1
[66. False oath, declaration, notice or certificate for procuring marriage.—Whoever, for the
purpose of procuring a marriage or licence of marriage, intentionally,—
(a) where an oath or declaration is required by this Act, or by any rule or custom of a Church
according to the rites and ceremonies of which a marriage is intended to be solemnized, such Church
being the Church of England or of Scotland or of Rome, makes a false oath or declaration, or,
(b) where a notice or certificate is required by this Act, signs a false notice or certificate,
shall be deemed to have committed the offence punishable under section 193 of the Indian Penal Code
(45 of 1860) with imprisonment of either description for a term which may extend to three years and, at
the discretion of the Court, with fine.]
67. Forbidding, by false personation issue of certificate by Marriage Registrar.—Whoever
forbids the issue, by a Marriage Registrar, of a certificate, by falsely representing himself to be a person
whose consent to the marriage is required by law, knowing or believing such representation to be false, or
not having reason to believe it to be true, shall be deemed guilty of the offence described in section 205 of
the Indian Penal Code (45 of 1860).
2
[68. Solemnizing marriage without due authority.—Whoever, not being authorized by section 5 of
of this Act to solemnize marriages, solemnizes or professes to solemnize, in the absence of a Marriage
Registrar of the district in which the ceremony takes place, a marriage between persons one or both of
whom is or are a Christian or Christians, shall be punished with imprisonment which may extend to ten
years, or (in lieu of a sentence of imprisonment for seven years or upwards) with transportation for a term
of not less than seven years, and not exceeding ten years,
3
* * * * *
and shall also be liable to fine.]
69. Solemnizing marriage out of proper time, or without witnesses.—Whoever knowingly and
wilfully solemnizes a marriage between persons, one or both of whom is or are a Christian or Christians,
at any time other than between the hours of six in the morning and seven in the evening, or in the absence
of at least two credible witnesses other than the person solemnizing the marriage, shall be punished with
imprisonment for a term which may extend to three years, and shall also be liable to fine.
Saving of marriages solemnized under special licence.—This section does not apply to marriages
solemnized under special licences granted by the Anglican Bishop of the Diocese or by his Commissary,
nor to marriages performed between the hours of seven in the evening and six in the morning by a
Clergyman of the Church of Rome, when he has received the general or special license in that behalf
mentioned in section 10.
4
[Nor does this section apply to marriages solemnized by a Clergyman of the Church of Scotland
according to the rules, rites, ceremonies and customs of the Church of Scotland.]
1. Subs. by Act 2 of 1891, s. 5, for s. 66.
2. Subs. by s. 6, ibid., for s. 68.
3. Omitted by the A.O. 1950.
4. Ins. by Act 2 of 1891, s. 7.
17
70. Solemnizing without notice or within fourteen days after notice, marriage with minor.—Any
Minister of Religion licensed to solemnize marriages under this Act, who, without a notice in writing, or,
when one of the parties to the marriage is a minor and the required consent of the parents or guardians to
such marriage has not been obtained, within fourteen days after the receipt by him of notice of such
marriage, knowingly and wilfully solemnizes a marriage under Part III, shall be punished with
imprisonment for a term which may extend to three years, and shall also be liable to fine.
71. Issuing certificate, or marrying, without publication of notice.—A Marriage Registrar under
this Act, who commits any of the following offences:—
(1) knowingly and wilfully issues any certificate for marriage, or solemnizes any marriage, without
publishing the notice of such marriage as directed by this Act;
1
[(2) marrying after expiry of notice.—after the expiration of two months after the copy of the
notice has been entered as required by section 40 in respect of any marriage, solemnizes such marriage;]
(3) solemnizing marriage with minor within fourteen days, without authority of Court, or
without sending copy of notice.—solemnizes, without an order of a competent Court authorizing him to
do so, any marriage, when one of the parties is a minor, before the expiration of fourteen days after the
receipt of the notice of such marriage, or without sending, by the post or otherwise, a copy of such notice
to the Senior Marriage Registrar of the district if there be more Marriage Registrars of the district than
one, and if he himself be not the Senior Marriage Registrar;
(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,
fourteen days after notice, or against authorized prohibition.—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.