Dowry Prohibition Act
The Dowry Prohibition Act of 1961 [Act No. 28 of 1961] was enacted to prohibit the giving or taking of Dowry. This is because of the evil practices which were being followed in the name of Dowry.
The Act not only defines what Dowry means but also provides for the punishments concerning Dowry while legalising gifts given out of natural love and affection without any influence. The Act further provides provisions for Dowry Prohibition Officers and their powers and duties.
Learn all about the Dowry Prohibition Act of 1961 in this Article.
Table of Content 💻
Extent
With the commencement of the Jammu and Kashmir Reorganisation Act of 2019, The Dowry Prohibition Act of 1961 now applies to the whole of India. (Section 1)
Definition
"Dowry" is defined to mean,
any property or valuable security;
given or agreed to be provided;
either directly or indirectly.
(a) by one party to the other party in the marriage; or
(b) by the parents or any other person, to either the bride or the groom, or any other person; anytime before or after the marriage or even at the wedding, in connection with the marriage. (Section 2).
Explanation II attached to the Section clarifies the meaning of 'valuable security' in this Section has the same meaning as provided by Section 30 of the Indian Penal Code of 1860 [Act No. 45 of 1860].
This definition of "Dowry" excludes dower or mahr for persons to whom the Muslim Personal Law (Shariat) applies.
The Supreme Court, in the case of Rajinder Singh v. State of Punjab (AIR 2015 SC 157), broke down this definition into six parts for better understanding:-
1) Dowry must first consist of any property or valuable security- the word "any" is a word of width and would, therefore, include property and valuable security of any kind.
2) Property or security can be given or agreed to be provided. The Actual giving of such property or security is, therefore, optional.
3) Property or security can be given or agreed to be given directly or indirectly.
4) Such giving or agreeing to give can again be not only by one party to a marriage to the other but also by the parents of either party or by any other person to either party to the marriage or any other person. It will be noticed that this clause again widens the reach of the Act insofar as those guilty of committing the offence of giving or receiving Dowry are concerned.
5) Such giving or agreeing to give can be done anytime. It can be at, before, or any time after the marriage. Thus, it can be many years after a wedding is solemnised.
6) Such giving or receiving must be connected to the parties' marriage. The expression "in connection with" would, in the context of the social evil sought to be tackled by the Dowry Prohibition Act, mean "in relation with" or "relating to."
Penalty
As per Section 3(1) of the Act, if any person,
Gives or takes Dowry; or
Abets the giving or taking of Dowry;
be punishable with,
Imprisonment of not less than 5 years; and
Fine which shall not be less than the value of the Dowry or 15,000/- rupees (whichever is more).
But the proviso of the Section also provides that the Court may, in its discretion, for adequate and special reasons, impose an imprisonment of less than 5 years after recording the reason.
Section 3(1) shall not apply to or in relation to any present given at the time of marriage to the bride or bridegroom or both (without any demand being made on that behalf). This is true only when the presents have been entered in a list which is well maintained as per the rules made under this Act.
It is further provided that such presents shall only be of a customary nature and whose value thereof is not excessive depending on the financial capacity of the person by whom or on whose behalf such presents are given. [Section 3(2)]
As per Section 4 of the Act, when any person,
Demands;
Either directly or indirectly;
from either the parents or other relatives or guardians of the bride or bridegroom;
any Dowry, he shall be punishable with,
imprisonment of not less than 6 months, but up to 2 years; and
fine, which may extend to 10,000/- rupees.
But the proviso of the Section also provides that the Court may, in its discretion, impose an imprisonment of less than 6 months for adequate and special reasons after recording the reason.
Advertisement
As per Section 4A of the Act, advertisements relating to Dowry are punishable with,
imprisonment for not be less than 6 months, but which may extend to 5 years or
fine, which may extend to 15,000/- rupees:
The imprisonment can be less than 6 months if adequate and special reasons exist in view of the Court. The Court shall record such reasons in its judgment when imposing imprisonment for less than 6 months. (Proviso of Section 4A)
When any person-
offers, through any advertisement via any media like newspaper, periodical, journal, etc., any consideration or monetary benefit for the marriage of his son or daughter or any other relative,
Prints publishes or circulates any advertisement referred to in clause (a).
He shall be punishable under this Section.
Agreement for Dowry
Section 5 of the Act clarifies, "Any agreement relating to the giving or taking of Dowry shall be void."
Benefit of the wife
(1) Where any Dowry is received by any person other than the woman in connection with whose marriage it is given, that person shall transfer it to the woman-
(a) if the Dowry was received before marriage, within 3 months after the date of marriage, or
(b) if the Dowry was received at the time of or after the marriage, within 3 months after the date of its receipt, or
(c) if the Dowry was received when the woman was a minor, within 3 months after she attained the age of 18 years;
And pending such transfer shall hold it in trust for the woman's benefit. [Section 6(1)]
Whoever contravenes this provision shall be liable with imprisonment of not less than 6 months, which may extend to 2 years, or with a fine which shall not be less than 5,000/- rupees but may be up to 10,000/- rupees, or with both imprisonment and fine. [Section 6(2)]
If the woman dies before receiving the property she was entitled to under this Section, such property shall pass on to her heirs.
But where the woman dies dues to unnatural causes within 7 years of her marriage, such property shall -
If she doesn't have any children, be transferred to her parents or
If she has children, be transferred to such children. [Section 6(3)]
Cognizance
A Metropolitan Magistrate or a Judicial Magistrate of the first class shall have the power to try the offences under this Act.
The Court can only take cognizance under this Act on -
Its own knowledge or, a police report, or
A complaint by the person aggrieved, a parent or any other relative, or any recognised welfare institution or organisation. [Section 7(1)]
Provisions relating to Limitation for taking cognizance (Chapter XXXVI) under the Code of Criminal Procedure, 1973 does not apply to the Dowry Prohibition Act. [Section 7(2)]
Any statement the aggrieved person makes shall not hold them liable to a prosecution under this Act. [Section 7(3)]
Cognizable, non- Bailable, and non-compoundable
Every offence shall be cognizable under the Dowry Prohibition Act, 1961 [Section 8(1)]
Every offence under the Dowry Prohibition Act 1961 shall be non-bailable and non-compoundable. [Section 8(2)]
Burden of Proof
For any offence under Section 3 or Section 4 of the Act, the burden of proving that such offence has not been committed shall be on the accused. [Section 8A]
Dowry Prohibition Officers
The State Government is empowered to appoint as many Dowry Prohibition Officers as necessary and allocate areas under which they can exercise their jurisdiction and powers under the Dowry Prohibition Act, of 1961. [Section 8B(1)]
The functions of a Dowry Prohibition Officer are as follows -
To oversee the fulfillment of the provisions of this Act;
To prevent the taking or abetting the taking, or demanding of Dowry;
To collect evidence for the prosecution under this Act;
To perform any other function, the State Government may assign to them or as specified by any rules under this Act. [Section 8B(2)]
The State Government can also assign the powers of a police officer to a Dowry Prohibition Officer by notification in the Official Gazette. Such powers shall be exercised per the rules made under this Act. [Section 8B(3)]
Power to Make Rules
The Central Government is empowered to make rules under this Act by Section 9.
If a rule is made under Section 9 by the Central Government, it must first be presented before each House of the Parliament. [Section 9(3)]
The State Government has a similar power under Section 10 of the Act.
If a rule is made under Section 10 by the State Government, it must be presented before the State Legislature. [Section 10(3)]
More Provisions Relating to Dowry
Section 304B of the Indian Penal Code, 1860 deals with 'Dowry Death'.
Section 498A of the Indian Penal Code, 1860 deals with Subjecting a woman to cruelty, which includes the demand of Dowry and cruelty.
Section 113B of the Indian Evidence Act, 1872, deals with 'presumption as to Dowry death.'
Section 174 of the Code of Criminal Procedure, 1973 deals with suicide or other suspicious instances of death.
Frequently Asked Questions
Q1. Can a woman be held guilty under the Dowry Prohibition Act of 1961?
A1. A woman can be held guilty under the Dowry Prohibition Act 1961. Sections 3 and 4 of the Act, which deal with punishment concerning Dowry, use the words "any person," implying that even a woman can be held guilty under this Act.
Q2. What are the essential ingredients for Dowry death?
A2. The essentials of a Dowry death have been outlined in the case of Kamesh Panjiyar vs. State of Bihar, 2005, as follows:
Death of a woman.
Within 7 years of marriage.
She was subjected to harassment and cruelty by her husband or his family before her death.
Such harassment or cruelty is in connection to Dowry.
Burns, bodily injury, or other circumstances must cause the death. It must be disclosed that soon before her death, she was exposed to cruelty or harassment by her husband or any other relative. The brutality or harassment of her should be connected to the demand for Dowry.
Q3. What defences are available under the Dowry Prohibition Act 1961?
A3. Defences under the Dowry Prohibition Act, 1961 are provided under Section 3(2) of the Act, which provides that gifts presented without demand or customary are not considered 'Dowry'; hence no person will be held guilty for any offence under the Act.
Q4. How is Stridhan different from Dowry?
A4. The main difference between Stridhan and Dowry is the "demand, undue influence or coercion" element that is present in Dowry but absent in Stridhan.
Q5. What is Stridhan? Is it legal?
A5. Stridhan refers to the property a woman has acquired through her efforts or has been gifted to her by her family, friends, or husband. It is a woman's absolute property over which she has complete control and power of disposal.
The Hindu Succession Act of 1956 recognizes women's rights over their Stridhan and has made provisions. Hence, Stridhan is legal in India.
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