Dowry related crimes Offences under the Dowry Prohibition Act 1961

Under Section 2 of DPA - Any property or valuable security, which is given or agreed to be given, directly or indirectly by one party to a marriage to the other party to the marriage, or by 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 anytime after the marriage, in connection with the marriage.

Dowry does not include (Section 3 of DPA)

• Streedhan- includes anything given to the bride at or around the time of the marriage.
• Presents given to the bride or the bridegroom at the time of the marriage without any demand having been made for them.
• Such presents have to be entered in a list maintained by the bride or the bridegroom respectively.
• The list must be prepared at the time of the marriage or as soon as possible after the marriage.
• It should be in writing
• It should contain description of each present, the approximate value of each present.
• The name of the person who has given the present.
• If the person giving the present is a relation, the relationship should be specified.
• It should be signed by the bride and the bridegroom. If they cannot sign, they can affix their thumb impressions on the lists after the lists have been read over to them. The person who reads out the lists should also sign them. The bride/bridegroom can also obtain on wither or both the lists, signatures of any of their relatives or of any person present at the time of the marriage.

Punishment (Sections 3 & 4 of the D.P.A.)

Punishment for giving or taking, or abetting the giving or taking of dowry:

• Minimum sentence– Imprisonment for 5 years + fine of Rs.15000/- or the value of the dowry, whichever is more.
• No maximum sentence is prescribed in the act.
• A sentence of less than 5 years can be imposed for special and adequate reasons.

Punishment for demanding dowry:

• Imprisonment for 6 months to 2 years + fine upto Rs.10,000/-
• A sentence of less than 6 months can be imposed for special and adequate reasons.

Note: Even though the sentencing power of Metropolitan Magistrate/Judicial Magistrate First Class is limited to 3 years under the Cr.P.C., under the D.P.A. the Magistrate can sentence a person to imprisonment for 5 years or more under this act (Section 7 of the D.P.A.)

Agreement for the giving or taking of dowry to be void (Section 5 of the D.P.A.)

Any agreement for the giving or taking of dowry is void. It has no legal validity whatsoever.

The giving or taking of dowry is

• Cognizable- for the purposes of investigation and matters other than arrest without warrant. As far as the arrest is concerned, the accused can be arrested only with a warrant
• Non-bailable
• Non-compoundable

Triable by:

Metropolitan Magistrate/ Judicial Magistrate First class

Who can file a complaint under this act? (Section 7 of the D.P.A.)

A complaint can be filled in court by:

• Any person aggrieved of an offence under this act.
• The parent or relative of the person aggrieved.
• Any social welfare institution or organization recognized by the central or state government.
• Any person can also give the information about the offence to the police. The police will then inquire into the truth of the allegations made, and may file a report before the Magistrate. The Magistrate can then take cognizance of the offence on the basis of the police report of facts, which make out the offence.

Burden of proof in certain cases (Section 8A of the D.P.A.)

• The burden of proof is on the accused in the cases of taking or abetting the taking of dowry, and the demanding of dowry. In these caes, the accused must prove that he had not committed the offence.

Dowry to be for the benefit of the wife/her heirs (Section 6 of the D.P.A.)

• If any dowry is received by any person other than the woman in connection with those marriage it is given, the person to whom it was
• If the dowry was received before the marriage, within 3 months after the marriage.
• If the dowry was received at the time of the marriage within 3 months after the date of the receipt.
• If the dowry was received when the woman was a minor, within 3 months after has attained 18 years of age.
• Punishment for non-transfer- Imprisonment for 6 months to 2 years + fine of Rs.5000/- to Rs.10,000/-
• If the woman dies pending the transfer, her heirs can claim it from the person holding it.
• If the woman dies in suspicious circumstances within 7 years of marriage:
• If she has children, the property should be transferred to her children, and held in trust for them pending the transfer.
• If she does not have children, the property should be transferred to her parents.
• On the conviction for non-transfer, the court can order the person to transfer the property to the woman/her heirs as the case may be, if it has not already been transferred within a certain time limit. If he still fails to transfer the property, an amount equal to the value of the property can be recovered from him.

The property of a married woman can consist of:

• Streedhan- includes anything given to her at or around the time of her marriage.
• Property left to her anyone in a will.
• Property gifted to her by her parents/siblings/in-laws.
• The woman is the absolute owner of all this property. Her husband and his family do not have any right over it.