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Report No. 15

Clause 53

The following comments may be made:-

(i) The reference to various classes of Churches have been omitted.

(ii) The formula "shall be deemed to have committed the offence punishable" has been replaced by the words "punishable with". Existing section 67 of the Christian Marriage Act links up the offence with section 193 I.P.C. (false evidence etc.), while section 45, Special Marriage Act, links it up with section 199 I.P.C. To make the clause self contained, the punishment has been reproduced in the clause.

(iii) Section 45 of the Special Marriage Act runs on different lines, in other respects. It has not been considered necessary to follow the language of that section, which punishes every person making, signing or attesting any notice, declaration or certificate, irrespective of the motive of the offender.

(iv) As a definition of "rule" in relation to rules of Church has been inserted1, consequential changes have been made in the clause under discussion.

1. See clause 2-"rule".

Report on the Law of Christian Marriage and Divorce Back

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