Section 18 HMA: Punishment for contravention of certain other conditions for a Hindu marriage

Hindu Marriage Act, 1955

Section 18 HMA at a Glance

Section 18 HMA punishes procuring one's own Hindu marriage in breach of age, prohibited relationship, or sapinda conditions in Section 5 HMA. Age breaches carry up to 2 years rigorous imprisonment, or a ₹1 lakh fine instead of imprisonment, or both.

Punishment

Clause (a): rigorous imprisonment up to 2 years. Clause (b): simple imprisonment up to 1 month

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

Section 18 HMA Bare Act Text

18. Punishment for contravention of certain other conditions for a Hindu marriage.

Every person who procures a marriage of himself or herself to be solemnized under this Act in contravention of the conditions specified in clauses (iii), (iv), and (v) of section 5 shall be punishable—

(a) in the case of contravention of the condition specified in clause (iii) of section 5, with rigorous imprisonment which may extend to two years or with fine which may extend to one lakh rupees, or with both.

(b) in the case of a contravention of the condition specified in clause (iv) or clause (v) of section 5, with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both; ***

***

Amendments to this section
  • Subs. by Act 2 of 1978, s. 6 and Schedule, for "(v) and (vi)" (w.e.f. 1-10-1978).
  • Subs. by Act 6 of 2007, s. 20 (w.e.f. 30-10-2007).
  • The word "and" omitted by Act 2 of 1978, s. 6 and Schedule (w.e.f. 1-10-1978).
  • Clause (c) omitted by s. 6 and Schedule, ibid. (w.e.f. 1-10-1978).

Section 18 HMA in Simple Words

Section 18 HMA prescribes criminal punishments for a person who procures one's own marriage to be solemnized under the HMA in breach of specific marriage conditions in Section 5 HMA. Section 18 HMA applies to the bride or bridegroom who procures one's own marriage in contravention of clauses (iii), (iv), or (v) of Section 5 HMA.

Under Section 18(a) HMA, contravening Section 5(iii) HMA, which requires that the bridegroom has completed 21 years of age and the bride has completed 18 years of age at the time of marriage, is punishable with rigorous imprisonment of up to 2 years, or a fine of up to ₹1 lakh instead of imprisonment, or both.

Under Section 18(b) HMA, contravening Section 5(iv) HMA (parties within the degrees of prohibited relationship) or Section 5(v) HMA (parties who are sapindas of each other), where no custom or usage governing each of the parties permits the marriage, is punishable with simple imprisonment of up to 1 month, or a fine of up to ₹1,000 instead of imprisonment, or both. By Section 11 HMA, marriages breaking Section 5(iv) or Section 5(v) HMA are also null and void.

Because the HMA does not classify its own offences, Part II of the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) governs classification: offences under Section 18 HMA are non-cognizable (so the police cannot register an FIR or arrest without a warrant), bailable (so bail can be claimed as of right), non-compoundable (cannot be settled out of court, as the HMA contains no compounding provision), and triable by any Magistrate. Section 18 HMA was amended by Act 2 of 1978 with effect from 1 October 1978, which also omitted clause (c), and by Act 6 of 2007 with effect from 30 October 2007.

Ingredients of Section 18 HMA

  • A person procures one's own marriage to be solemnized under the HMA.
  • For Section 18(a) HMA, the marriage contravenes Section 5(iii) HMA because the bridegroom has not completed 21 years of age or the bride has not completed 18 years of age at the time of marriage.
  • For Section 18(b) HMA, the marriage contravenes Section 5(iv) HMA (degrees of prohibited relationship) or Section 5(v) HMA (sapinda relationship).
  • For Section 5(iv) or Section 5(v) HMA to be contravened, no custom or usage governing each of the parties permits a marriage between the two.

Punishment Under Section 18 HMA

Imprisonment

Clause (a): rigorous imprisonment up to 2 years. Clause (b): simple imprisonment up to 1 month

Fine

Clause (a): up to ₹1 lakh. Clause (b): up to ₹1,000. Instead of or with imprisonment

Bailable ⓘNon-Cognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

The HMA does not classify its offences, so Part II of the First Schedule to the BNSS decides it: an offence punishable with imprisonment for less than 3 years is non-cognizable and bailable, and any Magistrate can try it. The HMA has no provision allowing an offence to be compounded.

Under Section 18(a) HMA, contravening the marriage age condition in Section 5(iii) HMA carries rigorous imprisonment of up to 2 years, or a fine of up to ₹1 lakh instead of imprisonment, or both. Under Section 18(b) HMA, contravening the prohibited relationship or sapinda conditions in Section 5(iv) or Section 5(v) HMA carries simple imprisonment of up to 1 month, or a fine of up to ₹1,000 instead of imprisonment, or both. Under Part II of the First Schedule to the BNSS, both offences are non-cognizable, bailable, non-compoundable, and triable by any Magistrate.

Example of Section 18 HMA

Hemant, aged 26 years, and Pooja, aged 25 years, live in Bhubaneswar and are within the degrees of prohibited relationship under Section 5(iv) HMA. Neither Hemant's nor Pooja's governing custom or usage permits a marriage between the two. Even so, Hemant and Pooja procure their own marriage to be solemnized under the HMA in Bhubaneswar. Because both procured their own marriage in contravention of Section 5(iv) HMA, Hemant and Pooja each commit an offence under Section 18(b) HMA. Each is punishable with simple imprisonment of up to 1 month, or a fine of up to ₹1,000 instead of imprisonment, or both, in a non-cognizable and bailable case triable by any Magistrate.

When Section 18 HMA Does Not Apply

  • Where the parties are within the degrees of prohibited relationship or are sapindas of each other, and custom or usage governing each of the parties permits a marriage between the two under Section 5(iv) or Section 5(v) HMA.
  • Where a person did not procure one's own marriage to be solemnized under the HMA, since Section 18 HMA punishes only a person who procures one's own marriage.
  • Contraventions of Section 5(i) HMA (living spouse, which falls under Section 17 HMA) or Section 5(ii) HMA (mental capacity conditions, which Section 18 HMA does not cover).

FAQs on Section 18 HMA

What is Section 18 HMA?▼

Section 18 HMA punishes any person who procures one's own marriage to be solemnized under the HMA in breach of the minimum age, prohibited relationship, or sapinda conditions in Section 5(iii), (iv), or (v) HMA. Depending on the clause violated, punishment reaches up to 2 years rigorous imprisonment, or a ₹1 lakh fine instead of imprisonment, or both, under clause (a), and up to 1 month simple imprisonment, or a ₹1,000 fine instead of imprisonment, or both, under clause (b).

What is the punishment for violating the marriage age rule under Section 18(a) HMA?▼

Up to 2 years rigorous imprisonment, or a fine up to ₹1 lakh instead of imprisonment, or both. Section 18(a) HMA applies when a person procures one's own marriage in breach of Section 5(iii) HMA, which sets 21 years for the bridegroom and 18 years for the bride.

Does Section 18(b) HMA apply if custom permits marriage between sapindas or prohibited relatives?▼

No. Under Section 5(iv) and Section 5(v) HMA, there is no contravention if the custom or usage governing each of the parties permits a marriage between the two, so Section 18(b) HMA is not attracted.

Are offences under Section 18 HMA cognizable or bailable?▼

Non-cognizable and bailable. Under Part II of the First Schedule to the BNSS, the police cannot register an FIR or arrest without a warrant, bail can be claimed as of right, and any Magistrate can try the offence.

Can an offence under Section 18 HMA be compounded?▼

No. The HMA contains no provision allowing an offence under Section 18 HMA to be compounded.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Hindu Marriage Act, 1955 ·