(Act No.28 of 1961)[2Oth May. 1961]
AN ACT TO PROHIBIT THE GIVING OR TAKING OF DOWRY
Be it enacted by Parliament in the Twelfth Year of the Republic
of India as follows:
1. SHORT
TITLE, EXTENT AND COMMENCEMENT.-
(l) This Act maybe called the Dowry Prohibition Act, 1961
.(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.
2.
DEFINITION OF "DOWRY".-
ln 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
(b) by the parents of either party to a marriage or by any other person to
either party to the marriage or to any other person;
at or before or any time after the marriage in connection with
the marriage of said parties but does not include dower or mahr in the
case of persons to whom the Muslim Personal Law (Shariat) applies.
EXPLANATION
I
OmittedEXPLANATION II-The expression
"valuable security" has the same meaning as in
Sec. 30 of the Indian Penal Code (45 of
1860).
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 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.
(2) 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 rule made under this Act;(b) presents which
are given at the time of 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.
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,
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.
4-A. 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 if 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.
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 is given, that person shall transfer it to the woman-(a) if the
dowry was received before marriage, within three months after the date of
marriage; or(b) if the dowry was received at the time of or after the marriage
within three months after the date of its receipt; or(c) if the dowry was
received when the woman was a minor, within 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) If any person fails to transfer any property as required by sub-section (1)
within the time limit specified therefor 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 extend to two years or with fine 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: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 had children, be transferred to such children and pending such
transfer, be held in trust for such children.(3-A) Where a person convicted
under sub-section (2) for failure to transfer any property as required by
sub-section (1) tor 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, 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,
her heirs, parents or children within such period as may be specified in the
order, andif 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, her heirs, parents or children.
(4) Nothing contained in this section shall affect provisions of Sec. 3 or Sec.
4.
7.
COGNIZANCE OF OFFENCE.-
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2
of 1974),-(a) no Court inferior to that of a Metropolitan Magistrate or a
Judicial Magistrate of the first class shall try any offence under this Act;(b)
no Court shall take cognizance of an offence under this Act except upon-(i) its
own knowledge or a police report of the facts which constitute such offence,
or(ii) a complaint by the person aggrieved by offence or a parent or other
relative of such person, or by any recognized welfare institution or
organisation;(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 on
any person convicted of any offence under this Act.EXPLANATION.- For the
purposes of this sub-section, "recognized welfare institution or organisation"
means a social welfare institution or organisation recognized in this behalf by
the Central or State Government.
(2) Nothing in Chapter XXXVI of the Code of Criminal Procedure, 1973 (2 of
1974), shall apply to any offence punishable under this Act.
(3) Notwithstanding anything contained in any law for the time being in force,
a statement made by the person aggrieved by the offence shall not subject such
person to a prosecution under this Act.
8. OFFENCES
TO BE COGNIZABLE FOR CERTAIN PURPOSES AND TO BE
NON-BAILABLE AND NON-COMPOUNDABLE .-
(l) 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(b) for the purpose of matters other
than-(i) matters referred to in Sec. 42 of that Code, and(ii) the arrest of a
person without a warrant or without an order of a Magistrate.
(2) Every offence under this Act shall be non-bailable and
non-compoundable.
8-A. BURDEN
OF PROOF IN CERTAIN CASES.- Where any person is prosecuted for taking or abetting the taking of any dowry under Sec. 4, or the demanding of dowry
under Sec. 4, the burden of proving that he has not committed an offence under
those sections shall be on him.
8-B. 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, or the demanding of, dowry;(c) to collect such evidence as may be
necessary for the prosecution of persons committing offence under the Act;
and(d) 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.
(3) The 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
limitation and conditions as may be specified by rules made under this Act.
(4) The State Government may, for the purpose of advising and assisting the
Dowry Prohibition Officer 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).
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.
(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 Sec. 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.
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.
(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 Sec. 8-B;(b) limitations and conditions
subject to which a Dowry Prohibition Officer may exercise his functions under
sub- section (3) of Sec. 8-B.
(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 DOWRY PROHIBITION (MAINTENANCE OF LISTS OF PRESENTS TO THE
BRIDE AND BRIDEGROOM) RULES, 1985
G.S.R.
664(E), DATED 19TH AUGUST, 1985.-
In exercise of the powers conferred by Sec. 9 of the Dowry Prohibition Act,
1961(28 of 1961), the Central Government hereby makes the following rules,
namely:
1. SHORT TITLE AND
COMMENCEMENT.- (1) These rules may be called the Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985.
(2) They shall come into force on the 2nd day of October, 1985, being the date
appointed for the coming into force of the Dowry Prohibition (Amendment) Act,
1984 (63 of 1984).
2. RULES IN ACCORDANCE WITH
WHICH LISTS OF PRESENTS ARE TO BE MAINTAINED.-
(1) The lists of presents which are given at the time of the marriage to the bride shall be maintained by the bride.
(2) The list of presents which are given at the time of the marriage to the
bridegroom shall be maintained by the bridegroom.
(3) Every list of presents referred to in sub-rule (1) or sub- rule (2),- (a)
shall be prepared at the time of the marriage or as soon as possible after the
marriage;(b) shall be in writing;(c) shall contain,-
(i) a brief description of each present;
(ii) the approximate value of the present;
(iii) the name of the person who has given the present; and
(iv) where the person giving the present is related to the bride or bridegroom,
a description of such relationship;(d) shall be signed by both the bride and
the bridegroom.EXPLANATION 1.-where the bride is unable to sign, she may affix
her thumb-impression in lieu of her signature after having the list read out to
her and obtaining the signature on the list, of the person who has so read out
the particulars contained in the list.EXPLANATION 2.-where the bridegroom is
unable to sign, he may affix his thumb-impression in lieu of his signature
after having the list read out to him and obtaining the signature on the list
to the person who has so read out the particulars contained in the list.
(4) The bride or the bridegroom may, if she or he so desires,
obtain on either or both of the lists referred to in sub-rule (1) or sub-rule
(2) the signature or signatures of any relations of the bride or the bridegroom
or of any other person or persons present at the time of the marriage.
