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The Dowry Prohibition Act, 1961 |
The Dowry Prohibition Act, 1961 |
The Dowry Prohibition Act, 1961 (ACT NO. 28 OF 1961) [20TH MAY 1961] An Act to prohibit the giving or taking of dowry.
2. Definition of dowry 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 At or before 1[or any time after the marriage] 2[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. 1. Subs. for the words "or after the marriage" by Act No. 43 of 1986, (w.e.f. 19- 11-1986 ). STATE AMENDMENTS Haryana For Section 2, the following sections shall be substituted, namely, "2. Definitions. In this Act, unless the context otherwise requires, - (i) "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 At or before or after the marriage as consideration for the marriage of the said parties, but does not include dower or mahr in the case of persons by whom the Muslim Personal Law (Shariat) applies. (ii) Marriage expenses' shall include expenses incurred directly or indirectly at or before the marriage on- (a) Thakka, Sagai, Tikka, Shagun and Milni ceremonies; Explanation III. -For the removal of doubts, it is hereby declared that any gifts made by a person other than those specified in sub-clause (b), at the time of the marriage either party to the marriage shall not be deemed to be marriage expenses." [Haryana Act 38 of 1976] 3. Penalty for giving or taking dowry 1[(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 2[with imprisonment for a term which shall not be less than 3[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"]. (a) Presents, which are given at the time of a marriage to the bride (without any demand having in that behalf): Provided that such presents are entered in a list maintained in accordance with the rules made under this Act: 1. Section 3 renumbered as sub-section (1) thereof by Act No. 63 of 1984, sec. 3 (w.e.f. 2-10-1985 ). STATE AMENDMENTS Bihar For Section 3, the following section shall be substituted, namely, "3. Penalty for giving or taking dowry. -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 which may extend to six months and with fine which may extend to five thousand rupees. " [Bihar Act 4 of 1976] Haryana For Section 3, the following section shall be substituted, namely, (a) Give or take or abet the giving or taking of dowry; (i) Twenty five members of the marriage party; and (f) Deny conjugal rights to his wife on he ground that dowry has not been given or the [Haryana Act 38 of 1976]. HIMACHAL PRADESH In its application to the State of Himachal Pradesh, Section 3, shall be substituted as under: "3. Penalty for giving or taking dowry. If any person gives or takes or abets the giving or taking of dowry, he shall be punishable with imprisonment, which may extend to one year and with fine, which may extend to five thousand rupees". [H.P. Act 25 of 1976] Punjab In Section 3, for the words "six months, or with fine which may extend to five thousand rupees", the words "one year, and fine which may extend to five thousand rupees" shall be substituted. [Punjab Act 26 of 1976] West Bengal In Section 3, for the words "which may extend to six months or, with fine which may extend to five thousand rupees", the words "which shall not be less than three months, but may extend to three years or with fine which shall not be less than two thousand rupees, but may extend to ten thousand rupees" shall be substituted. [West Bengal Act 35 of 1975] [State Amendments: See Under Section 4A] 4. Penalty for demanding dowry 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 be 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;
4A. Ban on advertisement If any person- (a) 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, 1. Ins. by Act. No 43 of 1986, Sec. 4 (w.e.f. 19-11-1986 ). STATE AMENDMENTS BIHAR For section 4 of the said act, the following section shall be substituted, namely: - "4. Penalty for demanding dowry. If any person, after the commencement of this Act demands directly or indirectly from the parents or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment, which may extend to six months and with fine, which may extend to five thousand rupees: [Bihar Act 4 of 1976] HARYANA For Section 4 the following section shall be substituted, namely, - "4. Penalty. - (1) If any person contravenes any of the provisions of Section 3, he shall be punishable with imprisonment, which may extend to six months and with fine, which may extend to five thousand rupees. [Haryana Act 38 of 1976] HIMACHAL PRADESH (i) In its application to the State of Himachal Pradesh, Section 4 substituted as under: "4. Penalty for demanding dowry. -If any person demands, directly or indirectly, from the parents or guardian of a bride or bridegroom or from any other person, as the case may be, any dowry; he shall be punishable with imprisonment, which may extend to one year and with fine that may extend to five thousand rupees. (i) In its application to the State of Himachal Pradesh, Section 4-A inserted as under: "4-A. Bar of certain acts."- Any person who, - (i) Displays any presents made at the time of marriage in the form of cash, ornament & cloths or other articles; or Shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five thousand rupees, or with both." (iii) In its application to the State of Himachal Pradesh, Section 4-B inserted as under: "4-B. Penalty for depriving any part of the rights and privileges of marriage. (1) If after the marriage, any party to the marriage with or without assistance of any other person deprives the other party of the rights and privileges of marriages or tortures or refuses to maintain the said other party for nonpayment of dowry before, during or after marriage, he shall be punishable with imprisonment which may extend to one year and with fine which may extend to five thousand rupees. [H.P. Act 25 of 1976] PUNJAB (i) In Section 4 of the principal Act- (a) For the words "six months, or with fine which may extend to five thousand rupees", the Words "one year, and fine which may extend to five thousand rupees" shall be substituted; and (ii) After Section 4, the following section shall be inserted, namely; "4-A. Bar of certain acts-Any person who, - (i) Displays any presents made at the time of such marriage in the form of cash, ornaments, clothes or other articles; or Shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five thousand rupees or with both." "4-B. Penalty for depriving any party of rights and privileges of marriage Any party to the marriage who, after the marriage, deprives the other party of the rights and privileges of marriage, or tortures of refuse to maintain the said other party, for non-payment of dowry, and any person who assists such party in the commission of such offence, shall be punishable with imprisonment for a term which may extend to one year, and fine which may extend to five thousand rupees." [Punjab Act 26 of 1976] WEST BENGAL In Section 4, - (a) After the words "bride or bridegroom", the words "or from any other person" shall be insert "Provided that no court shall take cognizance of any offence under this section except on a complaint made by any aggrieved party or his parents or by any other person with the previous sanction of the authority specified by the State Government in this behalf-. (d) After Section 4, the following section shall be inserted, namely: - "4-A. Penalty for depriving any party of the rights and privileges of marriage: - (1) If after the marriage, any party to the marriage with or without assistance of his parents or guardians deprives the other party of the rights and 'privileges of marriage, or tortures of refuses to maintain the said other party for non-payment of dowry before, during or after marriage, he shall be punishable with imprisonment which shall not be less than three months, but may extend to one year or with fine which shall not be less than two thousand rupees, but may extend to five thousand rupees, or with both. [West Bengal Act 35 of 1975] 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 given that person shall transfer it to the woman- (a) If the dowry was received before marriage, within 1[three months] after the date of marriage; or And pending such transfer, shall hold it in trust for the benefit of the woman. (a) If she has no children, be transferred to her parents, or 5[3(A) Where a person convicted under sub-section (2) for failure to transfer any property as required by sub-section (1) 6[for 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, 7[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, 7[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, 7[her heirs, parent or children].] 1. Subs. for the words "one year" by Act. No. 63 of 1984, (w.e.f 2-10-1985 ). STATE AMENDMENTS HARYANA In sub-section (2) of Section 6, for the words " or with fine which may extend to five thousand rupees, or with both", the words "and with five thousand rupees" shall be substituted. [Haryana Act 38 of 1976] ORISSA In its application to the State of Orissa, Sections 6-A and 6-D inserted as under: "6-A. Penalty for denial of conjugal rights by the husband. - (1) If any person denies conjugal rights to his wife on the ground that dowry has not been given or on the ground that the dowry given is insufficient, he shall be punishable with imprisonment which may extend to one year, or with fine which may extend to ten thousand rupees or with both. 6-B. Maintenance to be paid by husband on his conviction (1) On conviction of a person for an offence under Section 6-A, the Court trying the offence may, on a claim made by his wife in that behalf within two months from the date of the order of conviction, order such person to make a monthly allowance for the maintenance of his wife at such monthly rate not exceeding five hundred rupees, as the Court deems proper: (a) The position and status of the parties; (3) The maintenance allowance so ordered shall be a charge on the property, if any, of the husband, whether acquired before or after the date of the order. (a) Where no claim for maintenance has been preferred under this section, the date of expiry of the period of limitation specified in sub-section (1) for filing such claim; and (5) Notwithstanding anything contained in any other law, the wife may enforce any claim for maintenance against any property transferred by the husband in, contravention of the provisions of sub-section (4) as if such transfer were null and void. [Orissa Act 1 of 1976] 7. Cognizance of offences. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974)- (a) No court inferior to that of Metropolitan Magistrate or a judicial Magistrate of the first class shall try any offence under this Act; (i) Its own knowledge or a police report of the facts which constitute such offence, or (c) It shall be lawful for a Metropolitan Magistrate or a Judicial Magistrate of the first class to pass any sentence authorised by this Act or any person convicted of any offence under this Act. Explanation. -For the purposes of this sub-section, "'recognized welfare institution of organisation" means a social welfare institution or Organisation recognized in this behalf by the Central or State Government. 1. Subs. for "Section 7" by Act No. 63 of 1984, (w.e.f. 2- 10-1985 ). STATE AMENDMENTS BIHAR For Section 7, the following shall be substituted, namely, - "7. Trial of offences: - Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Act 2 of 1974) no Court inferior to that of a Metropolitan Magistrate or a judicial Magistrate of the first class shall try any offence under this Act." [ Bihar Act 4 of 1976] Haryana For Section 7, the following section shall be substituted, namely, - "7. Cognizance of offences-Notwithstanding anything contained in the Code of Criminal Procedure, 1973, (2 of 1974), - (a) No Court inferior to that of a Judicial Magistrate of the first class shall try any offence under this Act; [Haryana Act 38 of 1976] HIMACHAL PRADESH In its application to the State of Himachal Pradesh, Section 7, substituted as under:- "7. Trial of offences- [Himachal Pradesh Act 25 of 1976 and 39 of 1978] Punjab For Section 7, the following section shall be substituted, namely, - "7. Cognizance of offences-Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), - (1) No Court inferior to that of a Judicial Magistrate of the first class shall try any offence under this Act; (a) Where such person is under the age of eighteen years, or is an idiot or a lunatic, or is from sickness or infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, some other person may, with the leave of the Court, make a complaint on his or her behalf-, (3) Every offence under Section 4-A shall be cognizable; [ Punjab Act 26 of 1976] WEST BENGAL In Section 7-- (a) For the words and figures "Code of Criminal Procedure, 1985 (5 of 1989), the words and figures "Code of Criminal Procedure, 1973 (2 of 1974)", shall be substituted [ West Bengal Act 35 of 1975] 8. Offences to be cognizable for certain purposes and to be non-bailable and non-compoundable (1) The Code of Criminal Procedure, 1973 (2 of 1974) shall apply to offences under this Act as if they were cognizable offences- (a) For the purposes of investigation of such offences; and (i) Matter referred to in Section 42 of that Code; and (2) Every, offence under this Act shall be 2[non-bailable] and non-compoundable.] 1. Subs. by Act. No. 63 of 1984, sec. 7 for section 8 (w.e.f. 2-10-1985 ). 8A. Burden of proof in certain cases Where any person is prosecuted for talking or abetting the taking of any dowry under Section 3, or the demanding of dowry under section 4, the burden of proving that he had not committed an offence under those sections shall be on him.] 1. Ins. by Act 43 of 1986, sec. 8 (w.e.f. 19-11-1986 )
8B. Dowry Prohibition Officers (1) The State Government may appoint as many Dowry Prohibition officers as it thinks fit and specify the areas in respect of which they shall exercise their jurisdiction and powers under this Act. (a) To see that the provisions of this Act are compiled with; (3) State Government may, by notification in the Official Gazette, confer such powers of a police officer as may be specified in the notification on the Dowry Prohibition Officer who shall exercise such powers subject to such limitations and conditions as may be specified by rules made under this Act. 1. Ins. by Act No. 43 of 1986 sec. 8 (w.e.f. 19-11-1986 ). STATE AMENDMENTS BIHAR For Section 8, the following section shall be substituted, namely, - STATE AMENDMENTS BIHAR "8. Offences to be cognizable, non-bailable and non-compoundable-Every offence under this Act shall be cognizable, nor-bailable and non-compoundable." [ Bihar Act 4 of 1976] HIMACHAL PRADESH (1) In its application to the State of Himachal Pradesh, Section 8 substituted, as under: "8. Offences to be cognizable, non-bailable and non-compoundable-Every offence under this Act shall be cognizable, nor-bailable and non-compoundable." [ Bihar Act 4 of 1976] HIMACHAL PRADESH (1) In its application to the State of Himachal Pradesh, Section 8 substituted, as under: "8. Offences to be cognizable, bailable and non-compoundable. -Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every offence under this Act shall be cognizable, bailable and non-compoundable." [Himachal Pradesh Act 25 of 1976] (ii) After Section 8 for following shall be inserted namely: - "8-A. Institution of proceedings. -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 offence as the State Government may, by special or general order, [Himachal Pradesh Act 39 of 1978] PUNJAB (i) For Section 8 of the principal Act, the following section shall be substituted, namely, "8. Offences to be bailable and non-compoundable-Every offence under this Act shall bailable and non-compoundable." (ii) After Section 8, the following Section 8-A shall be inserted namely: "8-A. Cognizance of offence--No Court shall take cognizance of any offence under this Act except on a police report under Section 173 of the Code of Criminal Procedure 1973, (2 of 1974), or a complaint made by a person aggrieved by the offence, as the case may be, within one year from the date of the commission of the offence: [ Punjab Act 26 of 1976] ORISSA In its application to the State of Orissa, in Section 8, for the words "Every offence", the words "save as otherwise provided, every offence" substituted. [Orissa Act 1 of 1976] 9. Power to make rules. (1) The Central Government may by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (a) The form and manner in which, and the person by whom, any list of presents referred to in sub-section (2) of Section 3 shall be maintained and all other matters connected there with; and 2[(3) Every rule made under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or 3[in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive section aforesaid] both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. Ins. by Act. No. 63 of 1984, sec. 8 (w.e.f 2-10-1985 ) STATE AMENDMENTS HIMACHAL PRADESH In its application to the State of Himachal Pradesh, in Section 9, - (a) After the words "Central Government" in Section 9 (1), the words "or the State Government with the prior approval of the Central Government " shall be inserted; "(3) Every rule made by the State Government under this section shall be laid, as soon as may be, after it is made, before the State Legislature while it is in session for a total period of not less than seven days, which may be comprised in one session or in two successive sessions and if before the expiry of the session in which it is so laid or the sessions immediately, following the legislature requires any modification in the rule of desires that the rule should not be made, the rule shall thereafter have effect only in such modified from or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule." [Himachal Pradesh Act 25 of 1976] PUNJAB In Section 9 of the principal Act, - (i) In sub- section (1), after the words "Central Government", the words "or the State Government" shall be inserted; "(3) Every rule made under this section by the State House of the State Legislature while it is in session for a total period of ten days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the successive session aforesaid, the House agrees in making any modification in the rule or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously in done under that without prejudice to the validity of anything previously done under that rule." [Punjab Act 2 of 1976] 10. Power of the State Government to make rules. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (a) The additional functions to be performed by the Dowry Prohibition Officer may exercise his functions under sub-section (3) of Section 8B. (3) Every rule made by the State Government under this section shall be laid as soon, as may be after it is made before the State Legislature.] 1. Subs. by Act No. 43 of 1986, sec. 9 for "Section 10" (w.e.f. 19-11-1986 ).
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