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 [(Note: Subs. by Act 63 of 1984, sec.5 for "one year") three months] after the date of marriage, or

(b) If the dowry was received at the time of or after marriage, within [(Note: Subs. by Act 63 of 1984, sec.5 for "one year") three months] after the date of its receipt, or

(c) If the dowry was received when the woman was a minor, within [(Note: Subs. by Act 63 of 1984, sec.5 for "one year") 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) [(Note: Subs. by Act 63 of 1984, sec.5) If any person fails to transfer any property as required by sub section (1) within the time limit specified therefore, [(Note: Ins. by Act 43 of 1986, sec.5) 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 extended to two years or with fine [(Note: Subs. by Act 43 of 1986, sec.5) 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.

[(Note: Ins. by Act 43 of 1986, sec.5) 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) [(Note: Subs. by Act 63 of 1984, sec.5) Where a person convicted under sub section (2) for failure to transfer any property as required by sub section (1) [(Note: Ins. by Act 43 of 1986, sec.5) or such 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 [(Note: Subs. by Act 63 of 1984, sec.5 for "one year") 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, [(Note: Subs. by Act 63 of 1984, sec.5 for "one year") 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, [(Note: Subs. by Act 63 of 1984, sec.5 for "one year") her heirs, parents or children.]

(4) Nothing contained in this section shall effect the provisions of section 3 or section 4.

(i) Since the woman had died issueless, the articles constituting dowry are to be returned to her parents and not to her husband; Rajeev v. Ram Kishan Jaiswal, 1994 Cri. LJ NOC 255 (All).

(ii) The wife had died within less than three months of her marriage, therefore not leaving behind any issue and the contention of the husband that be was the heir of the dowry articles was negatived and dowry articles were transferred to the parents of the wife; Prithichan v. Des Raj Bansal, II (1990) DMC 368 P & H; See also Manas Kumar Dutt v. Alok Dutta, II (1990) DMC 115 (Ori).

(iii) Dowry items are required to be transferred to the parents and not to husband of the deceased; Pradeep Kumar v. State of Punjab, 1990 (1) CC Cases 594.