Indian Legal System > Civil Laws > Family Laws > The Dowry Prohibition Act, 1961 > Dowry Prohibition Officers
In this article, we shall study the provisions of Section 8 of the Dowry Prohibition Act, 1961 and provisions for the appointment of Dowry Prohibition Officers.
Section 8: The Dowry Prohibition Act, 1961:
Offences to be congnizable for certain purposes and to be bailable and non-compoundable:
(1) The Code of Criminal Procedure, 1973 (2 of 1974) shall apply to offences under this Act as of they were cognizable offences-
(a) for the purpose of investigation of such offences; and
(b) for the purpose of matters other than-
(i) matters referred to in Sec. 42 of that Code, and
(ii) the arrest of person without a warrant or without an order of a Magistrate.
(2) Every offence under this Act shall be non-bailable and non-compoundable.
Section 8 says that as the offences under this Act are cognizable offences, they should be tried under the Code of Criminal Procedure, 1973 (2 of 1974). Every offence under this Act shall be non-bailable and non-compoundable.
Burden of Proof on Accused:
Section 8 (A): The Dowry Prohibition Act, 1961:
Burden of proof in certain cases:
Where any person is prosecuted for taking or abetting the taking of any dowry under Sec. 3, or the demanding of dowry under Sec.4, the burden of proving that he had not committed an offence under those sections shall be on him.
Section 8(A) lays down that the burden of proof, that he has not committed the offence lies on the accused. Sec 8 – A in its operation will have to be read down in the light of Sec 2 and 3 & 4 of the Act. Where any person is prosecuted for taking or abetting any dowry u/s 3 or demanding dowry u/s 4, the burden of providing that he had not committed an offence under those sections shall be on him but the initial burden which is always on the prosecution to prove basic ingredients of the sections for bringing home the charges to the accused.
Following ingredients of the offence will have to be established before a competent criminal court before which the accused is prosecuted under Section 3 of the Act.
- Any property or valuable security must be proved to have been given or taken by the accused pursuant to an agreement or otherwise;
- The accused must be shown to have abetted such giving or taking of any property;
- Such giving or taking of any property or valuable security either directly or indirectly or its abetment must be done by any party to the marriage vis-a-vis the other party to the party;
- Such giving or taking of any property or valuable security either directly or indirectly or its abetment is done by the parents of either party to a marriage or any other person for the benefit of either party to a marriage or any other person for the benefit of either party to the marriage or any other person;
- Such property or valuable security is given or taken at or before or any time after the marriage;
- Such property or valuable security must be given in connection with the marriage of said parties
Following ingredients of the offence will have to be established before a competent criminal court before which the accused is prosecuted under Section 4 of the Act.
- The accused must be shown to have demanded directly or indirectly from the parents or other relatives or guardians of a bride or bridegroom as the case may be;
- Any property or valuable security to be given by one party to the marriage to the other party of the marriage; or
- Any property or valuable security to be given by parents of either party to the marriage or by any other person, to either party to the marriage or to any other person.
- Such demand should be made at or before or any time after the marriage.
- Such demand for any property or valuable security must be in connection with the marriage of the said parties.
Once these basic ingredients are established by the prosecution the burden of proof would shift on the accused to show that such demand if any by him was not in connection with the marriage of the said parties meaning thereby that he had not demanded any dowry from the parents or other relatives or guardian of a bride or bridegroom as the case may be. Thus burden will shift on him only to establish that the last ingredients of both the above lists is not proved.
Dowry Prohibition Officers:
Section 8 (B): The Dowry Prohibition Act, 1961:
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.
(2) Every Dowry Prohibition Officer shall exercise and perform the following powers and functions, namely, –(a) to see that the provisions of this Act are complied with;
(b) to prevent, as far as possible, the taking or abetting the taking of, of the demanding of, dowry;
(c) to collect such evidence as may be necessary for the prosecution of persons committing offences under the Act; and
to perform such additional functions as may be assigned to him by the State Government, or as may be specified in the rules made under this Act.
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.
Duties of Dowry Prohibition Officers:
- to see that the provisions of this Act are complied with;
- to prevent, as far as possible, the taking or abetting the taking of, of the demanding of, dowry;
- to collect such evidence as may be necessary for the prosecution of persons committing offences under the Act; and
- to perform such additional functions as may be assigned to him by the State Government, or as may be specified in the rules made under this Act.
Powers of Dowry Officers:
Section 8 (3): The Dowry Prohibition Act, 1961:
The State Government may, by notification in the Official Gazette, confer such powers of a police officer as may be specified in the notification, 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.
Section 8 Clause 3 of the Dowry Prohibition Act, lays down that by publishing in Official gazette State government may confer the Dowry Prohibition Officer powers of a police officer subject to such limitations and conditions as may be specified by rules made under this Act
Appointment of Advisory Board:
(4) The State Government may, for the purpose of advising and assisting the Dowry Prohibition Officers in the efficient performance of their functions under this Act, appoint an advisory board consisting of not more than five social welfare workers (out of whom at least two shall be women) from the area in respect of which such Dowry Prohibition Officer exercises jurisdiction under sub-section (1).
Power to Make Rules by Central Government:
Section 9: The Dowry Prohibition Act, 1961:
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.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for—
(a) the form and manner in which, and the persons by whom, any list of presents referred to in sub-section (2) of section 3 shall be maintained and all other matters connected therewith; and
(b) the better co-ordination of policy and action with respect to the administration of this Act.
(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 in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions 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.
The Central Government may, by notification in the Official Gazette, make rules for carrying out the foregoing power, such rules may provide for.
- The form and manner in which, and the person by whom and list of present referred to in subsection (2) of Sec. 3 shall be maintained and all other matters connected therewith any;
- The better co-ordination of policy and action with respect to the administration of this Act.
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 in two successive sessions, and if before the expiry of the session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following both Houses agree in making any modification in the rule of both Houses agree that the rule should not be made, the rule shall thereafter have 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.
Power to Make Rules by State Government:
Section 10: The Dowry Prohibition Act, 1961:
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.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the additional functions to be performed by the Dowry Prohibition Officers under sub-section (2) of section 8B;
(b) limitations and conditions subject to which a 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.
The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following mater, namely –
- The additional function to be performed by the Dowry Prohibition officers under sub-section (2) of Section 8 – B;
- Limitations and conditions subject to which Dowry prohibition officers may exercise his functions under subsection (3) of sec 8-B.
Every rule made by the State Government under this section shall be laid a soon as may be after it is made before the state legislature.
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