Section 17 of Hindu Adoptions and Maintenance Act, 1956 - Prohibition of Certain Payments
Section 17 prohibits buying, selling, or financially rewarding an adoption. It bars both sides of the transaction: a person cannot receive or agree to receive a prohibited payment or reward, and another person cannot make, give, or agree to make or give it.
What Section 17 provides
17. Prohibition of certain payments.
(1) No person shall receive or agree to receive any payment or other reward in consideration of the adoption of any person, and no person shall make or give or agree to make or give to any other person any payment or reward the receipt of which is prohibited by this section.
(2) If any person contravenes the provisions of sub-section (1), he shall be punishable with imprisonment which may extend to six months, or with fine, or with both.
(3) No prosecution under this section shall be instituted without the previous sanction of the State Government or an officer authorised by the State Government in this behalf.
Meaning and legal effect of Section 17
1. Payment or reward for adoption is prohibited
Sub-section (1) applies where a payment or other reward is connected with the adoption as its consideration. The prohibition is drafted broadly enough to cover receiving, agreeing to receive, making, giving, or agreeing to make or give the prohibited payment or reward.
2. Both the giver and receiver are covered
The section is not confined to the person receiving money or a reward. A person who makes, gives, or agrees to make or give a prohibited payment or reward is also within the language of sub-section (1).
3. Contravention is punishable
Under sub-section (2), contravention of sub-section (1) is punishable with imprisonment for a term that may extend to six months, or with fine, or with both.
4. Previous sanction is required for prosecution
Sub-section (3) creates a procedural safeguard. A prosecution under Section 17 cannot be instituted unless previous sanction has been obtained from the State Government or from an officer authorised by the State Government for that purpose.
Section 17 at a glance
| What is prohibited? | Receiving, giving, or agreeing to receive or give a payment or other reward in consideration of an adoption. |
|---|---|
| Who may be covered? | Both the person receiving or agreeing to receive and the person making, giving, or agreeing to make or give the prohibited payment or reward. |
| Punishment | Imprisonment up to six months, or fine, or both. |
| Condition before prosecution | Previous sanction of the State Government or an officer authorised by it is required. |
Relationship with a valid adoption
Section 17 should be read as part of Chapter II of the Act, which regulates adoption. The validity of an adoption depends on compliance with the statutory requirements applicable to the adoption, including the requisites in Section 6 and the other conditions in Section 11. Section 17 separately addresses prohibited payments or rewards made in consideration of adoption.
Legal reference: The Hindu Adoptions and Maintenance Act, 1956 is a Central Act enacted to amend and codify the law relating to adoptions and maintenance among Hindus. For the current official text, use the India Code resource linked in the sidebar.