DPA

THE DOWRY PROHIBITION ACT, 1961

(1) Overview (2) Punishment on Giving & Taking dowry (3) Demand of dowry and it’s punishment (4) Ban on Advertisement (5) Return of Dowry (6) Cognizance of offence (7) Nature of offence (8) Power to make Rule (9) Dowry Prohibition Rule 1985 (10) Relevant extracts from IPC (11) Relevant extracts from CrPC (12) Relevant extracts from IEA, 1872 (13) Important Judgement

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1.1    The Dowry Prohibition Act, 1961 is an act of Parliament. It came into force from 01/07/1961. It extents to the whole territorial and operational parts of the country.

1.2    This act was introduced in order to prohibit giving and taking of dowry and to punish such persons in either conditions.

1.3      Definition of `Dowry’: In this act, section 2 deals with the definition of dowry. According to this act, `dowry‘ means any ‘property’ or ‘valuable security’ (it has the same meaning as in Sec. 30 of the Indian Penal Code 1860) given or agreed to be given either directly or indirectly:

State Amendments

1.4    Some states added some amendments in certain sections of this act. Important State amendments which are required to discuss to know changes made in respective states.

1.5    ‘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 any other person, to either party to the marriage or to any other person;

Bullet (1): Any presents made at the time of a marriage to either party to the marriage in the form of cash, ornaments, cloths, or other articles, shall not be deemed to be dowry unless they are made as consideration for the marriage of the said parties. Means articles received as presents and gifts at the time of marriage cannot be termed as dowry.

2.1    If any person gives or takes or abets the giving or taking of dowry, he/she shall be punishable with imprisonment not less be than 5 years and with fine not less than Rs. 15,000 (Fifty Thousand) or the amount of value of such dowry whichever is more. But the court may for adequate and special reasons to be recorded in the judgement may impose a sentence even less than 5 years [Sec. 3(1)].

2.2    Presents given to the bride & bridegroom at the time of marriage without any demand are not included in the term defined at Para 2.1 if such presents are entered in list maintained in accordance with rule made under this act [Sec.3(2)].

State Amendments

2.3    Some states added some amendments regarding Section 3 of this act. Here, some important state amendments are required to be discussed. However, it is advised to go through the all amendments in detail for better appreciation as cases belong to different states.

2.4    Bihar: Punishment – Maximum imprisonment 6 months and fine – Rs. 5,000.

         Himachal Pradesh – Maximum imprisonment 1 year and fine – Rs. 5,000

        Punjab – Maximum imprisonment 1 year and fine – Rs. 5,000.

        West Bengal – Fine not less than Rs. 2,000 and maximum Rs. 10,000.

3.1    Demand of dowry directly or indirectly from bride side or bridegroom side as the case may be is punishable – (a) Imprisonment: 6 months to 2 years and fine: maximum Rs. 10,000 [Sec. 4].

Court may for adequate and special reasons to be mentioned in the judgement, may impose imprisonment even less than 6 months.

State Amendments

3.2    Bihar – Maximum imprisonment for 6 months and with maximum fine Rs. 5,000.

3.3    Haryana substituted four sub-sections in to section 4 of the Principal act. Himachal Pradesh substituted two sections 4-A & 4-B. Punjab inserted new sections 4-A & 4-B. Precisely, these substitutions of respective states pertain to conjugal rights. If husband on the execution of a bond by undertaking not to demand dowry and to allow conjugal rights to the wife, the proceedings will be dropped. If any violation of the bond takes place the proceedings will be resumed from where it was dropped but such information/application required to be made within 3 years of its violation.

Bullet (2): Demand of dowry amounts to cruelty towards bride and it entitles the bride to get decree of dissolution of marriage.

4.1    Any advertisement, prints, publication, circulation which offers – any share in property or of any money or both as share in any business or other interest as consideration for marriage is punishable – (a) imprisonment – 6 months to 5 years, (b) fine – Maximum Rs. 15,000 [Sec. 4-A].

4.2    Court may for adequate and special reasons to be recorded in the judgement, impose a sentence of imprisonment for a term of less than 6 months.

(5) Return of Dowry

5.1    If 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 dowry is 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 it’s receipt; or (c) if the dowry was received when the woman was minor, within 3 months after she become adult [Sec. 6(1)].

5.2    If such transfer of dowry amount as mentioned at Para 5.1 is not done as per time limit prescribed, it results in punishment – Minimum 6 months and maximum 2 years or with fine – minimum Rs. 5,000 and maximum Rs. 10,000 [Sec. 6(2)].

5.3    If the woman entitled to any property mentioned at para 5.1 under section 6(1) of the act, dies before receiving it, the heirs of the woman shall be entitled to claim it from the person holding it for the time being: (a) if she has no children, it will be transferred to her parents or if she has children, be transferred to such children and pending such transfer, be held in trust for such children if the woman dies within 7 years of her marriage, otherwise than due to natural causes [Sec. 6(3)].

5.4    In addition to the award of punishment as incorporated at Para 5.2 under section 6(2), the court shall direct in written that such person shall transfer the property to such woman or her heirs as the case may be, within such period as may be specified by the court, the amount equal to the value of dowry may be recovered from him as if it were a fine imposed by the court and the same will be paid to the woman [Sec 6(3-A)].

5.4    Nothing contained in this section (i.e. Section 6) shall affect provisions of Section 3 or 4 of this act [Sec. 6(4)].

State Amendments

5.5    Haryana: Fine – Rs. 5,000.

5.6    Odisha: Section 6-A & 6-B are inserted. According to Section 6-A, if any person denies conjugal rights to his wife mere on the ground that dowry is not given or dowry given is insufficient then punishment – Maximum 1-year imprisonment or with fine – Maximum Rs. 10,000 or both.

5.7    On execution of bond by the husband undertaking not to realise the dowry or any portion thereof
as the case may be, and allow conjugal rights to the wife may drop such proceedings. If any contravention of such bond is reported, the proceeding will be reopened from where it was dropped if such application is preferred within 3 years from the violation of the bond [Sec. 6-A(2)&(3)].

5.8    According to Section 6-B, On conviction of a person under section 6-A, if wife made an application within 2 months from the order of such conviction, for maintenance, the court may allow a monthly allowance for maintenance of Rs. 500 (Five Hundred) per month as the court deems proper. But both the parties shall be given reasonable opportunity of being heard.

5.9    If the wife file an offence against her husband under section 6-A, (discussed in Para 5.6), the husband shall not transfer any of his assets till – (a) Where no claim for maintenance is preferred under this section, the date of expiry of the period of limitation or where such claim is preferred, the disposal of the claim [Sec. 6-B(4)].

(6) Cognizance of offences (Sec. 7)

6.1    Courts of Metropolitan Magistrate (in Metro cities) or a Judicial Magistrate of First Class (other than Metro cities) and above shall try any offence under this act [Sec. 7(1)(a)].

6.2    No court shall take cognizance of an office 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 Organization [Sec. 7(1)(b)].

6.3    Nothing in Chapter XXXVI (Limitation for taking cognizance of certain offences) of the CrPC, 1973 shall apply to any offence punishable under this act [Sec. 7(2)].

State Amendments

6.4    Haryana: Only important substitutions made by Haryana Government will be discussed herein. No court shall take cognizance of any such offence except on a – complaint made by any party to the marriage or her father, mother or brother or a gazetted officer specially authorised by the State Government in this behalf, within a period of one year from the date of the marriage [ Sec. 7(b)].

6.5    No court shall take cognizance of any such offence except with the previous sanction of the District Magistrate or of such officer as the State Government may, by general or special order, specify in this behalf [Sec. 7(c)].

6.6    No inquiry shall be made through any Police officer below the rank of a Deputy Superintendent of Police (DSP) [Sec. 7(d)].

6.7    Himachal Pradesh: No court shall take cognizance of any offence under this act except that of offence under Section 4-B, except on a police report or complaint made within one year of the marriage [Sec. 7].

6.8    Punjab: No court shall take cognizance of any offence punishable under sec. 3, and 4-B, except upon a complaint made within one year from the date of the offence by some person aggrieved by the offence [Sec. 7(2)].

(7) Nature of Offence (Sec. 8)

7.1    Under Section 8(1), The Code of Criminal Procedure (CrPC), 1973 shall apply to offences under this act as if they were cognizable offence –

(a) for the purpose of investigation of such offences; and

(b) for the purpose of matters other than- (i) matters referred in sec. 42 of CrPC and (ii) the arrest of a person without a warrant or without an order of a Magistrate.

7.2    Every offence under this Act shall be – (a) Non-bailable & (b) Non-compoundable [Sec. 8(2)].

State Amendments

7.3   Bihar: Every offence under this Act shall be – (a) Cognizable, (b) Non-bailable & (c) Compoundable [Sec. 8].

7.4    Punjab: Every offence under this Act shall be – (a) Bailable & (b) Non-compoundable [ Sec. 8].

7.5    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 of such officer as the State Government may be special or general order appoint in this behalf [Sec. 8-A].

7.6    Burden of proof in certain cases: If any person is prosecuted under section, 3 or 4, the burden of proving that he had not committed an offence under those sections shall be on him [Sec. 8-A].

(8) Power to make rules (Sec. 9 & 10)

8.1    The Central Government may, by notification in the official Gazette, make rules for carrying out the purpose of this Act [Sec. 9(1)].

8.2    Such rules may provide for – (a) the form and manner in which, and the persons by whom, any list of presents referred to in Sec. 3(2) shall be maintained and all other matters connected therewith; and (b) the better co-ordination of policy and action with respect of the administration of this Act [ Sec. 9(2)].

State Amendments

8.3    Himachal Pradesh: State Government with the prior approval of the Central Government may be substituted [Sec. 9(a)].

8.4    Punjab: After the words “Central Government”, the words ‘or the State Government’ shall be inserted [Sec. 9(i)].

8.5    The State Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act regarding – (a) additional functions to be performed by the Dowry Prohibition Officer under section 8-B(2) and limitations and conditions subject to which a Dowry Prohibition Officer may exercise his functions under Sec. 8-B(2) [Sec. 10(1) & 2(a)(b)].

(9) Dowry Prohibition Rule 1985

9.1    In exercise of the powers conferred by Sec. 9 of this Act, the Central Government made the rule which is called ‘The Dowry Prohibition (Maintenance of lists of presents to the bride & bridegroom) Rules, 1985 [Rule 1(1)].

9.2    This rule came into force from 02/10/1985 [Rule 2(2)].

9.3    The list of presents which are given at the time of the marriage to the bride shall be maintained by the bride [Rule 2(1)].

9.4    The list of presents which are given at the time of the marriage to the bridegroom shall be maintained by the bridegroom [Rule 2(2)].

9.5    Every list of presents referred to in sub-rule (1) or sub-rule (2) –

(a) shall be prepared at the time of the marriage or as soon as possible after the marriage;

(b) shall be in writing

(c) shall contain – (i) a brief description of each present; (ii) the approximate value of the present; (iii) the name of the person who has given the present; and (iv) where the person giving the present is related to the bride or bridegroom, a description of such relationship;

(d) shall be signed by both the bride and the bridegroom [Rule 2(3)].

(10) Relevant extracts from IPC

10.1    Some relevant extracts from Indian Penal Code, 1860 pertain to this Act, are required to discussed. The same are discussed in successive paras hereinafter;

10.2    Dowry Death (IPC Section 304-B): Where death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death” and such husband or relative shall be deemed to have caused her death.

Punishment: Imprisonment not less than 7 years but which may extend to imprisonment for life.

10.3    Cruelty by husband or relatives of husband (IPC Section 498A): This is comprehensively discussed in 498A subject (Tab).

(11) Relevant extracts from CrPC, 1973

11.1    Some relevant extracts from The Code of Criminal Procedure (CrPC), 1973 pertain to this Act, are required to discussed. The same are discussed in successive paras hereinafter;

11.2    Police to enquire and report on suicide, etc. (Sec. 174 of CrPC): Report is required to be forwarded to the District Magistrate of Sub-Divisional Magistrate when –

(i) the case involves suicide by woman within seven years of her marriage; or

(ii) the case relates to the death of a woman within seven years of her marriage in any circumstances raising a reasonable suspicion that some other person committed an offence in relation to such woman; or

(iii) the case relates to the death of a woman within seven years of her marriage and any relative of the woman has made a request in this behalf; or

(iv) there is any doubt regarding the cause of death; or

(v) the police officer for any other reason considers it expedient so to do.

11.3    Inquiry by Magistrate into cause of death (Section 176 of CrPC): The same is widely discussed in ‘Brief about Criminal Court Process’.

11.4    Prosecution of offences under section IPC 498A (Section 198-A of CrPC): The same is widely discussed in ‘Brief about Criminal Court Process’.

(12) Relevant extracts from The Indian Evidence Act, 1872

12.1    Some relevant extracts from The Indian Evidence Act, 1872 pertain to this Act, are required to discussed. The same are discussed in successive paras hereinafter;

12.2    Section 113-A of the Indian Evidence Act, 1872: The same is widely discussed in ‘498A’ Subject/Tab.

12.3    Section 113-B Presumption as to dowry death: Same as Para 12.2.

(13) Important Judgements

13.1

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