By Advocate Md. Shah Alam · 2026-07-06 · 12 min read
Bangladesh has one of the highest rates of child marriage in the world, with millions of girls married before reaching adulthood. The Child Marriage Restraint Act 2017 — which replaced the colonial-era 1929 Act — represents the most significant legal overhaul of child marriage law in nearly a century. This guide explains the new legal minimum ages, the controversial special provision allowing underage marriage in limited circumstances, penalties for offenders, and how communities can fight back against this persistent violation of children rights.
Child marriage — defined as a formal or informal union where at least one party is under 18 years of age — remains a deeply entrenched social practice in Bangladesh, particularly in rural areas. Despite significant legal and social progress, Bangladesh currently ranks among the countries with the highest absolute numbers of child brides in the world.
According to UNICEF data, approximately 59% of women aged 20–24 in Bangladesh were married before age 18, and around 22% were married before age 15. While these figures have improved substantially over the past two decades — driven by girls education, social protection programmes, and legal reforms — child marriage remains a critical development challenge.
The consequences of child marriage for girls are severe:
For boys, early marriage also results in economic and educational disruption, though the harm is generally less severe due to gender dynamics in Bangladesh society. The law currently applies to both genders, setting different minimum ages reflecting biological and social factors.
The Child Marriage Restraint Act 2017 (Act No. VI of 2017) — known in Bangla as the বাল্যবিবাহ নিরোধ আইন ২০১৭ — replaced the Child Marriage Restraint Act 1929 and came into force upon presidential assent in March 2017. The 2017 Act brought significant changes to both the substantive law and the enforcement mechanisms for child marriage prohibition.
Key features of the 2017 Act include:
The Act applies to all citizens of Bangladesh regardless of religion, though it works alongside personal law (Muslim, Hindu, Christian) rather than completely displacing it. This creates some complexity in application.
The Child Marriage Restraint Act 2017 sets the following minimum ages of marriage currently in force:
Any marriage involving a person below these ages is a child marriage (বাল্যবিবাহ) under the 2017 Act, regardless of parental consent, custom, or religious practice. A marriage contracted in violation of these ages is not automatically void under the Act — it remains valid but the parties involved in arranging or solemnising it become criminally liable.
This is an important distinction: the validity of the marriage itself is not affected by the 2017 Act. Child marriages, once contracted, are legally recognised under personal law. However, the adults responsible for arranging the marriage face criminal prosecution. This approach has been criticised for not adequately deterring child marriage, since the marriage remains valid even after prosecution of the responsible adults.
Proof of age for marriage purposes is established through:
The following table compares the key differences between the repealed Child Marriage Restraint Act 1929 and the currently applicable Child Marriage Restraint Act 2017:
| Feature | Child Marriage Restraint Act 1929 | Child Marriage Restraint Act 2017 |
|---|---|---|
| Minimum age – Girls | 18 years | 18 years (unchanged) |
| Minimum age – Boys | 21 years | 21 years (unchanged) |
| Special provision for underage marriage | None | Yes – Section 19 allows court-approved exceptions |
| Penalty for contracting child marriage | Up to 1 month imprisonment or Tk. 1,000 fine | Up to 2 years imprisonment and/or Tk. 1,00,000 fine |
| Penalty for parent/guardian facilitating child marriage | Up to 1 month imprisonment or Tk. 1,000 fine | Up to 2 years imprisonment and/or Tk. 1,00,000 fine |
| Child Marriage Prevention Officer | Not designated | Designated under Section 13 |
| Cognizability of offence | Non-cognizable (police needed warrant) | Cognizable – police can act without warrant |
| Offender – the adult being married | Liable if over 18/21 | Liable if over 18/21, exempt if also a child |
Section 19 of the Child Marriage Restraint Act 2017 is the most contested provision in the legislation. It reads (in substance):
Notwithstanding anything contained in this Act, in case of a marriage of a son or daughter in the best interest of the minor, considering special circumstances, a marriage may be solemnised under the direction of the court.
The provision does not define what constitutes special circumstances, leaving the determination entirely to judicial discretion. This vagueness has attracted intense criticism for several reasons:
In defence of Section 19, the government has argued that it addresses genuine edge cases — such as cases of pregnancy outside marriage that might expose a girl to social harm — and that court oversight provides a safeguard. However, child rights advocates maintain that the provision should be removed and that the correct response to such situations is protection, not an underage marriage permit.
As of the current date, Section 19 remains in force and continues to generate debate. Courts applying this provision are expected to rigorously scrutinise any application and consider the full range of options to protect the child interest beyond marriage.
The Child Marriage Restraint Act 2017 creates criminal liability for multiple categories of persons involved in child marriage:
A male adult (18+ for marriage purposes) who marries a child (below 18 if female, below 21 if male) is guilty of an offence. Penalty: up to 2 years rigorous imprisonment and/or a fine of up to Taka 1,00,000. The child party to the marriage is not prosecuted.
Any person (e.g., a qazi, priest, or marriage registrar) who performs or registers a child marriage is guilty of an offence. Penalty: up to 2 years rigorous imprisonment and/or a fine of up to Taka 1,00,000.
Parents, guardians, or other adults who direct, permit, promote, or in any way facilitate a child marriage commit an offence. This is a critical provision targeting the adults (typically parents) who arrange child marriages. Penalty: up to 2 years rigorous imprisonment and/or a fine of up to Taka 1,00,000.
Courts have power to issue injunctions prohibiting a child marriage that is about to be contracted. Any violation of such an injunction constitutes contempt of court and carries additional penalties.
All offences under the 2017 Act are cognizable (police can arrest without warrant) and non-bailable (bail is not automatic). They are tried by the Judicial Magistrate First Class.
One of the most significant innovations of the 2017 Act is the creation of designated Child Marriage Prevention Officers (CMPOs) under Section 13 of the Act. These officers play a frontline role in preventing child marriages before they occur.
Currently designated CMPOs in Bangladesh include:
The powers and duties of a CMPO include:
In practice, the effectiveness of CMPOs varies considerably. In areas with engaged and proactive UNOs and DC offices, child marriage prevention has improved noticeably. In areas where the culture of early marriage remains dominant, enforcement remains weak. NGOs and civil society organisations play a crucial supplementary role in reporting and prevention.
Any person who has knowledge of a child marriage that has occurred or is about to occur can take legal action. The process is as follows:
Complainants are protected from retaliation under the Act. Filing a complaint in good faith about a child marriage does not expose the complainant to legal liability, even if the complaint ultimately proves unfounded.
Bangladesh has committed at the international level to ending child marriage. The government has adopted the National Plan of Action to End Child Marriage (2018–2030), aligned with the global commitment under Sustainable Development Goal (SDG) 5.3 to eliminate child marriage by 2030.
Key targets under the National Action Plan include:
Current UNICEF data highlights both progress and continuing challenges:
Effective enforcement of the Child Marriage Restraint Act 2017, combined with sustained investment in girls education, economic empowerment, and social norm change, remains the path to eliminating child marriage in Bangladesh.
Bangladesh is a signatory to several key international human rights instruments that bear on child marriage:
Under international law, children under 18 are considered incapable of giving fully informed, free, and meaningful consent to marriage. Child marriage is accordingly classified as a human rights violation regardless of cultural or religious traditions. Bangladesh domestic law under the 2017 Act is substantially (though not fully) consistent with these obligations.
Child marriage cases often intersect with family law, criminal law, and child protection law — requiring coordinated legal and social responses. Whether you are a family member trying to protect a child from early marriage, a survivor of child marriage seeking divorce or other relief, or a community worker navigating the legal enforcement system, expert legal guidance is essential.
Advocate Md. Shah Alam, operating from his Uttara, Dhaka chamber, has extensive experience in family law matters including child marriage cases, Muslim and civil divorce proceedings, custody disputes, and child protection petitions before both family courts and the High Court Division. His team can advise on both the criminal and civil dimensions of child marriage cases and represent clients at all court levels.
If you are facing an urgent situation involving an imminent child marriage, do not delay. Contact our family and divorce lawyer today for an immediate confidential consultation. Early legal intervention can stop a child marriage before it happens.
Under the Child Marriage Restraint Act 2017, the legal minimum age of marriage is 18 years for girls and 21 years for boys. Any marriage below these ages is a child marriage and makes the responsible adults criminally liable, even though the marriage itself remains legally valid under personal law.
Under Sections 7, 8, and 9 of the Child Marriage Restraint Act 2017, any adult who contracts, solemnises, or facilitates a child marriage is liable to up to 2 years rigorous imprisonment and/or a fine of up to Taka 1,00,000 (one lakh). Parents or guardians who arrange child marriages are equally liable.
Section 19 of the Child Marriage Restraint Act 2017 is a controversial provision that allows a court to approve a marriage involving a minor in unspecified special circumstances, if it considers the marriage to be in the minor best interest. Critics argue this creates a dangerous loophole that can be misused to legalise child marriages under pressure. UNICEF and other international bodies have called for its removal.
The Child Marriage Restraint Act 2017 does not automatically void child marriages. Once contracted, a child marriage is legally recognised under personal law (Muslim, Hindu, or Christian, as applicable). However, a girl who has been married as a child can seek divorce or judicial separation through the appropriate family court. Legal aid is available for such cases.
You can report a child marriage by: (1) contacting the Child Marriage Prevention Officer (UNO or Union Parishad Chairman); (2) filing an FIR at the nearest police station; (3) filing a petition before the Judicial Magistrate First Class; (4) calling the National Child Helpline at 1098; or (5) contacting a child rights NGO such as BRAC or Save the Children Bangladesh.
Yes, the Child Marriage Restraint Act 2017 applies to all citizens of Bangladesh regardless of religion. Muslim, Hindu, and Christian marriages are all subject to the minimum age requirements of 18 for girls and 21 for boys. The Act works alongside (rather than replacing) personal law, meaning that marriages contracted in violation of the Act may still be valid under personal law but will expose responsible adults to criminal liability.