REGISTERED No. D-(D)
एजिस्ट्री सं ० डी-(डो)-72
भारत का राजपत्र The Gazette of India
असाधारण
EXTRAORDINARY
भाग II-खण्ड 1
PART II Section 1
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
से० 3]
नई दिल्ली, मंगलवार, मार्च 14 , 1978/ फाल्गुन 23, 1899
No. 3 ] NEW DELHI , TUESDAY, MARCH 14, 1978 PHALGUNA 23, 1899
इस भाग में भिन्म पृष्ठ संख्या दी जाती हैं जिससे कि यह अलग संक्रलय के रूप में रखा जा सके ।
Separate paging is given to this Part in order that it may be filed as a separate compilation
MINISTRY OF LAW , JUSTICE AND COMPANY AFFAIRS
(Legislative Department )
New Delhi , the 14th March 1978 / Phalguna 23, 1899 (Saka )
The following Act of Parliament received the assent of the Presi- dent on the 13th March , 1978 , and is hereby published for general information:-
THE CHILD MARRIAGE RESTRAINT ( AMENDMENT ) ACT, 1978
(No. 2 OF 1978 )
[13th March, 1978]
AnAct further to amend the Child Marriage Restraint Act , 1929 , and to make certain consequential amendments in the Indian Christian Marriage Act , 1872 , and the Hindu Marriage Act , 1955 .
Be it enacted by Parliament in the Twenty-ninth Year of the Republic of India as follows: -
1. (1) This Act may be called the Child Marriage Restraint (Amend- ment) Act , 1978 .
Short title and com- mence- ment.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette , appoint.
10 of1020 .
Amend ment of section 2 .
2. In section 2 of the Child Marriage Restraint Act . 1929 (hereinafter referred to as the principal Act ) , for clause (a ) , the following clause shall be substituted , namely :-
"(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;' .
( 13 ) 14
THE GAZETTE OF INDIA EXTRAORDINARY
[PART 1
3. After section 6 of the principal Act , the following section shall be inserted , namely: ---
Insertion. of new section
2 of1974 .
"7. The Code of Criminal Procedure , 1973 , shall apply to offences under this Act as if they were cognizable offences--
(a) for the purpose of investigation of such offences ; and
Offence to be cogniz- able for certain purposes
(b) for the purposes of matiers other than (i) matters refer- red to in section 42 of that Code , and ( i) the arrest of a person without a warrant or without an order of a Magistrate." .
4. In section 8 of the principal Act,--
Amend- ment of section 8.
5of1898, 2of 1974.
(a) for the words and figures " Code of Criminal Procedure, 1898" , the words and figures " Code of Criminal Procedure , 1973" shall be substituted;
(b) for the words " Presidency Magistrate or a Magistrate of the first class ", the words " Metropolitan Magistrate or a Judicial Magist- rate of the first class " shall be substituted ,
Amend. ment of section 10.
5of1898, 2of 1974 5. In section 10 of the principal Act, for the words and figures " Code of Criminal Procedure , 1898 " , the words and figures " Code of Criminal Procedure , 1973 " shall be substituted.
6. The enactments specified in the Schedule are hereby amended in the manner mentioned therein ,
THE SCHEDULE
Amend- ment of certain enact- menta,
[See section 6 ]
Amendments
Year No.
Short title
(1)
(3)
(4)
(2)
In section 60,-
1879
15
The Indian Christian Marriage Act , 1872 . (i) in condition number ( 1) , for the words " eighteen years" and " fifteen ycart" , the words " twenty -one years" and"eighteen years " shall respectively be substituted;
(ii) the proviso shall be omitted.
95
( 1) In section 5 ,
1955
The Hindu Marriage Act, 1955.
(i) in clause ( iii) , for the words " cigh- teen years" and " fifteen years" , the words " twenty-one years " and " eigh- teen years" shall respectively be sub- stituted;
(ii) clause (vi) shall be omitted.
(2) Section 6 shall be omitted.
(3) In section 12 , in sub-section ( r) , in clause ( c) , for the words and figure " is required under section 5 " , the words , figures and brackets " was required under section 5 as it stood immediately before the commencerunt of the Child Mar- riage Restraint 'Am ' ndment ) Act , 1978 " shall be substituted THE GAZETTE OF INDIA EXTRAORDINARY
Sc. 1)
15
Amandmente
Year
Short title
No,
(4)
(1)
(3)
(2)
(4) Iu section 18,
(i) for the brackets , letters and word "( v) and (vi)" the word, brackets and letter" and" ) " shall be substituted;
(ii) in clause (b) , the word " and" oo- curring at the end shall be omitted;
(iil) clause ( c) shallbe omitted.
K. K. SUNDARAM,
Secy. to the Govt. of India.
PRINTED BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS , DELHI, 1978