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Date - 23.07.2020
Day - Day 23
Legal Legislation

DOWRY PROHIBITION ACT, 1961

INTRODUCTION
The Dowry Prohibition Act, 1961 ​is an Act that was enacted by the Parliament in the 12th
year of the Republic of India on 20th May 1961. This is ​an Act to prohibit the give and take of
dowry ie, to abolish the system of dowry. ​It consists of 1 chapter further divided into 10
sections.

EXPLANATION OF SECTIONS
Section 1 → Short title, extent and commencement
This section states that this Act applies to the whole of India and shall come into force on 1st
July 1961 as mentioned in the Official Gazette via a notification published by the Central
Government. It further states that this Act shall be named ‘​The Dowry Prohibition Act, 1961​’.
Section 2 → Definition of ‘dowry’
This section defines the term ‘Dowry’ as any property or valuable security which is given or
agreed to be given either directly or indirectly-
(1) by one party of marriage to another party of marriage; or
(2) by parent or any other person on behalf of one party of marriage to another party of
the marriage.
This section also defines the term ‘Valuable Security’ as defined in ​Section 30 of the Indian
Penal Code​.
Section 3 → Penalty for giving or taking dowry
(1) This subsection states that in case any person takes, gives, or abets the give and
take of dowry after this Act is commenced then that person shall be awarded by
punishment with imprisonment for a minimum term of 5 years along with a fine of
minimum Rs. 15,000/- or the amount of dowry whichever is greater.
(2) This subsection states that nothing in subsection(1) shall apply to-
(a) the presents which are given to the bride at the time of marriage without any
demand from the groom’s side.
(b) the presents which are given to the bridegroom at the time of marriage
without any demand from the bride’s side.
Section 4 →Penalty for demanding dowry
(1) If any person demands any dowry directly from the parents or other relatives or
guardian of a bride or bridegroom, will be punishable with imprisonment for a period
less than 6 months but which may extend to 2 years and with fine which may extend
to Rs.10,000/-
Section 4A → Ban on advertisement
If any person-
 (a) get any advertisement printed in any newspaper, periodical, journal or through any
other media a share in his property or of 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 Clause (a), will be
punished with imprisonment for a term which will not be less than 6 months, but
which may extend to 5 years, or with fine which may extend to Rs, 10,000/- provided
that the Court may, for adequate and special reasons to be recorded in the judgment,
impose a sentence of imprisonment for a period of fewer than 6 months.
Section 5 → ​Agreement for giving or taking dowry to be void
Any agreement consisting of the giving or taking of dowry is void.
Section 6 → Dowry to be for the benefit of the wife or heirs
(1) Where any dowry is received by any person other than the woman in connection with
whose marriage in which it is given, that person will transfer it to the woman-
(a) if the dowry was received before marriage, within 3 months after the date of
marriage; or
(b) if the dowry was received at the time of or after the marriage within 3 months
after the date of its receipt; or
(c) if the dowry was received when the woman was a minor then should be within
3 months after she has attained the 18 years of age, 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 subsection (1) within the
specified time or as required by sub-section(3), will be punished with imprisonment
for a term not less than 6 months, but which may extend 2 years or with fine, not less
than Rs. 5,000/-, which may even rise to Rs. 10,000/- or with both.
(3) Where the woman is entitled to any property under sub-section (1) dies before
receiving it, then the heirs of the woman will be entitled to claim it from the person
holding it that time and if she has no children it will be transferred to her parents.
(3A) Where a person convicted under subsection (2) for failure to transfer any
property as required by sub-section(1) or sub-section(3) has not, before his
conviction under that sub-section, transferred such property to the women entitled to
it or, her heirs, parents or children, the Court will be, in addition to awarding
punishment under that subsection directs that such person should transfer the
property to such woman, her heirs, parents or children, and if such person fails to
comply with the direction within the period so specified, an amount equivalent to the
value of the property may be recovered from him as if it was a fine imposed by such
Court and paid to such woman, her heirs, parents or children.
(4) As a part of this section, nothing will affect the provisions of ​Section 3 of the Dowry
Prohibition Act, 1961 ​or ​Section 4 of the Dowry Prohibition Act, 1961​.
Section 7 → Cognisance of offenses
(1) Apart from anything contained in the​ Code of Criminal Procedure, 1973 (2of 1974)​,
no Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the
first class should try any offense under this Act, no Court shall take cognizance of an
offense under this Act other than-
(i) its knowledge or a police report of the facts which constitute such offense, or
 (ii) a complaint by the person aggrieved by the offence or a parent or other relative of
such a person.
(2) In Chapter XXXVI of the ​Code of Criminal Procedure, 1973 (2of 1974) nothing shall
apply to any offense punishable under this Act. Apart from anything contained in any
law for the time being in force, a statement made by the person aggrieved by the
offense will not amount to such a person to a prosecution under this Act.
Section 8 → Offences to be cognizable for certain purposes and to be non-bailable
and non-compoundable.
(1) ​The Code of Criminal Procedure, 1973​, shall apply to offenses under this Act as if
they were cognizable offenses-
(a) (a) for investigation of such offenses; and
(b) for matters other than
(i) matters referred to in ​Section 42 of The Code of Criminal Procedure,
1973​; and
(ii) the arrest of a person without a warrant or an order of a Magistrate.
(2) Each crime under this Act shall be non-bailable and non-compoundable.
Section 8A → Burden of proof in certain cases
Where a person is sued for taking or betting on any dowry under ​Section 3 of the Dowry
Prohibition Act, 1961 ​or for seeking dowry under ​Section 4 of the Dowry Prohibition Act,
1961​, the burden of proof that he or she has not committed an offense under those sections
shall be on him or her.
Section 8B → Dowry Prohibition Officers
(1) The Government of the State will appoint as many Dowry Prohibition Officers as it
deems necessary and determines the areas in respect of which they exercise their
authority 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 offenses 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 Government of the State may, by notification in the Official Gazette, confer such
powers on a police officer as may be stated in the notification to the Dowry
Prohibition Officer, who shall exercise such powers subject to such restrictions and
conditions as may be laid down in the provisions of this Act.
(4) To recommend and assist Dowry Prohibition Officers in the effective execution of
their duties under this Act, the Government of the State may appoint an Advisory
Board consisting of no more than five social service workers from the region in which
the Dowry Prohibition Officer exercises authority under subsection (1).
Section 9 → Power to make rules
(1) Through notification in the Official Gazette, the Central Government could lay down
rules for the enforcement 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 ​Section 3(2) of the Dowry Prohibition Act, 1961 shall be
maintained and all other matters connected therewith; and
(b) Every rule made by the Central Government under this Act 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 30 days which may be comprised in one
session or 2 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 effect
only in such modified form or be of no effect so in that case any such
modification or annulment will be made without prejudice to the validity of
anything previously done under that rule.
Section 10 → Power of State Government to make rules
(1) The Government of the State may, by publication in the Official Gazette, lay down
rules for the execution 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 ​Section 8B(2) of the Dowry Prohibition Act, 1961​;
(b) limitations and conditions subject to which a Dowry Prohibition Officer may
exercise his functions under ​Section 8B(3) of the Dowry Prohibition Act, 1961​.
(3) Any law made by the Government of the State under this provision shall be laid down
as soon as possible after it has been made before the State Legislature.

By ​Sneha Mahawar​, ​Anshika Raj Singh and ​Deb Zyoti Das​, Content Board, All India
Legal Forum.
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