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Law Relating To Dowry Offences |
What is 'dowry'? |
Dowry means any property or valuable security given or agreed to be given either directly or indirectly by one party to a marriage to the other party to the marriage or by the parents of either party or by any other person to either party to the marriage. It may be given at or before or any time after the marriage in connection with the marriage of the said parties. But it does not include dower or 'mahr' in case of person to whom the Muslim Personal Law (Shariat) applies (Section 2).
The Dowry Prohibition (Amendment) Act 1984 has amended the definition of dowry by substituting the words, "in connection with the marriage' (for the original words as 'consideration of marriage'). The effect of the amendment is now easier to prove the giving or taking of dowry so long as presents were made in connection with marriage. Another significant change which has been brought under the Dowry Prohibition (Amendment) Act 1986 in the definition of dowry is that it now includes the property given at any time after the marriage. |
Whether the Dowry Prohibition Act applies to a particular community or religion? |
No. This Act applies to all communities irrespective of the religion. There is a misconception among some that it applies only to Hindus. But in fact it equally applies to Muslims, Christians, Parsis, Jews or to any and every person who performs his marriage in India and is found guilty by dowry offence. |
Penalty for Giving or Receiving Dowry |
Is giving or accepting dowry punishable? |
Yes, because it is a criminal offence. The person or persons guilty of giving, taking or abetting the giving or taking of dowry may be imprisoned for a minimum of five years and fined not less than Rs. 15,000 or the amount of the value of the dowry whichever is more. For adequate and special reasons the court has the power to grant lesser punishment but the reasons must be recorded in the judgement. (Section 3) |
Law Relating To Dowry Offences - Dowry Law Misuse(IPC 498A) By Indian women. |
Is demanding dowry punishable? |
Yes. For demanding dowry, directly or indirectly, the punishment is imprisonment for a minimum six months or maximum two years and a fine up to Rs. 10,000. if there are adequate and special reasons, which the court must record in the judgement, the period of imprisonment may be reduced to below six months. |
Is an agreement or contract to give or receive dowry valid in law? |
No. Such an agreement or contract is invalid and cannot be legally enforced. |
Maintenance of Lists |
What are the rules regarding the maintenance of the list of presents? |
- The bride must maintain the list of presents given to her at the time of marriage.
- The bridegroom must maintain the list of presents received by him.
- These lists must be prepared at the time of marriage or as soon as possible thereafter.
- They must be in writing.
- They must contain the following:
- a brief description of each present;
- the name of the giver;
- its approximate value;
- his relationship to the receiver of the gift
- The signatures (or thumb impression, if illiterate) of both the bride and the bridegroom.
Attesting this list by any of the relatives present at the marriage is at the option of the bridegroom. |
Transfer of Dowry Property |
To whom should dowry properly be transferred? |
Any person who receives any dowry should transfer it to the woman on whose behalf it was received. Further, if the dowry was received before the marriage, the receiver must transfer it to the woman within three months after the marriage;
If the dowry was received at the time of or after the marriage, it must be transferred to her within three months of its receipt;
If the dowry was received when the woman was a minor, it must be given to her within three months after she becomes 18 years old. Till then the person who received it is expected to hold it in trust for her benefit. |
What is the penalty for not transferring dowry property to the bride? |
A person going against Section 6 can be jailed from six months to two years or fined Rs.5,000 to Rs.10,000 or given both punishments. |
What if the guilty party still fails to transfer the property to the woman? |
The court can, besides punishing him, order in writing that the property be transferred to the woman or her heirs within a specified period of time. The court may recover from him as fine an amount equal to the value of the property and pay it to the woman or her heirs, parents or children, as the case may be. |
Who is entitled to get the dowry property if the woman dies before receiving it? |
If the woman entitled to any dowry property dies before receiving it, her heir are entitled to it.
If she dies within seven years, her property must be transferred to her children or, in the absence of children, to
her parents. |
Whether a person who retains the dowry and does not return to the woman entitled to it, is guilty of an offence? |
Yes. Any person who retains the dowry and does not return to the woman entitled to it is guilty of criminal breach of trust under Section 406 of IPC. He shall be punished with imprisonment of either description for a term which may extend to three years, or with fine or with both.
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Denial of Conjugal Rights |
Some husbands, because they are unhappy over their wife's dowry, deprive her of the rights and
privileges of marriage, torture her or refuse to look after her, how are they to be punished? |
The guilty person can be imprisoned up to one year and fined up to Rs. 5,000 (Section 4B). |
If a husband denies conjugal right to his wife, can he be punished? |
He can be jailed for up to one year or fined up to Rs. 10,000 or given both punishments. (Any fine charged on the
husband may be given to the wife as compensation if the court so direct).
If the husband gives a written assurance to the court that he will not demand dowry or that he will allow conjugal rights to his wife, the court may drop the proceedings against him.
But if he proves false to his promise, the wife can make a fresh application to the court and the court will take up the case from the stage at which it was dropped. (But she has to do it within three years of suspension of proceedings). |
Maintenance Payable by Husband |
In the above case, can a woman demand maintenance from her husband who has denied her conjugal
Rights? |
Yes, But she must apply to the court within tow month after his conviction. The court can then order him to pay
her a maintenance allowance not exceeding Rs. 500 per month. Before passing an order to this effect the court
must give a reasonable hearing to both sides in order to come to a fair figure which is in keeping with the position
and status of the parties, the reasonable wants of the wife and her available resources.
The maintenance allowance ordered by the court shall be a charge even on the property that the husband acquires after the date of the order. |
Congnisance of Offence |
Which court is competent to try offences under this Act? |
A Metropolitan Magistrate or a Judicial Magistrate of the first class can try any offence under this Act. (Section 7) |
Who are entitled to make a complaint to the court? |
- A police officer;
- Any person affected by the offence or parent or other relative of such person;
- Any recognised welfare institution or organisation. (These are social welfare institutions or organisations recognised for this purpose by the Central or State Government).
- A court also an intitiate a trial on the basis of its own knowledge of the facts of the offence. (Section 7)
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Is dowry a cognisalbe offence? |
Dowry is considered a cognisable offence for the purpose of investigation. That means the police officer can investigate case as soon as a complaint is lodged in the police station. But he has no power to arrest the accused person without a warrant or without an order of a Magistrate. |
Are offences under this act bailable or non-bailable? |
Every offence under this Act is non-bailable. It means the accused person has no legal right to get bail. Only a Magistrate can grant him bail on application, using his discretion. Offences under this Act are also non-compundable. The complainant cannot withdraw the case on compromise with the opposite party.
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Is there any period of limitation for filling the Complaint under the Dowry Prohibition Act? |
No. Under the Dowry Prohibition (Amendment) Act 1984 the bar of the period of limitation of one year has been
done away for filing the complaint under the Act Now there is no limitation of period whatever. |
Burden of Proof |
Who has the legal duty burden of proof to prove the guilt in dowry offences? |
The burden of proving that he has not committed an offence under the Dowry Act is on the accused. (Section 8-A)
In normal practice, the prosecution alone is responsible for proving the guilt of the accused; the accused is not bound to defend himself. But is not easy to dig out the truth this way. Instead if both prosecution and the accused are given the burden of proof and both parties asked to prove their arguments, it would he easier to arrive at the truth. |
Dowry Prohibition Officers |
Are there special officers created by this Act? |
The State Government has the power to appoint Dowry Prohibition Officers with the following powers and
functions:
- to see that the provisions of the Act are complied with
- to prevent the receiving, abetting the receiving or demanding of dowry;
- to collect evidence for the prosecution of the accused person;
- to perform other duties assigned to him by the State Government or specificed in the rules.
The State Government can confer the powers of a police officer on the Dowry Prohibition Officer by notification in the Official Gazette. (8-B) Read More... |
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