THE DOWRY PROHIBITION ACT, 1961
ACT 28 OF 1961
[20th May, 1961.}
1. An Act to prohibit the giving or taking of dowry.
2. 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. (The words “except the State of Jammu and Kashmir” omitted by the Jammu and Kashmir Reorganisation Act, 2019 (w.e.f. 31-10-2019).)
3. It shall come into force on such date as the Central Government may, by notification in the Official Gazette appoint. Date of enforcement is 1st July, 1961,
2. DEFINITION OF “DOWRY”
1. 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 any other person, to either party to the marriage or to any other person;
at or before or any time after the marriage in connection with 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 II
The expression “valuable security” has the same meaning as in section 30 of the Indian Penal Code (45 of 1860).
COMMENTS
1. Section 2 cannot be confined merely to the ‘demand’ of money, property or valuable security
2. The definition of the expression ‘dowry’ contained in section 2 of the Act cannot be confined merely to the ‘demand’ of money, property or valuable security “made at or after the performance of marriage”. Further emphasised that any money, property or valuable security given,
I. as a consideration for marriage, “before, at or after” the marriage would be covered by the expression ‘dowry’ and this definition as contained in section 2 has to be read wherever the expression ‘dowry’ occurs in the Act.
II. Meaning of the expression ‘dowry’ as commonly used and understood is different than the peculiar definition thereof under the Act; Bachni Devi v. State of Haryana, (2011) 4 SCC 427: AIR 2011 SC 1098: 2011 (2) SCR 627: 2011 (2) SCALE 265.
III. Sub-section (1) of section 304B, IPC says that “dowry” shall have the same meaning as in section 2 of Dowry Prohibition Act
APPASAHEB AND ANR. V. STATE OF MAHARASHTRA,
AIR 2007 SC 763 (SC):
Giving or taking of property or valuable security must have some connection with the marriage of the parties and a correlation between the giving or taking of property or valuable security with the marriage of the parties is essential.
A demand for money on account of some ‘financial stringency’ or for meeting some ‘urgent domestic expenses’ or for purchasing manure cannot be termed as a demand for dowry as the said word is normally understood;
SATVIR SINGH V. STATE OF PUNJAB, 2001 (8) SCC 633:
CUSTOMARY GIFT EXCLUDED
Apex Court held that dowry should be any property or valuable security given or agreed to be given in connection with the marriage, customary gift or payment in connection with birth of child or other ceremonies unrelated to the marriage ceremony do not fell within the ambit of “dowry”;
ARJUN DHONDIBA KAMBLE AND ORS. V. THE STATE OF MAHARASHTRA, 1993 (3) Bom CR 473:
1. Any demand for presents after the marriage, but not having a connection with the marriage of the parties will not constitute a demand for dowry;
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)
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 are 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 a customary nature and the value thereof is not excessive having regard to the financial status of the person by whom, or on whose behalf, such presents are given.
4. PENALTY FOR DEMANDING DOWRY
1. If any person demands, directly or indirectly, from the parents or other 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 two years and with fine which may extend to ten thousand rupees:
Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months.
4A. BAN ON ADVERTISEMENT
If any person—
1. offers, through any advertisement in any newspaper, periodical, journal or through any other media, any share in his property or of 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 e
2. 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.
GENERAL AND VAGUE ALLEGATIONS AGAINST OTHER RELATIVES OF THE HUSBAND IS NOT SUFFICIENT MATERIAL
Sandeep Singh Bais v. State of M.P, 2017 SCC OnLine MP 394:
In cases related to demand of dowry, general and vague allegations cannot be treated as sufficient material to prosecute the other relatives of the husband who otherwise, do not have anything to do with the family affairs of the complainant.
It was observed that in order to prosecute the other relatives in a dowry case there must be some specific allegations against them;
BACHNI DEVI V. STATE OF HARYANA, AIR 2011 SC 1098:
MERE DEMAND OF ‘DOWRY’ IS SUFFICIENT TO BRING HOME THE OFFENCE TO AN ACCUSED
Under section 4 of the Act, mere demand of ‘dowry’ is sufficient to bring home the offence to an accused. Thus, any ‘demand’ of money, property or valuable security made from the bride or her parents or other relatives by the bridegroom or his parents or other relatives or vice versa would fall within the mischief of ‘dowry’ under the Act where such demand is not properly referable to any legally recognised claim and is relatable only to the consideration of marriage.
Marriage in this context would include a proposed marriage also more particularly where the non-fulfilment of the “demand of dowry” leads to the ugly consequence of the marriage not taking place at all;
BALDEV SINGH V. STATE OF PUNJAB,
AIR 2009 SC 913
If the husband on behalf of the deceased asked for her legitimate share in the ancestral property that does not amount to dowry demand;
PANDURANG SHIVRAM KAWATHKAR V. STATE OF MAHARASHTRA, (2001) DMC 448:
The offence under section 4 of the said Act is complete when demand for dowry is made and consent for meeting the demand is not necessary;
S. GOPAL REDDY V. STATE OF ANDHRA PRADESH,
AIR 1996 SC 2184.
Court was of the opinion that the object of section 4 of the Act is to discourage the very demand for property or valuable security as consideration for a marriage between the parties thereto. Section 4 prohibits the demand for ‘giving’ property or valuable security which demand, if satisfied, would constitute an offence under section 3 read with section 2 of the Act;
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 has 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 the provisions of section 3 or section 4.
LIABILITIES OF HUSBAND AND IN-LAWS FOR DOWRY AMOUNT AND ARTICLES IN CUSTODY
BOBBILI RAMAKRISHNA RAJU YADAV V. STATE OF ANDHRA PRADESH,
AIR 2016 SC 442
In cases, where the dowry amount or articles of married women placed in the custody of her husband or in-laws, they would be deemed to be trustees of the same.
As per section 6 of the Dowry Prohibition Act, they are bound to return the same within three months after the date of marriage to the woman in connection with whose marriage it is given, the person receiving dowry articles or the person who is dominion over the same. If he does not do so, he will be guilty of a dowry offence under the said section;
