Key points
- The legal age of marriage in India is 21 for men and 18 for women, and a marriage below these ages is a child marriage.
- A child marriage is voidable at the option of the party who was a child, who can seek annulment until two years after reaching majority.
- A child marriage is void from the start where the minor was enticed, forced, deceived, sold or trafficked, or where it breaches a court injunction.
- Offences under the Act are cognizable and non-bailable, and adults who contract, conduct or promote a child marriage face up to two years' rigorous imprisonment and a fine of up to ₹1 lakh.
- Sexual intercourse with a wife below 18 is rape under Section 63 of the BNS and an offence under the POCSO Act.
- The 2021 bill to raise the marriage age for women to 21 lapsed in June 2024, so the age remains 18.
The legal age of marriage in India is 21 years for a man and 18 years for a woman. Under the Prohibition of Child Marriage Act, 2006, a marriage in which either party is below that age is a child marriage, and the adults who arrange, conduct or promote it commit an offence.
A child marriage is not automatically void. The 2006 Act makes it voidable at the choice of the party who was a child, treats it as void in certain grave situations, and protects the girl's right to maintenance and residence as well as the rights of any children born of the marriage. This guide explains each rule and the recent developments, from the lapsed proposal to raise the age for women to the Supreme Court's 2024 guidelines on prevention.
What is the legal age of marriage in India?
Section 2(a) of the 2006 Act defines a child as a male who has not completed 21 years or a female who has not completed 18 years. The same ages appear in the marriage laws of different communities:
| Law | Men | Women |
|---|---|---|
| Prohibition of Child Marriage Act, 2006 (Section 2(a)) | 21 | 18 |
| Hindu Marriage Act, 1955 (Section 5(iii)) | 21 | 18 |
| Special Marriage Act, 1954 (Section 4(c)) | 21 | 18 |
| Indian Christian Marriage Act, 1872 (Section 60) | 21 | 18 |
| Parsi Marriage and Divorce Act, 1936 (Section 3) | 21 | 18 |
Muslim personal law does not fix an age in the same way, and High Courts have differed on whether the 2006 Act overrides personal law on the validity of such marriages; the question remains unsettled. The POCSO Act, however, contains no exception for marriage or personal law, and courts have applied it to sexual acts with a wife below 18.
Is a child marriage void or voidable?
Voidable at the option of the child
Under Section 3, every child marriage is voidable at the option of the party who was a child at the time of marriage. Only that party can file a petition for a decree of nullity in the district court, which means the Family Court where one exists. A party who is still a minor files through a guardian or next friend, together with the Child Marriage Prohibition Officer.
The petition can be filed at any time before the petitioner completes two years after attaining majority. Majority is attained at 18, so in practice this means before the petitioner turns 20. When granting a decree, the court directs both sides to return the money, valuables, ornaments and other gifts received at the marriage, or their value.
When the marriage is void
Section 12 declares a child marriage void from the beginning where the minor was taken or enticed away from a lawful guardian; was forced, or induced by deceit, to go from any place; was sold for the purpose of marriage; or was married and then sold, trafficked or used for immoral purposes. Under Section 14, a child marriage solemnised in breach of a court injunction is also void.
Punishment for child marriage and who can be punished
- A man above 18 who marries a child (Section 9): rigorous imprisonment of up to two years, or a fine of up to ₹1 lakh, or both.
- Anyone who performs, conducts, directs or abets a child marriage (Section 10), such as a priest or organiser: rigorous imprisonment of up to two years and a fine of up to ₹1 lakh, unless they prove they had reason to believe it was not a child marriage.
- Anyone who promotes or permits a child marriage, or negligently fails to prevent it (Section 11), including parents, guardians, members of an organisation and those who attend or take part: rigorous imprisonment of up to two years and a fine of up to ₹1 lakh. No woman can be punished with imprisonment under this section.
Section 11 also presumes, unless the contrary is proved, that a person having charge of a minor who has been married negligently failed to prevent the marriage. All offences under the Act are cognizable and non-bailable (Section 15), so the police can register an FIR and investigate without a Magistrate's order, and bail is at the court's discretion.
Stopping a child marriage before it happens
Under Section 13, a Judicial Magistrate of the first class can issue an injunction prohibiting a child marriage that has been arranged or is about to take place. The Magistrate can act on an application by a Child Marriage Prohibition Officer, on a complaint from any person or non-governmental organisation with knowledge of the plan, or on a reliable report of their own accord. For mass child marriages on particular days, such as Akshaya Tritiya, the District Magistrate is treated as a Child Marriage Prohibition Officer with power to stop or prevent them.
A child marriage performed in breach of an injunction is void, and a person who knowingly disobeys one can be punished with up to two years' imprisonment, or a fine of up to ₹1 lakh, or both, though no woman is to be imprisoned for it.
Section 16 requires State Governments to appoint Child Marriage Prohibition Officers, whose duties include preventing child marriages, collecting evidence for prosecution, counselling families and raising awareness. A child at imminent risk of marriage is also a ‘child in need of care and protection’ under the Juvenile Justice (Care and Protection of Children) Act, 2015, so the Child Welfare Committee can step in. Anyone who learns of a planned child marriage can inform the police on 112, the child helpline on 1098, the local Child Marriage Prohibition Officer or the Magistrate.
Maintenance, residence, custody and legitimacy of children
When a child marriage is annulled, the district court protects the girl and any children of the marriage:
- Maintenance (Section 4): the court can order the male party, or his parent or guardian if he is a minor, to pay maintenance to the female party until she remarries, including interim maintenance.
- Residence (Section 4): the court can also make a suitable order for her residence until she remarries.
- Custody (Section 5): the court decides custody of any child of the marriage, treating the child's welfare as the paramount consideration, and can provide for access by the other parent and for the child's maintenance.
- Legitimacy (Section 6): every child begotten or conceived before the decree of nullity is treated as legitimate for all purposes.
The court can modify these orders if circumstances change (Section 7). Nullity, maintenance and custody petitions of this kind are covered on our divorce and family law page.
Sexual intercourse within a child marriage
Until 2017, the Indian Penal Code exempted a husband from a charge of rape for intercourse with a wife aged 15 or above. In Independent Thought v. Union of India (2017), the Supreme Court read that exception down, holding that sexual intercourse with a wife below 18 is rape. The Bharatiya Nyaya Sanhita, 2023 (BNS) now says so expressly: the marital exception in Section 63 applies only where the wife is not below 18.
The same act is also an offence under the POCSO Act, which has no marital exception; see our guide to the POCSO Act. A husband who marries a girl below 18 therefore risks prosecution not only under the 2006 Act but also for rape.
Recent developments in child marriage law
The lapsed 2021 amendment bill
In December 2021, the Prohibition of Child Marriage (Amendment) Bill, 2021 was introduced in the Lok Sabha to raise the minimum age of marriage for women to 21, the same as for men. It was referred to a Parliamentary Standing Committee but never passed, and it lapsed when the 17th Lok Sabha was dissolved in June 2024. The legal age for women therefore remains 18.
The Supreme Court's October 2024 guidelines
In Society for Enlightenment and Voluntary Action v. Union of India (18 October 2024), the Supreme Court held that child marriage violates children's fundamental rights, including their autonomy and their right to choose a partner, and issued guidelines to make the 2006 Act work better in practice. The guidelines call for Child Marriage Prohibition Officers with exclusive duties, training and adequate resources; coordination between the police, education, health and child protection departments; community involvement and awareness campaigns; monitoring and accountability; and individual care plans for girls at risk, covering education, counselling and rehabilitation.
The Court also noted that the Act says nothing about child betrothals, which can be used to evade it, and urged Parliament to consider outlawing them.
Frequently asked questions
What is the legal age of marriage in India?
The legal age of marriage in India is 21 for men and 18 for women. These ages are set by the Prohibition of Child Marriage Act, 2006 and repeated in the Hindu Marriage Act, the Special Marriage Act, the Indian Christian Marriage Act and the Parsi Marriage and Divorce Act. A 2021 bill to raise the age for women to 21 lapsed in 2024.
Is a child marriage valid in India?
A child marriage is voidable, not automatically void. The party who was a child can have it annulled by the district court until two years after reaching majority. It is void from the start if the minor was enticed, forced, deceived, sold or trafficked, or if it took place despite a court injunction. Either way, those responsible can be prosecuted.
What is the punishment for child marriage?
An adult man who marries a child faces rigorous imprisonment of up to two years, a fine of up to ₹1 lakh, or both. Anyone who performs, conducts, promotes or permits a child marriage faces rigorous imprisonment of up to two years and a fine of up to ₹1 lakh. Parents and guardians are presumed to have failed to prevent the marriage unless they prove otherwise. The offences are cognizable and non-bailable.
How can a child marriage be stopped before it takes place?
Inform the police on 112, the child helpline on 1098, the Child Marriage Prohibition Officer or the Judicial Magistrate. Under Section 13, the Magistrate can issue an injunction prohibiting the marriage, on a complaint by any person or organisation or even on a reliable report. A marriage performed in breach of the injunction is void, and disobeying it is punishable.
Does a girl married as a child get maintenance?
Yes. When the district court annuls a child marriage, it can order the husband, or his parent or guardian if he is a minor, to pay maintenance to the girl until she remarries, and can also make an order for her residence. Children of the marriage are legitimate, and the court decides their custody and maintenance with their welfare as the paramount consideration.
Law and judgments referred to
- Prohibition of Child Marriage Act, 2006
- Hindu Marriage Act, 1955; Special Marriage Act, 1954; Indian Christian Marriage Act, 1872; Parsi Marriage and Divorce Act, 1936
- Bharatiya Nyaya Sanhita, 2023 (Section 63)
- Juvenile Justice (Care and Protection of Children) Act, 2015
- Independent Thought v. Union of India, Supreme Court of India, 2017
- Society for Enlightenment and Voluntary Action v. Union of India, Supreme Court of India, 18 October 2024
- Prohibition of Child Marriage (Amendment) Bill, 2021 (lapsed in June 2024)
This guide explains the general law as it stood on 24 September 2026. It is not legal advice. For advice on a particular matter, consult an advocate.
