Dowry Prohibition Act, 1961

(1) This Act may be 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 (Note: It came into force on 1st July, 1961) as the Central Government may, by notification in the Official Gazette, appoint.

In this Act, "dowry" means any property or valuable security given or agreed to be given either directly or indirectly. 1. By one party to a marriage to the other party to the marriage, or 2. By the parent 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 [(Note: Subs. by Act 43 of 1986, sec.2) or any time after the marriage] [(Note: Subs. by Act 63 of 1984, sec.2) in connection with the marriage of the said parties, but does not include] dower or mahr in the case or persons to whom the Muslim Personal Law (Shariat) applied. (Note: Explanation I omitted by act 63 of 1984, sec.2). Explanation II- The expression "valuable security" has the same meaning as in section 30 of the Indian Penal Code (45 of 1860). Comment: “…even if the demand is long after the marriage the same could constitute dowry, if other requirements of the section are satisfied.” : State of H.P v. Nikku Ram, AIR 1996 SUPREME COURT 67

[(Note: Section 3 re-numbered as sub-section (1) thereof by Act No.63 of 1984, sec.3) (1)] 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 [(Note: Subs. by Act 43 of 1986, Sec.3) 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 a adequate and special reasons to be recorded in he judgment, impose a sentence of imprisonment of a term of less than [(Note: Subs. by Act 43 of 1986, Sec.3) five years.] (2) [(Note: Ins. by Act 63 of 1984, sec.3) Nothing is sub section (1) shall apply to, or in relation to, - 1. Presents which are given at the time of a marriage to the bride (without any demand having been made in that behalf). 2. 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 .

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 a adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months.

Any agreement for the giving or taking of dowry shall be void.

(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.

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.

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.

(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.

(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.