PROJECT REPORT ON

DOWRY PROHIBITION ACT, 1961:

A CRITICAL STUDY
Submitted to :

Dr. Manoj Kumar

Faculty of Socio Economic Offences

Submitted by- Sounak Verma

Semester –VII, Section- A

Roll No. 158

Hidayatullah National Law University,Raipur

Submitted on: 23-10-2019

1
 Declaration
I Sounak Verma , have undergone research of the project work titled “Dowry
Prohibition Act, 1961 : A critical study ‖ , as a student of Socio Economic Offences
hereby declare that- this Research Project is the outcome of the investigation done by
me and also prepared by myself under the supervision of Dr Manoj Kumar. ,
Faculty Member, HNLU, Raipur. The views expressed in the report are personal to
the student and do not reflect the views of any authority or any other person, and do not
bind the statute in any manner. I also declare that this report is the intellectual property of
the on the part of student research work, and the same or any part thereof may not be used
in any manner whatsoever in writing.

Sounak Verma

Roll No.158

ID No. 1620161415

Semester – VII(A)

Hidayatullah National Law University, Raipur

2
 Acknowledgements
I feel highly elated to work on the project “Dowry Prohibition Act, 1961 : A critical
study ‖ . The practical realization of the project has obligated the assistance of many
persons. Firstly I express my deepest gratitude towards Mr.Manoj Kumar, Faculty of
Socio Economic Offences, to provide me with the opportunity to work on this project.
His able guidance and supervision in terms of his lectures were of extreme help in
understanding and carrying out the nuances of this project. I would also like to thank The
University and the Vice Chancellor for providing extensive database resources in the
library and for the Internet facilities provided by the University. Some typography or
printing errors might have crept in, which are deeply regretted. I would be grateful to
receive comments and suggestions to further improve this project.

Sounak Verma

Roll No.158

ID No. 1620161415

Semester – VII(A)

Hidayatullah National Law University, Raipur

3
 Certificate
This is to certify that Mr. Sounak Verma, Roll Number-158, student of Semester- VII,
Section –A of B.A. LL.B.(Hons.), Hidayatullah National Law University, New Raipur
(Chhattisgarh) has undergone research of the project work titled ―Dowry Prohibition Act,
1961:A Critical Study ‖, in partial fulfillment of the subject Socio Economic Offences.
His performance in research work is up to the level.

Place: New Raipur

Date: 23.04.2019

Mr. Manoj Kumar

(Faculty of Socio Economic Offences )

Hidayatullah National Law University,

Raipur, Chhattisgarh

4
 List of Abbreviations

1 AIR : All India Reporter

2. p.: Page

3. SCC: Supreme Court Cases

4. v: versus

STATUTE

 Dowry Prohibition Act,1961

5
Contents
CHAPTER-1: INTRODUCTION............................................................................................................ 7
Research methodology .................................................................................................................... 8
CHAPTER-2: MEANING OF DOWRY UNDER THE DOWRY PROHIBITION ACT,1961 .......... 10
CHAPTER-3:PENAL PROVISION UNDER DOWRY PROHIBITION ACT .............................................. 14
CHAPTER-4: POWER OF DOWRY PROHIBITION OFFICER & POWER OF CENTRE & STATE
GOVERNMENT ............................................................................................................................... 17
CHAPTER-5: COGNIZANCE OF OFFENCES....................................................................................... 19
Conclusion ...................................................................................................................................... 20
BIBLIOGRAPHY ............................................................................................................................... 21

6
CHAPTER-1: INTRODUCTION
Marriage is an integral part of society, a source of joy and festivities as well as of new
beginnings. Yet, one of the longest standing evils associated with marriage from a
woman’s point of view in the Indian society is the Dowry system. Despite a lot being said
and done against the custom, it is still prevalent in the 21st century, in both subtle and
obvious ways. The root of a host of social atrocities against women, the custom of
presenting dowry is the crudest expression of the male-dominance in the society. It is most
often the mandatory custom of a girl’s parents having to provide a considerable amount of
cash, gold in the form of jewelry, electronic equipment, movable or immovable properties,
to the groom and his family, at the time of marriage. Although the origin of the custom lies
with parents trying to assure financial stability for their daughters, in current perspective it
has translated into parents paying up for the assurance of well-being of their daughters.
The jewelry and cash that a bride brings with her from her parents’ house is often referred
to as ―Streedhan‖ and in theory is the property of the girl, but in reality it is often treated as
their rightful due by the groom’s family. The sum to be paid as dowry has no set standard,
the yardstick greatly depends on the groom’s profession/social standing and is often
perceived as the groom’s family as the compensation of efforts they have made to educate
their boy. In a more subtle perspective, one may define this custom as the unquestioned
idea that the girl’s family is inferior in standing with the boy’s family, no matter what her
qualities are. Thus they need to be on their best behavior and offer lavish ―gifts‖ to please
the boy’s family. This ideal is so ingrained in the psyche of a large number of Indians, they
either practically ruin themselves financially in order to pay for the appropriate price of the
chosen groom, or make a bid to eradicate the prospect of this financial burden by selective
gender-biased abortion or female infanticide. This exploitative system that has turned the
custom of giving gifts and well wishes into a compulsory demand for money, respect and
subjugation, is the one of the major contributing factors hindering the growth of the Indian
society where being a woman is still viewed synonymous to being a burden. To counter
this Dowry Prohibition Act,1961 was enacted by parliament. The act came into force on
1st July 1961 with the objective to eliminate the dowry system. The act is both penal and
remedial.

7
 Research methodology
1.Research Question

A. Whether dowry include the matter unconnected with marriage ?

B. Whether court has unlimited discretionary power under the act ?

2. Rationale of the Study

The study finds its rationale in the current times and the issues stated in the problem.

3. Objective of the study

i. To understand the meaning of dowry under the dowry prohibition act,1961.

ii. To explain the penal provision under dowry prohibition act.

iii. To understand power of dowry prohibition officer & power of centre & state
government.

iv. To understand cognizance of offences.

8
4. Research design

The study is compiled through descriptive and analytical research methodology.

5. Chapterisation

Chapter 1 deals with iIntroduction

Chapter 2 meaning of dowry under dowry prohibition act,1961.

Chapter 3 deals with Penal provision under dowry prohibition act.

Chapter 4 deals with Power of dowry Prohibition officer and power of Centre and State

Government.

Chapter 5 deals with Cognizance of offence. At the last Conclusion and findings have been
noted.

6. Limitation and Scope

The research of my project is limited to dowry prohibition act & its critical study .

9
CHAPTER-2: MEANING OF DOWRY UNDER THE
DOWRY PROHIBITION ACT, 1961
Section 2 of the act deals with the meaning of dowry. In this Act, ―dowry1‖ means any
property or valuable security given or agreed to be given either directly or indirectly— (a)
by one party to a marriage to the other party to the marriage; or (b) by the 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 2[or any time after the marriage in connection with the marriage of the
said parties, but does not include] dower or mahr in the case of persons to whom the
Muslim Personal Law (Shariat) applies.the meaning of valuable security is given under
section 30 of IPC as ―The words ―valuable security‖ denote a document which is, or
purports to be, a document whereby any legal right is created, extended, transferred,
restricted, extinguished or released, or who hereby any person acknowledges that he lies
under legal liability, or has not a certain legal right’’. Under the 1961 act even the
voluntary present given by one party to another was treated as dowry which defeated the
purpose of the act and therefore amendment came in 1984 which exclude the present given
by one party to another from the meaning of dowry in which section 3 of the act was
amended and clause two was added which is as- Nothing in sub-section (1) of section 3
shall apply to, or in relation to,— (a) presents which are given at the time of a marriage to
the bride (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;
(b) presents2 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 made in
accordance with the rules made under this Act, the rule said A list of presents must be
prepared at the time of marriage or after it as soon as possible .The list shall contain the
following -:

1. A brief description of each present

2. Approximate value of the present

3. Name of the person who has given it

4. The description of person’s relationship with the bride or the bridegroom must be
Mentioned.

1
https://ijrar.com/upload_issue/ijrar_issue_20543163.pdf
2
https://shodhganga.inflibnet.ac.in/bitstream/10603/132584/10/10_chapter%204.pdf

10
5. And the list must be signed by the both bride and the bridegroom If both the bride and
the bridegroom are unable to sign the list then , they should affix their thumb impressions
in lieu of their signature. The rules regarding the Maintenance of Lists of presents to the
bride and the bridegroom came in force in 1985. The rules say that -:

1. The list of presents given to bride at the time of marriage must be maintained by the
bride itself

2. The list of presents given to bridegroom at the time of marriage must be maintained by
the bridegroom itself.

Interpretation of the meaning of Dowry by judiciary

1. Appasaheb vs state of Maharashtra3

The deceased Bhimabai was daughter of PW.1 Tukaram Eknath Tambe resident of village
Sanjkheda and she was married to appellant no. 1 Appasaheb son of Sheshrao Palaskar
about two and half years prior to the date of incident which took place on 15.9.1991. The
appellant no. 2, Kadubai is the mother of the appellant no. 1 and both the appellants were
residing in the same house in village Palshi. According to the case of prosecution, a sum of
Rs. 5000 and some gold ornaments had been given at the time of marriage of Bhimabai.
For about six months Bhimabai was treated well but thereafter the accused started asking
her to bring Rs. 1,000-1,200 from her parents to meet the household expenses and also for
purchasing manure. Whenever Bhimabai went to her parental home, she used to tell her
parents that her husband and mother-in-law (accused appellants) were harassing her and
used to occasionally beat her.

HELD- The learned Sessions Judge after consideration of the material on record acquitted
the appellants of the charges under Sections 498-A and 306 read with Section 34 IPC but
convicted them under Section 304-B IPC and imposed a sentence of 7 years RI thereunder.
The appeal preferred by the appellants was dismissed by the High Court by the judgment
and order dated 23.2.2005. but in SLP SC allowed the appeal and held that t In view of the

3
(2007) 9 SCC 721
11
aforesaid definition on of the word ―dowry‖ any property or valuable security should be
given or agreed to be given either directly or indirectly at or before or any time after the
marriage and in connection with the marriage of the said parties. Therefore, the giving or
taking of property or valuable security must have some connection with the marriage of the
parti es and a correlati on between the giving or taking of property or valuable security
with the marriage of the parties is essential. Being a penal provision it has to be strictly
construed. The evidence adduced by the prosecuteion does not, therefore, show that any
demand for ―dowry‖ as defi ned in Section 2 of the Dowry Prohibition Act was made by
the appellants as what was allegedly asked for was some money for meeting domestic
expenses and for purchasing manure. Since an essential ingredient of Section 304-B IPC
viz. demand for dowry is not established, the conviction of the appellants cannot be
sustained.

2. Satwant Kaur vs UOI4

Facts- Satwant Kaur @ Bholi was the sister of Rachhpal Singh (PW-4) and was married
with Baldev Singh accused on 8.6.1991. Within about a month of their marriage,
differences cropped up between the deceased and her husband as the mother-in-law and
husband of the deceased started demanding a fridge and a T.V. On 2.9.1992 Rachhpal
Singh had received a letter written by Satwant Kaur. This letter had been brought from
Amritsar to Chandigarh by the wife of Amrik Singh, who in turn, had taken it to Pinjore to
deliver the same to Rachhpal Singh. After going through the letter Rachhpal Singh had
become very upset and had left for Amritsar and reached there about 7-8 P.M. During the
night, he had stayed at the house of his second sister and in the morning of 3.9.1992 he had
gone to that the demand was not restricted only to the share in the ancestral properties but
also to the other demands which were nothing but dowry demands. The High Court found
substance in the plea of the prosecution and upheld the conviction. It was submitted that
the deceased was deprived of her legitismate share in the ancestral property and because of
this she was in mental depression leading to her commitng suicide.

Held- It is true that demanding of her share in the ancestral property will not amount to a
Dowry demand, but the evidence of PW.4 and PW.5 shows that the demands were in additi

4
(2009) 8 SCC 316,

12
on to the demand for her share in the ancestral property. Certain letters which were brought
on record clearly establish the demand for dowry. The conviction as recorded by the trial
court and upheld by the High Court does not warrant any interference. However, the
custodial sentence appears to be on the higher side. The same is reduced to the minimum
prescribed i.e. 7 years. In the ultimate result, with the modification of sentence, the appeal
stands disposed of.

13
CHAPTER-3: PENAL PROVISION UNDER DOWRY
PROHIBITION ACT,1961

Earlier in 19615 act the punishment was not not less than 6 month or fine upto 5000 rs but
later amendment came in 1984 in which the fine and punishment was increased, In which
the fine was increased to 10000 rs and punishment was increased upto 2 yrs and not less
than 6 month but the Court may, for adequate and special reasons to be recorded in the
judgment, impose a sentence of imprisonment for a term of less than 6 month.Again in
1986 amendment came which reflect the present scenario.

A. Punishment for giving or taking of dowry- If any person, after the commencement of
this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable
6[with imprisonment for a term which shall not be less than 7[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 adequate and special reasons
to be recorded in the judgment, impose a sentence of imprisonment for a term of less than
five years. Nothing in sub-section shall apply to, or in relation to,—

(a) presents which are given at the time of a marriage to the bride 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.

(b) presents which are given at the time of a marriage to the bridegroom without any
demand having been made in that behalf.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.

A list of presents must be prepared at the time of marriage or after it as soon as possible
.The list shall contain the following -:

1. A brief description of each present

2. Approximate value of the present

3. Name of the person who has given it

5
https://shodhganga.inflibnet.ac.in/bitstream/10603/186957/9/09_chapter%202.pdf

14
4. The description of person’s relationship with the bride or the bridegroom must be
mentioned

5. And the list must be signed by the both bride and the bridegroom

If 6both the bride and the bridegroom are unable to sign the list then , they should affix
their thumb impressions in lieu of their signature. The rules regarding the Maintenance of
Lists of presents to the bride and the bridegroom came in force in 1985. The rules say that -
:

1. The list of presents given to bride at the time of marriage must be maintained by the
bride itself.

2. The list of presents given to bridegroom at the time of marriage must be maintained by
the bridegroom itself.

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

C. Dowry to be for the benefit of the wife or her heirs.—(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

6
https://www.slideshare.net/raheemabasheer/presentation-on-critical-analysis-on-dowry-prohibition-
act

15
(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 3[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. If any person fails to transfer any property as required by
sub-section within the time limit specified therefor 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. 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 has children, be transferred to such children and pending such transfer, be held in
trust for such children.

(3A)7 Where a person convicted under sub-section (2) for failure to transfer any property
asrequired by sub-section (1) 2[or 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,
3[herheirs, 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, 3[her heirs, parents or children] within such period as
may be specified in theorder, and if such person fails to comply with the direction within
the period so specified, anamount equal to the value of the property may be recovered from
him as if it were a fine imposedby 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 the provisions of section 3 or section 4.

7
https://ijrar.com/upload_issue/ijrar_issue_20543163.pdf

16
CHAPTER-4: POWER OF DOWRY PROHIBITION
OFFICER & POWER OF CENTRE & STATE
GOVERNMENT
8
Section 8B of the act deals with this aspect of dowry Prohibition officer -

1.The State Government may appoint as many Dowry Prohibition Officers as it thinks fit
and specify the areas in respect of which they shall exercise their jurisdiction 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 offences 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.

Power of Centre and State Government-

Section-10-The State Government may, by notification in the Official Gazette, confer such
powers of a police officer as may be specified in the notification on the Dowry Prohibition
Officer who shall exercise such powers subject to such limitations and conditions as may
be specified by rules made under this Act.

(4) The State Government may, for the purpose of advising and assisting Dowry
Prohibition Officers in the efficient performance of their functions under this Act, appoint
an advisory board consisting of not more than five social welfare workers (out of whom at
least two shall be women) from the area in respect of which such Dowry Prohibition
Officer exercises jurisdiction under sub-section (1).

Section-9-The Central Government may, by notification in the Official Gazette, make rules
for carrying out the purposes of this Act. 1[(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

8
http://www.legalservicesindia.com/article/2034/Dowry-laws:-Loopholes-and-Possibilities-of-
misuse.html

17
section 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.] 2[(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 3[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

18
CHAPTER-5: COGNIZANCE OF OFFENCES
Section- 7. Cognizance of offences.—(1) 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
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 the offence or a parent or other relative of such person, or by
any recognised 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 an offence under this Act. Explanation.—For the purposes
of this sub-section, ―recognised welfare institution or organisation‖ means a social welfare
institution or organisation recognised in this behalf by the Central or State Government.

19
 Conclusion
The separate act for eliminating dowry is very important and by enforcing Dowry
Prohibition Act it is very good step by the state but the penal provision is not as effective
as it said that that the Court may, for adequate and special reasons to be recorded in the
judgment, impose a sentence of imprisonment for a term of less than five years and it gives
wide discretion to the law of court which affect the deterrent theory of punishment , also
the the implementation of law is not as effective as it should be and therefore it is very
important need to amend the law, also it is the duty of the state to launch campaigns to
eliminate dowry otherwise the longest standing evil will remain the longest standing evil in
the society.

20
BIBLIOGRAPHY
1. https://indiankanoon.org/

2. https://wikipedia.com

3. https://www.lawteacher.net

21