enerscript/MARRIAGEACT · Datasets at Fast360

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(4) issuing certificate against authorized prohibition.—issues any certificate the issue of which
has been prohibited, as in this Act provided, by any person authorized to prohibit the issue thereof,
shall be punished with imprisonment for a term which may extend to five years, and shall also be liable to
fine.
72. Issuing certificate after expiry of notice, or, in case of minor, within fourteen days after
notice, or against authorized prohibition.—Any Marriage Registrar knowingly and wilfully issuing any
certificate for marriage after the expiration of 2
[two months] after the notice has been entered by him as
aforesaid,
or knowingly and wilfully issuing, without the order of a competent Court authorizing him so to do,
any certificate for marriage, where one of the parties intending marriage is a minor, before the expiration
of fourteen days after the entry of such notice, or any certificate the issue of which has been forbidden as
aforesaid by any person authorized in this behalf,
shall be deemed to have committed an offence under section 166 of the Indian Penal Code (45 of 1860).
73. Persons authorized to solemnize marriage (other than Clergy of Churches of England,
Scotland or Rome).—Whoever, being authorized under this Act to solemnize a marriage,
and not being a Clergyman of the Church of England solemnizing a marriage after due publication of
banns, or under a license from the Anglican Bishop of the Diocese or a Surrogate duly authorized in that
behalf,
or, not being a Clergyman of the Church of Scotland, solemnizing a marriage according to the rules,
rites, ceremonies and customs of that church,
or, not being a Clergyman of the Church of Rome, solemnizing a marriage according to the rites,
rules, ceremonies and customs of that church,
issuing certificate, or marrying, without publishing notice, or after expiry of certificate;—
knowingly and wilfully issues any certificate for marriage under this Act, or solemnizes any marriage
between such persons as aforesaid, without publishing, or causing to be affixed, the notice of such
marriage as directed in Part III of this Act, or after the expiration of two months after the certificate has
been issued by him;

1. Subs. by Act 2 of 1891, s. 8(1), for clause (2).
2. Subs. by s. 8(2), ibid., for “three months”.
18
issuing certificate for, or solemnizing, marriage with minor, within fourteen days after notice.—
or knowingly and wilfully issues any certificate for marriage, or solemnizes a marriage between such
persons when one of the persons intending marriage is a minor, before the expiration of fourteen days
after the receipt of notice of such marriage, or without sending, by the post or otherwise, a copy of such
notice to the Marriage Registrar, or, if there be more Marriage Registrars than one, to the Senior Marriage
Registrar of the district;
issuing certificate authorizedly forbidden:—or knowingly and wilfully issues any certificate the
issue of which has been forbidden, under this Act, by any person authorized to forbid the issue;
solemnizing marriage authorizedly forbidden.—or knowingly and wilfully solemnizes any
marriage forbidden by any person authorized to forbid the same;
shall be punished with imprisonment for a term which may extend to four years, and shall also be liable to
fine.
74. Unlicensed person granting certificate pretending to be licensed.—Whoever, not being
licensed to grant a certificate of marriage under Part VI of this Act, grants such certificate intending
thereby to make it appear that he is so licensed, shall be punished with imprisonment for a term which
may extend to five years, and shall also be liable to fine.
1
[Whoever, being licensed to grant certificates of marriage under Part VI of this Act, without just
cause refuses, or wilfully neglects or omits, to perform any of the duties imposed upon him by that Part
shall be punished with fine which may extend to one hundred rupees.]
75. Destroying or falsifying register-books.—Whoever, by himself or another, wilfully destroys or
injures any register-book or the counterfoil certificates thereof, or any part thereof, or any authenticated
extract therefrom,
or falsely makes or counterfeits any part of such register-book or counterfoil certificates,
or wilfully inserts any false entry in any such register-book or counterfoil certificate or authenticated
extract,
shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable
to fine.
76. Limitation of prosecutions under Act.—The prosecution for every offence punishable under
this Act shall be commenced within two years after the offence is committed.
PART VIII
MISCELLANEOUS
77. What matters need not be proved in respect of marriage in accordance with Act.—Whenever
any marriage has been solemnized in accordance with the provisions of sections 4 and 5, it shall not be
void merely on account of any irregularity in respect of any of the following matters, namely:—
(1) any statement made in regard to the dwelling of the persons married, or to the consent of any
person whose consent to such marriage is required by law;
(2) the notice of the marriage;
(3) the certificate or translation thereof;
(4) the time and place at which the marriage has been solemnized;
(5) the registration of the marriage.
78. Corrections of errors.—Every person charged with the duty of registering any marriage, who
discovers any error in the form or substance of any such entry, may within one month next after the
discovery of such error, in the presence of the persons married, or, in case of their death or absence, in the
presence of two other credible witnesses, correct the error by entry in the margin, without any alteration
of the original entry, and shall sign the marginal entry, and add thereto the date of such correction, and
such person shall make the like marginal entry in the certificate thereof.

1. Ins. by Act 2 of 1891, s. 9.
19
And every entry made under this section shall be attested by the witnesses in whose presence it was
made.
And, in case such certificate has been already sent to the 1
[Registrar General of Births, Deaths and
Marriages], such person shall make and send in like manner a separate certificate of the original
erroneous entry, and of the marginal correction therein made.
79. Searches and copies of entries.—Every person solemnizing a marriage under this Act, and
hereby required to register the same,
and every Marriage Registrar or 1
[Registrar General of Births, Deaths and Marriages] having the
custody for the time being of any register of marriages, or of any certificate, or duplicate, or copies of
certificate, under this Act,
shall, on payment of the proper fees, at all reasonable times, allow searches to be made in such register, or
for such certificate, or duplicate or copies, and give a copy under his hand of any entry in the same.
80. Certified copy of entry in marriage-register, etc., to be evidence.—Every certified copy,
purporting to be signed by the person entrusted under this Act with the custody of any marriage-register
or certificate, or duplicate, required to be kept or delivered under this Act, of any entry of a marriage in
such register or of any such certificate or duplicate, shall be received as evidence of the marriage

(4) issuing certificate against authorized prohibition.—issues any certificate the issue of which

has been prohibited, as in this Act provided, by any person authorized to prohibit the issue thereof,

shall be punished with imprisonment for a term which may extend to five years, and shall also be liable to

fine.

72. Issuing certificate after expiry of notice, or, in case of minor, within fourteen days after

notice, or against authorized prohibition.—Any Marriage Registrar knowingly and wilfully issuing any

certificate for marriage after the expiration of 2

[two months] after the notice has been entered by him as

aforesaid,

or knowingly and wilfully issuing, without the order of a competent Court authorizing him so to do,

any certificate for marriage, where one of the parties intending marriage is a minor, before the expiration

of fourteen days after the entry of such notice, or any certificate the issue of which has been forbidden as

aforesaid by any person authorized in this behalf,

shall be deemed to have committed an offence under section 166 of the Indian Penal Code (45 of 1860).

73. Persons authorized to solemnize marriage (other than Clergy of Churches of England,

Scotland or Rome).—Whoever, being authorized under this Act to solemnize a marriage,

and not being a Clergyman of the Church of England solemnizing a marriage after due publication of

banns, or under a license from the Anglican Bishop of the Diocese or a Surrogate duly authorized in that

behalf,

or, not being a Clergyman of the Church of Scotland, solemnizing a marriage according to the rules,

rites, ceremonies and customs of that church,

or, not being a Clergyman of the Church of Rome, solemnizing a marriage according to the rites,

rules, ceremonies and customs of that church,

issuing certificate, or marrying, without publishing notice, or after expiry of certificate;—

knowingly and wilfully issues any certificate for marriage under this Act, or solemnizes any marriage

between such persons as aforesaid, without publishing, or causing to be affixed, the notice of such

marriage as directed in Part III of this Act, or after the expiration of two months after the certificate has

been issued by him;

1. Subs. by Act 2 of 1891, s. 8(1), for clause (2).

2. Subs. by s. 8(2), ibid., for “three months”.

18

issuing certificate for, or solemnizing, marriage with minor, within fourteen days after notice.—

or knowingly and wilfully issues any certificate for marriage, or solemnizes a marriage between such

persons when one of the persons intending marriage is a minor, before the expiration of fourteen days

after the receipt of notice of such marriage, or without sending, by the post or otherwise, a copy of such

notice to the Marriage Registrar, or, if there be more Marriage Registrars than one, to the Senior Marriage

Registrar of the district;

issuing certificate authorizedly forbidden:—or knowingly and wilfully issues any certificate the

issue of which has been forbidden, under this Act, by any person authorized to forbid the issue;

solemnizing marriage authorizedly forbidden.—or knowingly and wilfully solemnizes any

marriage forbidden by any person authorized to forbid the same;

shall be punished with imprisonment for a term which may extend to four years, and shall also be liable to

fine.

74. Unlicensed person granting certificate pretending to be licensed.—Whoever, not being

licensed to grant a certificate of marriage under Part VI of this Act, grants such certificate intending

thereby to make it appear that he is so licensed, shall be punished with imprisonment for a term which

may extend to five years, and shall also be liable to fine.

1

[Whoever, being licensed to grant certificates of marriage under Part VI of this Act, without just

cause refuses, or wilfully neglects or omits, to perform any of the duties imposed upon him by that Part

shall be punished with fine which may extend to one hundred rupees.]

75. Destroying or falsifying register-books.—Whoever, by himself or another, wilfully destroys or

injures any register-book or the counterfoil certificates thereof, or any part thereof, or any authenticated

extract therefrom,

or falsely makes or counterfeits any part of such register-book or counterfoil certificates,

or wilfully inserts any false entry in any such register-book or counterfoil certificate or authenticated

extract,

shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable

to fine.

76. Limitation of prosecutions under Act.—The prosecution for every offence punishable under

this Act shall be commenced within two years after the offence is committed.

PART VIII

MISCELLANEOUS

77. What matters need not be proved in respect of marriage in accordance with Act.—Whenever

any marriage has been solemnized in accordance with the provisions of sections 4 and 5, it shall not be

void merely on account of any irregularity in respect of any of the following matters, namely:—

(1) any statement made in regard to the dwelling of the persons married, or to the consent of any

person whose consent to such marriage is required by law;

(2) the notice of the marriage;

(3) the certificate or translation thereof;

(4) the time and place at which the marriage has been solemnized;

(5) the registration of the marriage.

78. Corrections of errors.—Every person charged with the duty of registering any marriage, who

discovers any error in the form or substance of any such entry, may within one month next after the

discovery of such error, in the presence of the persons married, or, in case of their death or absence, in the

presence of two other credible witnesses, correct the error by entry in the margin, without any alteration

of the original entry, and shall sign the marginal entry, and add thereto the date of such correction, and

such person shall make the like marginal entry in the certificate thereof.

1. Ins. by Act 2 of 1891, s. 9.

19

And every entry made under this section shall be attested by the witnesses in whose presence it was

made.

And, in case such certificate has been already sent to the 1

[Registrar General of Births, Deaths and

Marriages], such person shall make and send in like manner a separate certificate of the original

erroneous entry, and of the marginal correction therein made.

79. Searches and copies of entries.—Every person solemnizing a marriage under this Act, and

hereby required to register the same,

and every Marriage Registrar or 1

[Registrar General of Births, Deaths and Marriages] having the

custody for the time being of any register of marriages, or of any certificate, or duplicate, or copies of

certificate, under this Act,

shall, on payment of the proper fees, at all reasonable times, allow searches to be made in such register, or

for such certificate, or duplicate or copies, and give a copy under his hand of any entry in the same.

80. Certified copy of entry in marriage-register, etc., to be evidence.—Every certified copy,

purporting to be signed by the person entrusted under this Act with the custody of any marriage-register

or certificate, or duplicate, required to be kept or delivered under this Act, of any entry of a marriage in

such register or of any such certificate or duplicate, shall be received as evidence of the marriage