welfare Committee for the child's care.
- Police station for an FIR; the Judicial Magistrate for an injunction under Sec 13. Free lawyer: 15100 (nalsa.gov.in).
- National Commission for Protection of Child Rights: ncpcr.gov.in; Ministry of Women and Child Development's Bal Vivah Mukt Bharat campaign at wcd.gov.in.
Common questions
Is a child marriage automatically invalid?
Usually not. Under Sec 3 PCMA it is voidable: valid until the person who was a child asks the district court to annul it, which they can do until two years after turning 18. It is void from the start only in the situations in Sec 12 (child taken away, forced, deceived, sold or trafficked), where it breaches a court injunction, or in Karnataka, which has made all child marriages void by state amendment.
Can I report a child marriage anonymously?
Yes. Call 1098 or 112 and say you do not want to be named. The CMPO and police can act on the information and verify the child's age themselves. Many child marriages are stopped on tips from neighbours and teachers who never appear in the record.
What if the girl says she wants to marry?
Her consent does not make the marriage legal if she is under 18, and sexual relations with her remain an offence under the POCSO Act. The Child Welfare Committee will speak to her separately and can arrange counselling and schooling. Once she turns 18 she can marry whom she chooses.
Will the girl's parents go to jail?
They can be prosecuted under Sec 11, which carries up to 2 years and a fine up to ₹1 lakh, though a mother cannot be imprisoned under this section. When a wedding is stopped in time, the CMPO usually takes a written undertaking from the parents and monitors the family. Prosecution is more likely when the marriage goes ahead despite warnings or an injunction.
Does the PCMA apply to Muslims?
The Act applies to all citizens whatever their religion, and its preventive and penal provisions operate regardless of personal law. Whether a marriage of a Muslim girl above puberty but under 18 is valid under personal law is a separate question still pending before the Supreme Court as of 2026. In every case, the POCSO Act applies to sexual relations with anyone under 18.
This article is general information for awareness, not legal advice. For your situation, consult an advocate or call free legal aid at 15100.
