Thursday, 27 January 2022

dowry prohibition act 1961

         Dowry Prohibition Act 1961

Section 2- Definition of Dowry

Dowry means any property or valuable security given or agreed to be given either directly or indirectly by one party of the marriage to the other party or by parents of either party to the marriage, to the parents of the other party, at the time of marriage before or after marriage, in connection with marriage of the said parties, but it does not include dower as specified in the Muslim personal law.


Section 3 - Penalty for giving or taking dowry                                                                                       

Subsection (1)- after the enactment of this act, if any person gives or takes or helps in giving or taking dowry, he shall be punishable with imprisonment of not less than 5 years, and with fine which shall not be less than Rs.15000 or the amount of the value of dowry whichever is more. 

However, the court may for some special reasons in writing, may impose imprisonment for a term less than 5 years.

Subsection (2) states that the provisions of subsection (1) shall not apply in relation to presents which are given at the time of marriage to the bride and the groom, without any demand being made. However, a list of such presents should be maintained, as per the provisions of this act. Moreover, if any presents are made by or on behalf of the bride or any other person related to the bride, and if such presents are of customary nature and the value is not excessive having regard to the financial status of the person who is making such presents then such presents are allowed.


Section 4: Penalty for demanding dowry 

If any person directly or indirectly demands from the parents or other relatives or guardian of the bride, any dowry, he shall be punishable with imprisonment which shall not be less than 6 months but which may extend to 2 years and with fine amount which may extend to rupees 10,000. 

However, the court may for reasons to be recorded in writing impose a punishment for a term less than 6 months.


Section 4(A) Ban on advertisement 

If any person makes an offer through any advertisement in a newspaper, periodical, journal or through any other media, any share in his property or money or both, as a consideration for the marriage of his son or daughter or any other relative, and gets such advertisement printed or publishes or circulates it, he shall be punishable with imprisonment of not less than six months but which may extend to five years or with a fine amount which may extend to rupees 5000. However, the court may for reasons to be recorded in writing impose a punishment for a term less than 6 months.


Section 6 Dowry for the benefit of the wife or her heirs

Subsection (1) states that if any dowry has been received by any person other than the woman, in connection with whose marriage the dowry is given, then that person should transfer it to the woman: 

  1. If the dowry was received before marriage, then within 3 months after the date of marriage or 

  2. If the dowry was received at the time of or after marriage, then within 3 months after the date of receiving it or

  3. If the dowry was received when the woman was minor, then within 3 months after she has attained the age of 18 years.

until such transfer is done, that other person should hold it as a trustee for the benefit of the woman.

Subsection (2) states that if any person fails to transfer the property within the stipulated time period, then he shall be punishable with imprisonment of not less than 6 months, but which may extend to 2 years, and with a fine amount which shall not be less than Rupees 5,000 but which may extend to rupees 10,000 or both. 

Subsection (3) states that if the woman dies before receiving the property the heirs of the woman shall be entitled to claim it from the person who is holding it for the time being. 


However, if such woman dies within 7 years of her marriage due to some unnatural causes, the property shall be transferred to her parents if she has no children or if she has children, the property shall be transferred to them. 

Subsection (3)A states that if that person is convicted before transferring the property, then the court shall in addition to awarding punishment, pass an order in writing that such person should transfer the property to the woman, her heirs, parents, or children within such period as specified in the order. If the person fails to follow the order, then the court may impose a fine amount which shall be equal to the value of the property, and it has to be paid either to the woman, her heirs, parents, or children.


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