THE PROHIBITION OF CHILD MARRIAGE (KARNATAKA AMENDMENT) ACT, 2016
KARNATAKA ACT NO. 26 OF 2017
(First Published in the Karnataka Gazette Extra-ordinary on the twenty sixth day of April, 2017)
(Received the assent of the President on the twentieth day of April, 2017)
An Act to amend the Prohibition of Child Marriage Act, 2006 in its application to the State of Karnataka.
Whereas, it is expedient to amend the Prohibition of Child Marriage Act, 2006 (Central Act 6 of 2007), in its application to State of Karnataka, for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the sixty-seventh year of the Republic of India, as follows:-
1. Short title and commencement.- (1) This Act may be called the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016.
(2) It shall come into force on such a date as the State Government may, by notification in the official Gazette, appoint.
2. Substitution of section 3.- In the Prohibition of Child Marriage Act, 2006 (Central Act 6 of 2007) (hereinafter referred to as the principal Act), In section 3, after sub-section (1) the following shall be inserted, namely:-
“(1A) Notwithstanding anything contained in sub-section(1) every child marriage solemnized on or after the date of coming into force of the Prohibition of Child Marriage (Karnataka Amendment) Act, 2016 shall be void abinitio".
3. Amendment of section 9.- In section 9 of the principal Act, for the words “be punishable with rigorous imprisonment which may extend to two years", the words “be punishable with rigorous imprisonment of not less one year which may extend up to two years” shall be substituted.
4. Amendment of section 10.- In section 10 of the principal Act, for the words “be punishable with rigorous imprisonment which may extend to two years”, the words “be punishable with rigorous imprisonment of not less than one year which may extend up to two years” shall be substituted.
5. 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.
6. Amendment of section 13.- In section 13 of the principal Act, in sub-section (10),-
(a) for the words “of either description for a term which may extend to two years”, the words “with a minimum term of one year, which may extend up to two years” shall be substituted.
(b) proviso shall be omitted.
7. Insertion of new section 15A.- In the principal Act, after section 15, the following shall be inserted, namely:-
“15A. Police Officer to take cognizance of an offence suo-motto.- Every Police Officer shall take cognizance of an offence committed in his jurisdiction under this Act, suo motto.”
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