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lawful or unlawful, who does any act to promote the marriage or permits it to be solemnised, or negligently fails to prevent it from being solemnised, shall be punishable with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both :
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 has contracted a child. marriage, the person having charge of such minor has negligently failed to prevent the marriage from being solemnised. 7. Imprisonment not to be awarded for offences under section 3.
Notwithstanding anything contained in section 25 of the General Clauses Act 10, 1897, or section 64 of the Indian Penal Code 45 of 1860,a Court sentencing an offender under section 3 shall not be competent to direst that, in default of payment of the fine imposed, he shall undergo any term of imprisonment. 8. Jurisdiction under this Act.
Notwithstanding anything contained in section 190 of the Code of Criminal Procedure 5, 1898, no Court other than that of a Presidenoy Magistrate or a District Magistrate shall take cognizance of, or try, any offence under this Act. 9. Mode of taking cognizance of offences.
No Court shall take cognizance of any offenpe under this Act save upon complaint made within one year of tbe solemnisation of the marriage in respect of which the offence is alleged to have been committed. 10. Prelimanary inquiries into offences under this Act.
The Court taking cognizanc of an offence under this Act shall, unless it dismisses the complaint under section 203 of the Code of Criminal Procedure 5, 1898, either itself make an inquiry under section 202 of that Code, or direct a Magistrate of the first class subordinate to it to make such inquiry 11. Power to take security from complainant.
(1) At any time after examining the complainant and before issuing process for compelling the attendance of the accused, the Court shall, except for reasons to be recorded in writing, require the complainant to execute a bond, with or without sureties, for a sum not exceeding one hundred rupees, as security for the payment of any compensation which the complainant may be directed to pay under section 250 of the Code of Criminal Procedure 5, 1998; and, if such security is not furnished within such reasonable time as the Court may fix, the complaint shall be dismissed.
(2) A bond taken under this section shall be deemed to be a bond taken under the Code of Criminal Proceduro 5, 1898, and Chapter XLII of that Code shall apply accordingly.
L. GRAHAM, Secy. to the Govt. of India.
