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DOWRY PROHIBITION ACT,
Section 1:
- Short title: Dowry Prohibition Act 1961
- Extends to whole of India
- Commenced on 1.7.
Section 2: DEFINITION OF DOWRY Any property or valuable security(section 30 of IPC,1860),
- Given or agreed to be given
- Directly or indirectly
- By and to whom ▲ One party to the marriage to another party to marriage ▲ Parents of one party to another party to another party ▲ (^) Third party
(past, present and future in connection with the marriage)
- Dower or mehar is not Dowry
Section 3: penalty for giving or taking Dowry Whom,
- Person giving
- Person taking
- Person abeting Penalty:
- Imprisonment not less than 5years and fine not less than Rs.15,000/- (or)
- (^) equal to the value of the Dowry property
(whichever is higher) Exception:
- presents/ gifts not on demand as per customs and usage (not of excessive value)
Section 4: Penalty For Demanding Dowry Even a demand is an offence Penalty,
- imprisonment not less than 6months which may extend to two years and fine may extend up to Rs.10,000/-
Section 4A: Ban On Advertisement ▲ Newspaper/periodicals/journal/any other media ▲ Prints/Publishes/ circulates Penalty, ▲ Imprisonment not less than 6 months may extent to 5years or fine may extend to Rs.15,000/-
Section 5: Agreement To give or to get Dowry is Void Ab Initio
Section 6:
- Dowry received by husband/his relatives/ others to be for the benefit of ▲ (^) Bride / wife ▲ Her legal heirs
- To be returned
- On the court own knowledge/suo moto
- Police report
- On Complaint by ▲ Victim/aggrieved women victim’s parents ▲ (^) Representative of Central government or state government recognized institutions
- Inspite of Crpc provisions
- Not withstanding any thing stated in Crpc first class magistrate can take cognizance
- Dowry prohibition act, 1961 no period of limitation
- Chapter 36 CRPC will not apply
- But no Dowry case can be filed after the divorce(paper report) Section 8:
- Cognizable
- Non bailable
- Non compoundable Section8A: Burden Of Proof Of Certain Cases
- (^) Burden of proving innocence on the accused only
Section8B: Dowry prohibition officers
- Act is a central Act Dowry prohibition officers is appointed by state government
- Powers and functions, ▲ To prevent the offences ▲ Collecting evidence ▲ Other duties given by the state government
▲ If the state government feels can conquer the powers on the prohibition officers
Advisory board: ▲ To advice the Dowry prohibition officers to consist of minimum two women (rep) in total 5 person
Section 9: central government rule making power Section 10: state government rule making power
DOWRY PROHIBITION MAINTENANCE OF PRESENTS RULES 1985 TO THE BRIDE
AND BRIDE GROOM:
- Central government rules
- Commenced on :2.10.
- Purpose: a list of presents received by the bride and bride groom during marriage is to be made
▲ It must be in writing ▲ At the time of marriage the list is to be prepared or as soon as the completion of the marriage To who to whom: ▲ Gift ▲ The details of gift ▲ The relationship between the present giver and the taker ▲ To be signed by the parties Making list rule 2 of rules 1985
▲ In Re neera singh 2007(1) DMC 545 ▲ In Re bheem singh 2015(1) DNLR 261 SC ▲ Periya samy and others 2013(2) LW crl 510 mad
