Topic Details
Topics Headnote Judgement
CHILD MARRIAGE RESTRAINT ACT PDF
CHILD MARRIAGE RESTRAINT ACT Criminal Jurisprudence — IPC — Ss 376 — Child Marriage Restraint Act — Eloping of minor girl and performing marriage with her lover — Consent — Intention of Legislature — Sex requires proper physical and emotional preparation— This is all considered as a sexual maturation— to regularize sexual behaviour of the community — the early age marriages are performed in some religions or communities— Taking into consideration these social and biological factors— the law makers have considered the age of 15 as the age of consent when the marriage is performed— Held, taking into consideration this background, the trial Judge has to pass an order of bail in such cases — CrPC — S 439 — Regular Bail. PDF