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  "title": "PUNJAB CHILD MARRIAGE RESTRAINT ACT 2026",
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  "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/ATEGMgI1AThcPw--",
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  "text": "THE PUNJAB CHILD MARRIAGE RESTRAINT ACT 2026 \r\n(XXVII of 2026) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Registration of child marriages \r\n4. Punishment for marrying a child \r\n5. Child abuse and its punishment \r\n6. Child trafficking and its punishment \r\n7. Punishment for guardian involved in a child marriage \r\n8. Jurisdiction under the Act \r\n9. Power to issue injunction \r\n10. Offences to be non-bailable \r\n11. Trial of offences \r\n12. Applicability of the Code \r\n13. Best interests of the child \r\n14. Power to make rules \r\n15. Repeal and saving \r\n \r\n \r\nTEXT \r\n1\r\nTHE PUNJAB CHILD MARRIAGE RESTRAINT ACT 2026 \r\n(XXVII of 2026) \r\n[11 May 2026] \r\nAn \r\nAct \r\nto restrain the solemnization of child marriages in the Punjab. \r\nIt is necessary to restrain the solemnization of child marriages in the Punjab and to \r\nprovide for the matters connected therewith and ancillary thereto. \r\nIt is hereby enacted by Provincial Assembly of the Punjab as follows: \r\n1. Short title, extent and commencement .– (1) This Act may be cited as the \r\nPunjab Child Marriage Restraint Act 2026.  \r\n(2) It extends to whole of the Punjab.  \r\n(3) It shall come into force at once.  \r\n2. Definitions.– In the Act:  \r\n(a) “Act” means the Punjab Child Marriage Restraint Act 2026; \r\n(b) “best interests of the child” means the child’s well -being and holistic \r\ndevelopment, including safety, health, education, dignity, identity and \r\nprotection from abuse, exploitation and harmful practices, to be \r\nassessed in the light of the child's age and evolving capacities; \r\n(c) “child” means a person, male or female, who is under eighteen years of \r\nage;  \r\n(d) “child marriage” means an act of Nikah or solemnizing  a marriage \r\nwhere both or either of the contracting parties is a child;  \r\n(e) “Code” means the Code of Criminal Procedure, 1898 (V of 1898);  \r\n(f) “contracting party” means either of the parties whose Nikah or marriage \r\nis, or about to be, performed or solemnized;  \r\n(g) “Court” means the Court of Sessions as provided under the Code;  \r\n(h) “Government” means Government of the Punjab; and \r\n(i) “guardian” means a natural guardian or a guardian appointed under the \r\nGuardians and Wards Act, 1890 (VIII of 1890). \r\n3. Registration of child marriages.– (1) No Nikah registrar shall register a child \r\nmarriage.  \r\n                                    \r\n1This Act was passed by Provincial Assembly of the Punjab on 27 April 2026; and was assented to by Governor of the Punjab \r\non 11 May 2026; and was published in the Punjab Gazette (Extraordinary), dated: 11 May 2026, pp. 5907-5910. \r\n3 \r\n \r\n (2) Whoever contravenes the provision of sub-section (1), shall be liable to \r\nbe punished with simple imprisonment for a term which may extend to one year and \r\nwith fine of one hundred thousand rupees. \r\n4. Punishment for marrying a child.– Whoever, being an adult above eighteen \r\nyears of age, contracts a marriage with a child, shall be punished with rigorous \r\nimprisonment which may extend to three years but shall not be less than two years \r\nand shall be liable to fine which may extend to five hundred thousand rupees.  \r\n5. Child abuse and its punishment .– (1) Any form of cohabitation, before \r\nattaining the age of eighteen years, with or without consent, resulting from a child \r\nmarriage shall be the child abuse under the Act.  \r\n(2) Any person who induces, forces, persuades, entices or coerces any \r\nchild bride or child groom to engage in child abuse or commits child abuse shall be \r\npunished with imprisonment for a term which may extend to seven years but shall \r\nnot be less than five years  and with fine which shall not be less than one million \r\nrupees.  \r\n6. Child trafficking and its punishment .– (1) Any person who induces, forces, \r\npersuades, entices , compels or coerces any child  to leave , or takes such child \r\nbeyond the territorial boundary o f the Punjab for the purpose of defeating and \r\nevading the provisions of the Act for child marriage, shall commit the offence of child \r\ntrafficking, and shall be punished with imprisonment which may extend to seven \r\nyears but shall not be  less than five year s and with fine which may extend to one \r\nmillion rupees.  \r\n(2) Any person who recruits, harbours, transports, provides or obtains any \r\nchild for the purpose of child trafficking shall commit an offence under the Act which \r\nshall be punish ed with imprisonment which may extend to three years and with fine \r\nwhich may extend to five hundred thousand rupees.  \r\n7. Punishment for guardian involved in a child marriage .– Where a guardian \r\nor any other person in any capacity, lawful or unlawful, does any  act to promote a \r\nchild marriage, child abuse or permits a child marriage to be solemnized, or \r\nintentionally or negligently fails to prevent it from being solemnized, shall be \r\npunished with rigorous imprisonment which may extend to three years but shall no t \r\nbe less than two years , and shall also be liable to fine which may extend to five \r\nhundred thousand rupees.  \r\n8. Jurisdiction under the Act.– Notwithstanding anything contained in section \r\n190 of the Code, no court other than the Court of Session s shall take cognizance of \r\nor try any offence under the Act.  \r\n9. Power to issue injunction .– (1) Notwithstanding anything to the contrary \r\ncontained in any other law, the Court may, if satisfied with the information laid before \r\nit through an application that a child m arriage is going to be arranged, issue an \r\ninjunction:  \r\n Provided that where the person who has laid the information before the Court, \r\nrequests to keep his identity hidden from the contracting parties or from the parent or \r\nguardian of the contracting parties or other parent, the Court shall adopt appropriate \r\nmeasures to protect the identity of such person.  \r\n(2) No injunction under sub -section (1) shall be issued against any person \r\nunless the Court has previously given notice to such person, and has afforded him \r\nan opportunity to show cause against the issuance of the injunction:  \r\n Provided that the Court may dispense with such notice if it deems necessary.  \r\n(3) The Court may, either on its own motion or on an application of any \r\nperson, rescind or alter any order made under sub-section (1).  \r\n(4) Where an application under sub -section (3) is received, the Court shall \r\nafford an opportunity for the applic ant to appear before it either in person or by a \r\npleader, and if the Court rejects the application wholly or in part, it shall record in \r\nwriting the reasons thereof.  \r\n(5) Whoever, knowing that an injunction has been issued against him \r\nunder sub-section (1), disobeys such injunction, shall be punished with imprisonment \r\nfor a term which may extend to one year or fine which may extend to one hundred \r\nthousand rupees or with both.  \r\n10. Offences to be non -bailable.– Notwithstanding anything contained in the \r\nCode, an offence punishable under the Act shall be cognizable, non -bailable and \r\nnon-compoundable. \r\n11. Trial of offences.– The Court shall, on taking cognizance of a case  under the \r\nAct, proceed with the trial and conclude it within ninety days.  \r\n12. Applicability of  the Code .– Subject to the provisions of the  Act, the \r\nprovisions of the Code shall mutatis mutandis apply.  \r\n13. Best interests of the child .– (1) In all actions and decisions taken under this \r\nAct, including prevention, investigation, prosecution, bail, sen tencing and protective \r\ninjunctions, the best interests of the child shall be a primary consideration. \r\n(2) For the purposes of sub-section (1), the Court shall consider: \r\n(a) the child’s safety and protection from violence, intimidation, retaliation \r\nand social stigma; \r\n(b) the child's physical and mental health, including risks arising from \r\ncohabitation or pregnancy: \r\n(c) the child’s right to education and development, and future \r\nopportunities; \r\n(d) the child’s views, having regard to age and evolving capacities; \r\n(e) immediate protective needs, including safe shelter and supervised \r\ncustody where required; and \r\n(f) any other factor necessary to secure the child's dignity, autonomy and \r\nwelfare. \r\n(3) No child shall be treated as an offender merely by reason of being a \r\ncontracting party to a child marriage. \r\n(4) In any proceedings under this Act where a contracting party who  is a \r\nchild has been taken, enticed, induced, coerced, trafficked or otherwise removed \r\nfrom lawful guardianship for the purpose of marriage, the Court shall not treat the \r\n5 \r\n \r\nmere statement or purported consent of such child to reside with or accompany the \r\nadult contracting party as determinative of custody, residence or protective orders. \r\n(5) In cases under this Act, the Court shall conduct an independent and \r\nreasoned assessment of the child's safety, welfare and best interests, having regard \r\nto: \r\n(a) the circumstances in which the child was removed or taken; \r\n(b) any element of coercion, undue influence, intimidation, deception, \r\ngrooming or abuse; \r\n(c) the age, vulnerability and evolving capacity of the child; \r\n(d) the likelihood of continued harm, exploitation or retaliation; and \r\n(e) the necessity of protective custody, safe shelter, counseling or \r\nsupervised arrangements. \r\n(6) No finding of voluntary consent by a child shall, by itself defeat the \r\nprotective jurisdiction of the Court under this Act. \r\n(7) The Court shall prioritize the physical safety, mental well-being, dignity, \r\neducation and long -term development of the child over any claim based on marital \r\nstatus, customary practice or alleged consent. \r\n(8) The Government may, by rules, prescribe child -friendly procedures for \r\nrecording statements and providing protection and support services to a child in \r\nproceedings under this Act. \r\n14. Power to make rules .– The Government may, by notification in the official \r\nGazette, make rules for carrying out the purposes of the Act.  \r\n15. Repeal and saving .– (1) The Child Marriage Restraint Act, 1929 (XIX of \r\n1929) and the Punjab Child Marriage Restraint Ordinance 2026 (I of 2026) are \r\nhereby repealed. \r\n(2) All orders made and decisions taken under the repealed Act and \r\nrepealed Ordinance, shall be deemed to have been validly made and taken under \r\nthe Act.",
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