Customary Practices and legislative provisions relating to dowry prohibition

Historical Context and Social Impact

• Dowry was a practise initially in upper class. Eventually, every boy started demanding dowry, considered to as their right.
• In such situation when Brides family was not able to provide or fulfil. The demands these brides were mistreated tortured burnt alive, abated them to suicide.
• Such conditions and cases were arising in large numbers to deal with this. The Dowry Prohibition Act in 1961 was introduced initially it was not stringent enough to satisfy its objective It was made stringent through amendment
• Dowry death is covered under section 80 of BNS and punishable up to life imprisonment
• BNSS under dowry death is classified as cognizable and non-Bailable offence. It is punishable with imprisonment up to 7 years which may extend to life imprisonment
• The dowry prohibition act consists of 10 sections. It also the act also provides for definition of dowry. Definition of dowry death. and punishment for Dowry death

Section-Wise Breakdown of the Act

Section 2 – Definition of Dowry

• Any property on valuable security given or agreed to be given directly and indirectly
• a) By one party to Marriage to other party
• b) By one parent or either party to parent or either party of marriage
• Does not include dower or Mehar in case of Hindu personal law.

Section 3 – Penalty for giving or taking dowry

• Any person given take in or a bid to give or take dowry is punishable with imprisonment for term not less than five years, an d with fine, not less than 15,000 or amount of demanded delivery, whichever is more
• Exception - a) Present gives to a bride at a time of marriage without demand.
• b) Present given to groom at time of marriage without demand

Section 4 – Penalty for demanding dowry.

• Person demanding dowry directly or indirectly to relative guardian parent of bride or bridegroom Punishable with imprisonment of term not less than six months, which may extend up to two years, and fine up to 10,000.

Section 4B – Ban on advertisement

• Any person who in any newspaper, journal or any other media offer His share of property or money. To marry his daughter Son or any other relatives shall be punishable for Six months to 5 yr. Or find up to 5000 in special reasons punishment to be less than 6 months.

Section 5 – Agreement for giving or taking dowry to be void

Section 6 – Dowry to be for benefit of wife or her heirs.

• Dowry is received by any person other than women. Shall transfer it to women
• a) If is received before marriage - Within three months after marriage
• b) If dowry is received at time of marriage -Three months after the days of recipet.
• c) If dowry is received, when women were minor -Three months after she attains age of 18
• Person fails to transfer punishable with imprisonment for term not less than six months extend able upto two years. Or fine up to 10,000 or both
• Woman dies before receiving it her heirs can claim it from person holding it. If women die before seven years of marriage or natural costs, such property shall be given to her children if she has no children, her parents can claim.

Section 7 – Cognizance of offence

• Instead of anything contained in CRPC
• No court inferior to metropolis magistrate or judicial magistrate. Shall try any offence under this act
• No Court shall take cognizance of an offence. Its own knowledge police reporter facts, which constitutes such offence complaint by person, agree parents, relatives or well-known organisations.
• Lawful for metropolitan court or JMFC to pass sentence authorised by this act two person convicted of offence under this act.

Section 8 – Offence to be cognizable for certain purpose and to be bailable and Non-Compoundable.

• CRPC shall apply under this act to offence as were cognizable offence;
• a) Purpose of investigation
• b) Purpose of matter other than (i) matter referred in sec 42 of crpc (ii) Arrest of person without warrant or without an order magistrate
• Every open centre, this act Non bailable and non-Compoundable

Section 8A – Person, who is prosecuted for taking or abetting to take dowry U/S 3 or demanding dowry U/S 4 burden of proof that he has not committed often shall be on him.

Section 8B – Dowry Prohibition Officer (DPO)

• State government may appoint as many DPOs as it thinks fit.
• Every DPO should perform following function-
• a) See that provision of act followed
• b) To prevent as far as possible taking, abetting to take, demanding of dowry
• c) Collect evidence- Necessary for prosecution of person committing offence under this act
• d) Perform additional function assigned by state government.

Section 9 – Power to make rule

• Central government has power to make rules for carrying out purpose of this act.
• Rules may provide for the form and manner in which List of present given should be made at time of marriage

Section 10 – Power of State Government to Make rules

• State govt be make rule to fulfil objective of this
• In particular and without prejudice to generality of this make rules in following matter: i) Additional Function to DPO ii) Limitation and condition to which DPO may Exercise