Forced marriage — marriage without the free and full consent of one or both parties — is a fundamental violation of human rights and dignity. In India, it occurs both in the form of underage child marriages and as coerced marriages of adults. India has a robust legal framework criminalising forced and child marriages, reinforced by Supreme Court judgments declaring consent the indispensable foundation of any valid marriage.
The Prohibition of Child Marriage Act, 2006
The Prohibition of Child Marriage Act, 2006 (PCMA) is the primary law against forced marriages of minors. Under the PCMA, a child is defined as a boy below 21 years or a girl below 18 years. Child marriage is treated as a criminal offence.
Key provisions: Adult males (above 18) who marry a child girl: imprisonment up to 2 years and/or fine up to Rs 1 lakh. Parents, guardians, or any adult who permits, promotes, performs, or participates in a child marriage: imprisonment up to 2 years and/or Rs 1 lakh fine (women are exempt from imprisonment but can be fined). Priests or persons who solemnise a child marriage: same penalties. Child marriages are voidable at the option of the minor — they can seek annulment upon reaching adulthood (the girl after 18, the boy after 21).
Certain categories of child marriages are void ab initio (automatically invalid from the start) — those involving kidnapping, force, trafficking, or deception of the child. Courts can issue injunctions to prevent upcoming child marriages, and Child Marriage Prohibition Officers (CMPOs) appointed under the PCMA have authority to prevent, investigate, and prosecute violations.
The government’s Bal Vivah Mukt Bharat (Child Marriage-Free India) campaign, launched in November 2024, aims to reduce child marriage by 10% by 2026 and eliminate it entirely by 2030. Balod district in Chhattisgarh became India’s first child marriage-free district in 2025. A 100-day intensive national campaign was launched in December 2025.
BNS 2023: Criminal Provisions Against Forced Marriage
The Bharatiya Nyaya Sanhita, 2023 contains specific provisions addressing forced marriages. BNS Section 87 addresses kidnapping or abduction to compel marriage or force sexual intercourse — a direct criminal provision against physically forcing a person into marriage. Penalty: up to 10 years imprisonment and fine.
BNS Section 88 deals with kidnapping or abduction for ransom, harm, or other purposes. BNS Section 351 (criminal intimidation) applies to threats used to coerce someone into marriage. BNS Section 115 (voluntarily causing hurt) and Section 117 (causing grievous hurt) apply to physical violence used to compel marriage.
Additionally, BNS Section 69 (making a false promise of marriage to have sexual intercourse) criminalises fraudulent promises of marriage where consent is obtained by deception — an important provision for cases where victims are lured into relationships under false marriage promises.
The Supreme Court’s Clear Position: Shakti Vahini 2018
The Supreme Court’s landmark judgment in Shakti Vahini v. Union of India (2018) is the definitive judicial statement on forced marriage and honour killings. The Court held that the right to choose one’s life partner is a Fundamental Right under Article 21 of the Constitution. Any attempt to prevent or punish consensual adult marriages through family pressure, caste councils (Khap Panchayats), or community groups is unconstitutional and illegal.
The Court further directed state governments to: establish ‘safe houses’ for couples under threat; create district-level protection cells; fast-track prosecution of honour killing cases; and sensitise police to protect rather than side with threatening families.
Protection of Women from Domestic Violence Act, 2005
The DVPA, 2005 provides additional protection where forced marriage overlaps with domestic violence. A woman who has been forced into marriage through coercion, threats, or deception can seek a Protection Order and Monetary Relief under the DVPA. Courts have accepted forced marriage as a form of domestic abuse within the Act’s definition of ‘domestic violence.’
What to Do if You Are Facing a Forced Marriage
If you are being forced into a marriage against your will: (1) Call CHILDLINE 1098 (if you are under 18) — they have authority to intervene immediately and prevent child marriages. (2) Call Women’s Helpline 181 for immediate support and guidance. (3) Approach the nearest Child Marriage Prohibition Officer (CMPO) — designated by state governments in each district. (4) File a complaint with local police, citing PCMA and BNS Section 87 (if kidnapping is involved). (5) File a Habeas Corpus petition in the High Court if you are being confined to prevent your escape — courts act urgently in such matters. (6) Contact NGOs like Girls Not Brides India, UNICEF India, Jagori, or Sakhi for legal assistance and safe shelter.
Final Thought
Forced marriage in India is a serious criminal offence. The PCMA, BNS, and DVPA together provide a comprehensive framework to prevent, criminalise, and provide remedies for both child marriages and adult forced marriages. The Supreme Court has firmly established that marriage requires the free consent of both parties — this is a constitutional right, not a social privilege that parents and communities can override. If you or someone you know is facing a forced marriage, act immediately through CHILDLINE, the Women’s Helpline, or the police. The law provides both emergency prevention tools and long-term criminal accountability for those who arrange or facilitate forced marriages.
Frequently Asked Questions (FAQs)
Q1. At what age can a person legally get married in India?
Under the Prohibition of Child Marriage Act, 2006 and all major personal marriage laws, the minimum legal marriage age is 21 years for men and 18 years for women. A marriage below these ages is a child marriage and is voidable at the minor’s option upon reaching adulthood. Adult males who marry girls below 18 face up to 2 years imprisonment. Parents who arrange such marriages face identical penalties. A Prohibition of Child Marriage Amendment Bill, 2021 proposed raising women’s minimum age to 21, but as of March 2026, it has not been enacted.
Q2. What is the difference between forced marriage and arranged marriage?
An arranged marriage where both parties freely consent — even if introduced and arranged by families — is legally valid. A forced marriage is one where consent is absent, coerced, or obtained by threats, deception, or physical compulsion. The critical legal element is free and voluntary consent of both parties. Courts and the Supreme Court have consistently affirmed that the form of the marriage (arranged vs. love) is irrelevant — what matters is that both parties genuinely and freely agreed.
Q3. Can I annul a forced marriage in India?
Yes. A child marriage can be annulled (voidable) at the minor’s option — the girl after 18, the boy after 21. An adult marriage obtained through fraud, coercion, or misrepresentation can be declared void or voidable under the Hindu Marriage Act (Section 12) or the Special Marriage Act (Section 25) by approaching the Family Court. The burden of proving lack of consent or fraud falls on the petitioner. Legal aid through NALSA is available to those who cannot afford a lawyer.
Q4. What should I do if my family is threatening me with violence if I don’t agree to marry someone?
This is criminal intimidation under BNS Section 351. Act immediately: file a police complaint citing the threats; approach the High Court for a personal liberty writ petition — courts issue protective orders rapidly; call Women’s Helpline 181 or CHILDLINE 1098; contact NGOs like Jagori, Sakhi, or One Stop Centres (OSCs) in your district for emergency shelter. Document all threats carefully with dates, witnesses, and any written communications. The Supreme Court’s Shakti Vahini directions require police to protect you.
Q5. Is it a crime for a priest to perform a child marriage in India?
Yes. The PCMA, 2006 explicitly criminalises the act of performing, solemnising, directing, or conducting a child marriage. Priests, pandits, maulvis, or any person who officiates at a child marriage face up to 2 years imprisonment and/or Rs 1 lakh fine. There is no religious exemption from this criminal liability. Reporting suspected child marriages before or after the ceremony to CHILDLINE 1098 or the CMPO can result in prevention of the marriage and prosecution of those involved.
