(1)  Where a child contracts a child marriage, any person having charge of the child, whether as parent or guardian or any other person or in any other capacity, lawful or unlawful, including any member of an organisation or association of persons who does any act to promote the marriage or permits it to be solemnised, or negligently fails to prevent it from being solemnised, including attending or participating in a child marriage, shall be punishable with rigorous imprisonment which may extend to two years and shall also be liable to fine which may extend up to one lakh rupees:

   Provided that no woman shall be punishable with imprisonment.

   (2)  For the purposes of this section, it shall be presumed, unless and until the contrary is proved, that where a minor child has contracted a marriage, the person having charge of such minor child has negligently failed to prevent the marriage from being solemnised.

STATE AMENDMENT

Karnataka

   Amendment of section 11.—In section 11 of the principal Act, in sub-section (1),—

   (a)  for the words “be punishable with rigorous imprisonment which may extend to two years”, the words “be punishable with a rigorous imprisonment of not less than one year which may extend up to two years” shall be substituted.

   (b)  proviso shall be omitted.

[Vide Karnataka Act 26 of 2017, s. 5].