Dowry

In one line

A statute of ten sections that prohibits dowry absolutely, and a practice that continued, so Parliament had to make the criminal law reach the death that follows.

In the wording a student can write in an exam: the Dowry Prohibition Act 1961 defines dowry in section 2 as any property or valuable security given or agreed to be given, directly or indirectly, by one party to a marriage to the other, or by the parents or any other person to either party or to any other person, at or before or ANY TIME AFTER the marriage, in connection with the marriage, and excludes dower or mahr under Muslim personal law. Section 3 punishes giving or taking or abetting; section 4 punishes DEMANDING; section 4A bans advertisement; section 5 makes any agreement for dowry void; section 6 requires anyone else who receives dowry to transfer it to the woman and holds it in trust for her meanwhile; section 7 governs cognizance; section 8 makes offences cognizable for certain purposes, non-bailable and non-compoundable; section 8A places the burden of proof on the accused; section 8B provides for Dowry Prohibition Officers; and sections 9 and 10 are the rule-making powers. Alongside the Act, sections 85 and 86 of the Bharatiya Nyaya Sanhita punish cruelty and section 80 makes dowry death a distinct offence with a presumption.

The Act, section by section

Section 1. Short title, extent and commencement. The Dowry Prohibition Act 1961, extending to the whole of India, in force from a date the Central Government appointed by notification, namely 1 July 1961.

Section 2, the definition. Dowry means any PROPERTY OR VALUABLE SECURITY given or agreed to be given, either directly or indirectly, by one party to a marriage to the other party, or by the parents of either party or by any other person to either party or to any other person, at or before or at any time AFTER the marriage, IN CONNECTION WITH the marriage of the said parties. Dower or mahr in the case of persons governed by Muslim personal law is excluded. Valuable security has the meaning it bears in the Penal Code.

Three things about the definition. The words "or any time after the marriage" were inserted in 1984, which is what makes a demand made years later dowry. The words "in connection with the marriage" replaced a narrower formula, and they are the link the prosecution must prove. And the giver need not be a party: a demand on the bride's brother is within the section.

Section 3, giving or taking. Not less than FIVE YEARS' imprisonment and a fine of not less than fifteen thousand rupees or the value of the dowry, whichever is more, with a proviso allowing a lesser term for adequate and special reasons recorded in the judgment. Sub-section (2), inserted in 1984, excepts presents given at the time of the marriage to the bride or the bridegroom WITHOUT ANY DEMAND, provided they are entered in a list maintained under the rules, and provided that presents to the bride from the bridegroom's side are of a value not excessive having regard to the financial status of the giver.