DOWRY PROHIBITION ACT, 1961 

An Act to prohibit the giving or taking of dowry.
Be it enacted by Parliament in the Twelfth Year of the Republic of India as follows- 

1. Short title, extent and commencement.

(1) This Act may be called the Dowry Prohibition Act, 1961.

(2) It extends to the whole of India except the State of Jammu and Kashmir. 

(3) It shall come into force on such date’ as the Central Government may, by notification in the Official Gazette, appoint. 

2. Definition of “dowry”.

In this Act, “dowry” means any property or valuable security given or agreed to be given either directly or indirectly-
(a) by one party to a marriage to the other party to the marriage; or 

(b) by the parents of either party to a marriage or by a other person, to either party to the marriage or to any other person;
at or before or after the marriage us consideration for the marriage of the said parties, but does not include dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies.

Explanation I-
omitted by Act 63 of 1984, sec 2(b) (w.e.f 2-10-1985)

Explanation II-
The expression “valuable security” has the same meaning as in section 30 
of the Indian Penal Code. (45 of 1860.)

STATE AMENDMENT

Haryana
For section 2, substitute the following section, namely:-
2. Definitions-  In this Act, unless the context requires,-
(1) “dowry” means any property or valuable security given or agreed to be given either directly or indirectly:-
(a) by one party to a marriage to the other; or
(b) by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person,
at or before the marriage as consideration for the marriage of the said parties, but does not include dower or mahr in case of persons to whom the Muslim Personal Law (Shariat) applies.

Explanation I-
For the removal of doubts it is hereby declared that any presents made at the time of marriage of either party to the marriage in the form of cash, ornaments, clothes or other articles, shall not be deemed to be dowry within the meaning of this section, unless they are made as consideration for the marriage of the said parties.

Explanation II-
The expression “valuable security” has the same meaning as in section 30 of the Indian Penal Code (45 1860). or indirectly at
“Marriage expenses” shall include expenses incurred directly or indirectly at or before the marriage on,
(a) Thakka, Sagai, Tikka, sagun and milni ceremonies;
(b) The gifts made by one party to a marriage to the other party to the marriage or by the parents, grand-parents and brothers of either party to a marriage, to either party to the marriage or the blood relations thereof;
(c) illumination, food and the arrangements for serving food to the members of the marriage party and other expenses incidental thereto.

Explanation-
For the removal of doubts it is hereby declared that any gifts made by a person other than those specified in sub-clause(b), at the time of marriage to either party to the marriage shall not be deemed to be marriage expenses.

COMMENTS
(i) The definition of “dowry” given in section 2 of the Act would show that the “any is defined comprehensively to include properties of all sorts as it takes within its fol property or valuable security” given or agreed to be given in connection with marriage either directly or indirectly:
Bachni Devi v. State of Haryana, AIR 1098: (2011)4 JT 2011 (2) 2 SCALE 265.

(ii) Dowry’ means any property or valuable security given or agreed to be given either directly or indirectly by one party another, by parents of either party to each other or any other person, at, before or at any time after the marriage and connection with the marriage of the said parties but does not include dower or mahr under the Muslim Personal Law;
Ashok Kumar v. State of Haryana, AIR 2010 SC 2839: JT 2010 (7) SC 460: (2010) 7 SCALE 30

(iii) Payments which are customary payments, e.g, given at the time of birth of a child or other ceremonies as are prevalent in different societies are not covered by the expression dowry;
Ram Singh v. State of Haryana, 2008 (4) SCC 70: 2008 (2) SCR 216.

(iv) “Dowry” in the sense of the expression contemplated by Dowry Act is a demand for property of valuable security having an inextricable nexus with marriage, that is, it is a consideration from the side of the bride’s parents or relatives to the groom or his parents and/or guardian for the agreement to wed the bride-to-be. But where the demand for property or valuable security has with the no connection with the consideration for the marriage, it will not amount to a demand  for dowry;
Arjun Dhondiba Kamble v. State of Maharashtra, 1995 AIHC 273.

(v) The definition of dowry is wide enough to include all properties, valuable securities, etc, given or agreed to be given directly or indirectly;
Vemuri Venkateswara Rao v. State of Andhra Pradesh, 1992

(vi) While dowry signifies presents given in connection with marriage to the bridal couple as well as others, Stridhan in confined to property given to or meant for the bride;
Hakam Singh v. State of Punjab, 1990

(vii) Dowry means, any property given or agreed to be given by the parents of a party to the marriage at the time of the marriage or before marriage or at any time the marriage in connection with the marriage. So, where the husband had demanded a sum of Rs. 50,000 some days after the marriage from his father-in-law and on not being given became angry, tortured the wife and threatened to go for another marriage, it was held that the amount was being demanded in connection with the marriage and it was a demand for dowry though it was demanded after the marriage;
Y.K. Bansal v. Anju, 1989 All LJ 914.

(viii) The furnishing of a list of ornaments and other household articles such as refrigerator, furniture, electrical appliances, etc., at the time of the settlement of the marriage amounts to demand of dowry within the meaning of section 2 of the Dowry Prohibition Act, 1961;
Madhu Sudan Malhotra v. K.C. Bhandari, 1988 BLUR 360 (SC).

(ix) A sum of money paid by a Mohemmadan in connection with his daughter’s marriage to prospective bridegroom for the purchase of a piece of land in the joint name of his daughter and would-be son-in-law is not ‘dowry’ within the meaning of the Act;
Kunju Moideen v. Syed Mohamed, AIR 1986 Ker 48.

(x) Where the demand was made after the marriage for the purchase of a car, it was held that it did not fall within the definition of dowry;
Nirdosh Kumar v. Padma Rani, 1984 (2) Rec Cr R 239

(xi) Where the demand was made at the time when marriage ceremony was in progress and was repeated after the marriage, it was held that it fell within the definition of dowry;
L.V. Jadhav v. Shankar Rao, 1983

(xii) Definition of ‘dowry’ is not restricted to agreement or demand for payment of dowry before and at the marriage but also includes demands made subsequent to marriage;
State of Andhra Pradesh v. Raj Gopal AIR  2004 SCW 1566. 

3. Penalty for giving or taking dowry.

(1) If any person, after the commencement of this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable with imprisonment for a term which shall not be less than five years and with fine which shall not be less than fifteen thousand rupees, or the amount of the value of such dowry, whichever is more.
Provided that the Court may, for adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than five years.

(2) Nothing in sub-section (1) shall apply to, or in relation to,-
(a) presents which are given at the time of a marriage to the bride (without any demand having been made in that behalf):
Provided that such presents are entered in a list maintained in accordance with the rules made under this Act;
(b) presents which are given at the time of a marriage to the bridegroom (without any demand having been made in that behalf):
Provided that such presents and entered in a list maintained in accordance with the rules made under this Act.
Provided further that where such presents are made by or on behalf of the bride or any person related to the bride such presents are of customary nature and the value thereof is not excessive having regard to the financial status of the person by home or on whose behalf such presents are given.

STATE AMENDMENTS

Bihar
For section 3, substitute the following section, namely:
3. Penalty for giving or taking dowry- lf any person after the commencement of this Act, gives takes or abets the giving or taking of dowry, he shall be punishable with imprisonment which may extend to six months and with fine which may extend to five thousand rupees.
[Vide Bihar Act 4 of 1976, sec. 2 (w.e.f. 20-1-1976)]

Haryana
For section 3, substitute the following section, namely-
3. Bar of certain acts No person shall:-
(a) give or take or abet the giving or taking of dowry;
(b) demand, directly or indirectly from the parents or guardians of a bride or bridegroom, as the case may be, any dowry
(c) incur marriage expenses the aggregate value thereof exceeds five thousand rupees;
(d) display any gifts made at or before the marriage in the form of cash, ornaments, clothes or other articles.
(e) take or carry in excess of-
(i) twenty-five members of the marriage party; and
(ii) eleven members of the band;
(f) deny conjugal rights to his wife on the ground that dowry has not been given or the dowry given is insufficient.
[Vide Haryana Act 38 of 1976, sec. 2 (w.e.f. 11-8-1976).]

Himachal Pradesh
For section 3, substitute the following section, namely-
3. Penalty for giving or taking dowery- If any person gives or or abets the giving or taking of dowry, he shall be punishable with imprisonment which may extend to one year and with fine which may extend to five thousand rupees.
[vide Himachal Pradesh Act 25 of 1976, sec. 2 (w.e.f. 24-6-1976)]

COMMENTS
(i) Section 3 does not contravene articles 14, 19, 21 and 22 of the Constitution and therefore this section is not ultra vires of the said articles;
Indrawati v. union of India, I (1991) DMC 117 (All). 

(ii) The offence is founded in the relationship of the property demanded as abettor with the nature of demand. It should not bear a mere connection with marriage:
Madan Lal v. Amar Nath, (1984) 2 Rec Cr 581.

(iii) Abetment is a preparatory act and connotes active complicity on the part of the abettor at a point of time prior to the actual commission of the offence;
Muthummal v Maruthal, 1981 Cr LJ 833 (Mad).

4. Penalty for demanding dowry.

If any person, after the commencement of this Act, demands, directly or indirectly, from the parents, relatives or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to 2 years and with fine which may extend to Rs.10,000.
Provided that the Court may, for a adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months.

STATE AMENDMENTS

Himachal Pradesh
After section 4, insert the following sections-

4A. Bar of certain acts- Any person who-

(i) displays any present made at the time of marriage in the form of cash, ornaments, clothes or other articles, or

(ii) gives in the form of “Shagun” at the time of “tahaka”, betrothal or Tikka” any thing the value of which exceeds eleven rupees; or

(iii) gives to the parerts or any other relation to a party to the marriage anything on the occasion of “milni” or any other ceremony performed in relation to betrothal or marriage;

shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five thousand rupees, or with both.

4B. Penalty for depriving any party of the rights and privileges of marriage-

(1) If after the marriage any party to the marriage with or without assistance of any other person deprives the other party of the rights and privileges of marriage or tortures or refuses to maintain the said other party for non-payment of dowry before, during or after marriage, he shall be punishable with imprisonment which may extend to one year and with fine which may extend to five thousand rupees.

(2) The provision of this section shall be in addition to and not in derogation of any provision or the subject contained in any other law for the time being in force.

[Vide Himachal Pradesh Act 25 of 1976, sec. 4 (w.e.f. 24-6-1976).]

 

Punjab
After section 4, insert the following sections, namely-

4A. Bar of certain Acts- Any person who-

(i) display any presents made at the time of such marriage in the form of cash, ornaments, clothes or other articles; or

(ii) takes in a marriage party more than twenty- five persons exclusive of minors and the members of the band; or

(iii) gives in the form of sagun at the time of thaka, betrothal or marriage anything the value of which exceeds eleven rupees; or

(iv) gives to the parents or any other relation of a party to the marriage anything on the occasion of “milni” or any other ceremony performed in relation to betrothal or marriage; or

(v) serves to the marriage party more than two principal meals,

Shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five thousand rupees or with both.

Explanation- Here “principal meal” means lunch or dinner.

4B. Penalty for depriving any party of rights and privileges of marriage-

Any Party to the marriage who after marriage, deprives the other party of the rights and privileges of marriage, or tortures or refuses to maintain the said other party, for non-payment of dowry, and any person who assists such party in the commission of such offence, shall be punishable with imprisonment for a term which may extend to one year and fine which may extend to Rs.5000.
[Vide Punjab Act 26 of 1976, sec. 4 (w.e.f, 20-5-1976).]

West Bengal
After section 4, insert the following section, namely:-
4A. Penalty for depriving any party of the rights and privileges of marriage-
(1) if after the marriage, any party to the marriage with or without assistance of his parents or guardians deprives the other party of the rights and privileges of marriage, or tortures or refuses to maintain the said other party for non-payment of dowry before, during or after marriage, he shall be punishable with imprisonment which shall not be less than three months, but may extend to one year or with fine which shall not be less than Rs.2000, but may extend to Rs.5000 or with both. 

(2) The provisions section be in addition to, and not in derogation of any provisions on the subject contained in any other law for the time being in force.

COMMENTS
(i) Mere demand for “dowry” before marriage, at the time of marriage or any time after the marriage is an offence;
Bachni Devi v. State of Haryana, AIR 2011

(ii) The offence of demanding dowry stood committed even before the marriage was performed and also when the demand was repeated again and again after the performance of marriage in respect of the same items of dowry;
Harbans Singh v. Smt Gurcharan Kaur alias Sharan Kaur, 1993

(iii) The deceased had before being set on fire by her in-laws written a letter to her father that she was being ill-treated, harassed and threatened of dire consequences for non-satisfaction of demand of dowry. Thereby proving that an offence of demanding dowry under section 4 had been committed;
Bhoora Singh v. State of uttar Pradesh, 1993

(iv) There had been no agreement between either parties to the marriage nor their relations to give any property or valuable security to the other party at or before or after the marriage. Held that the demand of TV, refrigerator, gas connection, cash of Rs. 50,000 and 15 tolas of gold will not amount to demand of dowry but demand of valuable security and the said offence does not attract section 4 of the Dowry Prohibition Act;
Shankar Prasad Shaw v. State, 1992

(v) Furnishing of a list of ornaments and other household articles at the time of settlement of marriage amounts to demand of dowry and accused are liable to be convicted under section 4;
Raksha Devi v. Aruna Devi, (1991)

(vi) Section 4 of Dowry Prohibition Act is not ultra vires nor does it contravene articles 14, 19, 21, 22 of the Constitution;
Indrawati versus Union of India, 1991

4A. Ban On Advertisement.

If any person,-
(a) offers, through any advertisement in any newspaper, periodical, journal or through any other media, any share in his property or if any money or both as a share in any business or other interest as consideration for the marriage of his son or daughter or any other relative.
(b) prints or publishes or circulates any advertisement referred to in clause (a),
he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to five years, or with fine which may extend to fifteen thousand rupees:
Provided that the Court may, for adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than six months.

5. Agreement for giving or taking dowry to be void.

Any agreement for the giving or taking of dowry shall be void. 

6. Dowry to be for the benefit of the wife or her heirs.

(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 three months after the date of marriage; or
(b) if the dowry was received at the time of or after the marriage within three months after the date of its receipt; or
(c) if the dowry was received when the woman was a minor, within three months after she has attained the age of eighteen years,
and pending such transfer, shall hold it in trust for the benefit of the woman.

(2) If any person fails to transfer any property as required by sub-section (1) within the time limit specified therefor or as required by sub-section (3), he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years or with fine which shall not be less than five thousand rupees, but which may extend to ten thousand rupees or with both.

(3) Where the woman entitled to any property under sub-section (1) dies before receiving it, the heirs of the woman shall be entitled to claim it from the person holding it for the time being:
Provided that where such woman dies within seven years of her marriage, otherwise than due to natural causes, such property shall,-
(a) if she has no children, be transferred to her parents, or
(b) if she had children, be transferred to such children and pending such transfer, be held in trust for such children.

(3A) Where a person convicted under sub-section (2) for failure to transfer any property as required by sub-section (1) or sub-section (3) has not, before his conviction under that sub-section, transferred such property to the woman entitled thereto or, as the case may be, her heirs, parents or children, the Court shall, in addition to awarding punishment under that sub-section, direct, by order in writing, that such person shall transfer the property to such woman or, as the case may be, her heirs, parents or children within such period as may be specified in the order, and if such person fails to comply with the direction within the period so specified, an amount equal to the value of the property may be recovered from him as if it were a fine imposed by such Court and paid to such woman or, as the case may be, her heirs, parents or children.

(4) Nothing contained in this section shall affect provisions of Section 3 or Section 4.

COMMENTS
(i) Since the woman had died issueless, the articles constituting dowry are to be returned to her parents and not to her husband;
Rajiv versus Ram Kishan Jaiswal, 1994

(ii) The wife had died within less than three months of marriage, therefore not leaving behind any issue and the contention of the husband that he was the heir of the dowry articles was negatived and dowry articles were transferred to the parents of the wife;
Prithichand versus Des Raj Bansal, 1990.
also, Manas Kumar Dutt versus Alok Dutta,1990

(iii) Dowry items are required to be transferred to the parents and not to husband of the deceased;
Pradeep Kumar versus State of Punjab, 1990

7. Cognizance Of Offence.

(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973,-

(a) no Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence under this Act;

(b) no Court shall take cognizance of an offence under this Act except upon-
(i) its own knowledge or a police report of the facts which constitute such offence, or
(ii) a complaint by the person aggrieved by offence or a parent or other relative of such person, or by any recognized welfare institution or organisation;

(c) it shall be lawful for a Metropolitan Magistrate or a Judicial Magistrate of the first class to pass any sentence authorised by this Act on any person convicted of any offence under this Act.

Explanation-
For the purposes of this sub-section, “recognized welfare institution or organisation” means a social welfare institution or organisation recognized in this behalf by the Central or State Government.

(2) Nothing in Chapter XXXVI of the Code of Criminal Procedure, 1973 (2 of 1974), shall apply to any offence punishable under this Act.

(3) Notwithstanding anything contained in any law for the time being in force, a statement made by the person aggrieved by the offence shall not subject such person to a prosecution under this Act.

COMMENTS
(i) The point of time at which the cognizance is to be charged is the time when cognizance is actually taken;
M.L Sethi v. R.P.Kapoor 1967

(ii) The expression ‘to take cognizance’ has not been defined in this act nor in the code of criminal procedure. The word cognizance is, however used in the code to indicate the point when the magistrate takes judicial notice of an offence. It is a word of indefinite import and is perhaps not always used in exactly the same sense;
Darshan Singh versus State of Maharashtra, 1971

Dowry Prohibition Act

8. Offences To Be Cognizable For Certain Purposes And To Be Non-Bailable And Non-Compoundable.

(1) The Code of Criminal Procedure, 1973 (2 of 1974), shall apply to offences under this Act as if they were cognizable offences-

(a) for the purposes of investigation of such offences, and
(b) for the purpose of matters other than-
(i) matters referred to in Sec. 42 of that Code, and
(ii) the arrest of a person without a warrant or without an order of a Magistrate.

(2) Every offence under this Act shall be non-bailable and non-compoundable. 

8A. Burden Of Proof In Certain Cases.

Where any person is prosecuted for taking or abetting the taking of any dowry under Section 4, or the demanding of dowry under Section 4, the burden of proving that he has not committed an offence under those sections shall be on him.

STATE AMENDMENTS
Himachal Pradesh
For section 8A, substitute the following section, namely-

8A. Cognizance of offences- No Court shall take cognizance of any offence under this section except on a police report under section 173 the Code of Criminal Procedure, 1973, or a complaint made by a person aggrieved by the offence, as the case may be, within one year from the date of the commission of the offence:

Provided that no Police officer of the rank lower than that of the Deputy Superintendent of Police shall investigate any case registered under this Act:

Provided further that no Court shall take cognizance of any offence under this Act except with the previous sanction of the District magistrate, having jurisdiction in the area.

Ed. This State Amendment relates to section 8A prior to insertion of section 8A by the Central Act 43 of 1986, sec 8 (w.e.f. 19-11-1986)

Punjab
After section 8, insert the following section, namely-

8A. Institution of proceeding- No prosecution shall be instituted against any person in respect of any offence committed under this Act without the previous sanction of the District Magistrate or such officer as the State Government may by special or general order appoint in this behalf.
[vide Punjab Act 26 of 1976, sec. 7( w.e.f. 20-5-1976)]

Ed. This State Amendment was made prior to insertion of section 8A by the Central Act 43 of 1986, sec. 8 (w.e.f. 19-11-1986).

COMMENTS
(i) Where no specific suggestions given to any of the prosecutions witnesses regarding plea of alibi, the plea is not maintainable;
Pandurang Sivaram Kawathkar v. State of Maharashtra, 2001

(ii) If death of wife is within four years of marriage in abnormal conditions and demand of dowry and cruelty is established, the onus to rebut the presumption of dowry death shifts to defence.
vide Cr. Appeal No. 431 of 1997, decided on 4-2-2004

8B. Dowry Prohibition Officers.

(1) The State Government may appoint as many Dowry Prohibition Officers as it thinks fit and specify the areas in respect of which they shall exercise their jurisdiction and powers under this Act.

(2) Every Dowry Prohibition Officer shall exercise and perform the following powers and functions, namely:-
(a) to see that the provisions of this Act are complied with;
(b) to prevent, as far as possible, the taking or abetting the taking of, or the demanding of, dowry;
(c) to collect such evidence as may be necessary for the prosecution of persons committing offence under the Act; and
(d) to perform such additional functions as may be assigned to him by the State Government, or as may be specified in the rules made under this Act.

(3) The State Government may, by notification in the official Gazette confer such powers of a police officer as may be specified in the notification, on the Dowry Prohibition Officer who shall exercise such powers subject to such limitation and conditions as may be specified by rules made under this Act.

(4) The State Government may, for the purpose of advising and assisting the Dowry Prohibition Officer in the efficient performance of their functions under this Act, appoint an advisory board consisting of not more than five social welfare workers (out of whom at least two shall be women) from the area in respect of which such Dowry Prohibition Officer exercises jurisdiction under-sub-section (1). 

9. Power To Make Rules.

(1) The Central Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for-
(a) the form and manner in which, and the persons by whom, any list of presents referred to in sub-section (2) of Sec. 3 shall be maintained and all other matters connected therewith; and
(b) the better co-ordination of policy and action with respect to the administration of this Act.

(3) Every rule made under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect as the case may be, so, however. that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

STATE AMENDMENT

Himachal Pradesh
In section 9, in subsection (1) , after the words ‘Central Government’ insert the words ‘or the State Government’ with the prior approval of the Central Government.

Punjab
In section 9, in subsection (1) ,after the words ‘Central Government’ insert the words ‘or the State Government’.

COMMENTS
The Supreme Court directed to states and union territories for awareness regarding provision of the Act and Rules in the public.

10. Power Of The State Government To Make Rules.

(1) The State Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:
(a) the additional functions to be performed by the Dowry Prohibition Officers under sub-section (2) of Sec. 8B;
(b) limitations and conditions subject to which a Dowry Prohibition Officer may exercise his functions under sub- section (3) of Sec. 8B.

(3) Every rule made by the State Government under this section shall be laid as soon as may be after it is made before the State Legislature.

Dowry Prohibition Rules, 1985


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