Indian Legal System > Civil Laws > Family Laws > The Dowry Prohibition Act, 1961 > Penalty for Giving, Taking, Abetting and Demanding Dowry
In this article, we shall study penalty for giving, taking, abetting and demanding dowry
Penalty for Giving or Taking Dowry:
Section 3 : The Dowry Prohibition Act, 1961:
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 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.
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):
Provided that such presents are entered in a list maintained in accordance with the rules made under this Act;
(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.
Sec 3 of the Act says giving as well as taking dowry is an offence and its abetment is also punishable with imprisonment. Which shall not be less than 5 years and with fine which shall not be less them 15,000/- or the amount of value of such dowry whichever is more. The court is empowered to award a sentence of imprisonment for a term less than 5 years for adequate and special reasons to be recorded in the judgment. Note that Section 3 is applicable when the offence of dowry giving and taking has been committed.
Penalty for Demanding Dowry:
Section 4: The Dowry Prohibition Act, 1961:
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, 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
The demanding of dowry is the most offensive aspect of the dowry
system; such demands when made after marriage place the wife in an
extremely vulnerable position. Section 4 provides for punishment of persons demanding directly or indirectly from the parents or guardian of a bride or bridegroom, payment of any dowry. Section 4 of the Act provides for penalty for demanding dowry.
Under this Section demanding dowry is also an offence when a person demands, directly or indirectly any dowry from parents, guardian or relatives of a bride or bridegroom, he is liable to punish with a minimum imprisonment of six months, which may extend to two years and with fine which may extend to ten thousand rupees. The court is empowered to award a sentence of imprisonment for a term less than six months for adequate and special reasons to be recorded in the judgment.
In L. V. Jadhav vs Shankarrao Abasaheb Pawar, 1983 AIR SC 1219, case, A got engaged to P, working in the U.S. when the marriage ceremony was in progress P and his father allegedly demanded a sum of Rs.50,000/- on the pretext of travel tickets of the parties. They further, stated that a marriage ceremony would not be completed unless the demand fulfilled. However, after pressure, the marriage formalities completed. P left for the U.S. Arrangements for procuring a passport and VISA for A were also made. In the meanwhile, she was residing with her father-in-law and the demand for money continued. the Court held, that in order to bring a case u/s 4 of the Act there must be a demand of dowry and dowry means the property which is agreed to be given as a consideration for marriage. A demand by one party from the other to pay a certain amount is not a dowry. On appeal, the Bombay High Court held that this did not come within the meaning of the word “Dowry”. The complainant not having made any allegation to bring the case in conformity with the requirement of Sec 2 & 4 of Dowry Prohibition Act the court quashed the proceeding. On appeal in the Supreme Court, the Court held that it is an offence under S. 4 of the Dowry Prohibition Act.
In Harbans Singh v. Smt. Guru Charan Kaur Alias Sharan Kaur, 1993 Rec Cr R 404 Del case, the offence of demanding dowry stood committed even before the marriage was performed and also when the demand was repeated again and again after the performance of marriage in respect of the same items of dowry.
In Bhoora Singh V. state of U.P, 1992 Cri LJ (2) 294 case, the deceased had before being set on fire by her in-laws written a letter to her father that she was being ill-treated, harassed and threatened with dire consequences for non-satisfaction of demand of dowry. The Court held that an offence of demanding dowry under S. 4 of the Dowry Prohibition Act had been committed.
In Shankar Prasad Shaw V. State 1 1992 DMC 30 Cal case, there had been no agreement between either party to marriage nor their relations to give any property or valuable security to the other party at or before or after the marriage. Held that the demand of T.V., freeze, Gas Connection, Cash of Rs.50,000/- and 15 tolas of gold will not amount to the demand of dowry but the demand of valuable security and the said offence does not attract sec 4 of the DP Act.
In Raksha Devi V. Arana Devi, 1991 DMC 46 (P &H) case, the Court held that furnishing list of ornaments other household articles at the time of settlement of marriage amounts to the demand of dowry and accused are liable to be convicted u/s 4 of DP Act.
In Kashi Prasad v. State of Bihar 1980 BBCJ 612,615 & 616 case, the Court held that demand made not in consideration of marriage as demand is only in relation to property or valuable security in connection to marriage but where there is demand of certain sum which is not agreed upon is not a demand at all hence, such allegation made in the petition don’t constitute any offence under sec 3 or 4 of the Act.
In Sobharani V. Madhukar Reddi AIR 1988 SC 121 case, the Court held that the demand for dowry amounts to cruelty and which is a ground for dissolution of marriage in case of women.
Penalty for Advertisement Related to Dowry:
Section 4A: The Dowry Prohibition Act, 1961:
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,
(b) prints or publishes or circulates any advertisement referred to Cl. (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.
any person who advertises through media that he is going to give his property which will be in cash or in-kind as consideration for a marriage of his daughter or any of his relative is punishable with a minimum of six-month imprisonment which may extend to five years or with fine. However, court may award lesser imprisonment for special reasons stated in tile judgment. So advertisement in any way is an offense which is punishable.
Agreement for Giving or Taking Dowry:
Section 5: the Dowry Prohibition Act, 1961:
Agreement for giving or taking dowry to be void:
Any agreement for the giving or taking of dowry shall be void.
Any agreement Regarding giving or taking dowry is void and Which is void ab-in-itio. So suit on such agreement never stand. And if in any case, cash has been given in advance then recovery of such cash is also impossible.
InRamekbal Singh v. Harihar Sigh AIR 1962 Pat 343,345 case, the Court held that where a certain sum was paid under a contract as tilak was in contravention of this law and the parties could be prosecuted u/s 3 & 4 of Dowry Protection Act for contravening the law. This contract was prohibited by law.
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