“Dowry” is a word that is very prevalent and common in Indian households.

It is a practice that
has become a parasite for the Indian society and which has eroded the beautiful institution of
marriage.

Sixty years ago, in order to eradicate the evil custom of Dowry from society and to eliminate
violence against married women for want of dowry and Dowry deaths, "The Dowry Prohibition
Act" was passed. This Act received the assent of the President of India on 20th May, 1961 and
the Act came into force on 1st July 1961.

This date is important because giving or accepting of Dowry is prohibited after the
commencement of this act. The act would be inapplicable if the Dowry has been given or
accepted prior to 1st July 1961, even though the marriage takes place after 1st July 1961. In view
of the above fact, on 1st July, 2021 this act completes 60 years.

The objectives of the Dowry Prohibition Act include:

1. Prohibiting the giving or receiving of dowry: The primary aim is to abolish the practice of
giving or receiving dowry in connection with marriages.

2. Preventing the harassment of women: By prohibiting dowry, the Act aims to prevent the
harassment, exploitation, and abuse of women, which often result from dowry demands.

3. Promoting gender equality: The Act seeks to promote gender equality by eliminating the
unequal treatment of women in marriage arrangements and reducing the financial burden on the
bride's family.

4. Ensuring social justice: It aims to ensure social justice by protecting the rights and dignity of
women and preventing them from being treated as commodities in marriage transactions.

5. Legal deterrence: By making the practice of dowry illegal and punishable, the Act aims to
serve as a deterrent against dowry-related offenses and to enforce accountability for those who
violate the law.

Features:

(Definition) According to the section 2 of the dowry prohibition act 1961 "Dowry" refers to
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 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.

Section 3 (Penalty for Giving or Taking Dowry): imprisonment for a term not less than five
years and a fine not less than fifteen thousand rupees or the amount of the value of the dowry,
whichever is more. The court may, for adequate and special reasons recorded in the judgment,
impose a lesser sentence of imprisonment than five years.

Exceptions to sec 3:

 Presents given to the bride or bridegroom at the time of marriage without any demand
having been made. These presents must be listed according to the rules under the Act.
 Presents given by or on behalf of the bride or any person related to the bride must be of a
customary nature, and the value should not be excessive considering the financial status
of the giver.

Section 4: (Penalty for Demanding Dowry): with imprisonment for a term not less than six
months but which may extend to two years, and with a fine that may extend to ten thousand
rupees.

 The court may, for adequate and special reasons mentioned in the judgment, impose a
lesser sentence of imprisonment than six months.

Section 5 (Agreement for giving or taking dowry to be void)

In Ramebal v. Harihar Singh, on non-materialisation of the marriage the father of the girl filed a
suit for refund of the dowry. The Patna High Court held that the giving of dowry was prohibited
by the Dowry Prohibition Act, 1961 and both the parties were in 'pari delicto', i.e., equally guilty
in entering into an illegal contract.

Section 8 (Nature of offence): Every offence under this Act, other than matters referred to in
section 42 of the CrPC and for the arrest of a person without a warrant or order of a magistrate, is
treated as cognizable non-bailable and non-compoundable offence as per the Code of Criminal
Procedure, 1973 (CrPC).

Section 8A (Burden of proof): In this act the burden of proof of innocence lies on the accused.

Sec 8B (Dowry officer): 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.