Dowry Prohibition Law in India

Definition of “Dowry” (Sec 2)

In this act, `dowry’ 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 or any time after the marriage in connection with the marriage of said parties but does not include dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies.

The expression `valuable security’ has the same meaning as in Sec. 30 of the Indian Penal Code.

" Valuable security".-- 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.

Penalty for giving/taking dowry (Sec 3)

Any person who gives/takes or abets giving/taking of dowry shall be punished with imprisonment which shall not be less than 5 years and fine which shall not be less than Rs.15000 or the amount of value of such dowry, whichever is more.

The Court may for adequate and special reasons to be recorded in writing impose a sentence of imprisonment for a term which may be less than 5 years.

This section will not be applicable in case of presents given to the bride/bridegroom without demand. 

Such presents have to be entered in a list in accordance with the rules made under this Act.

Where the presents are made by or on behalf of the bride or anyone related to the bride, such presents should be of a customary nature and their value should not be excessive compared to the financial status of the person by whom or on whose behalf they are being given.

Penalty for demanding dowry (Sec 4)

A person who demands dowry from the parents/relatives/guardian of a bride or bridegroom shall be punishable for a term which shall not be less than 6 months but which may extend to 2 years and with fine which may extend to ten thousand rupees.

The Court may for adequate and special reasons to be recorded in writing impose a sentence of imprisonment for a term which may be less than 6 months.

Ban on Advertisement (Sec 4A)

Any person who:

Offers, through advertisement in any newspaper, periodical, journal or any other media any share in his property/money/share in any business/any other consideration for the marriage of his/her daughter/son/any other relative;

Prints/publishes/circulates any advertisement related to the above shall be punished with imprisonment for a term which shall not be less than 6 months but which may extend to 5 years or with fine which may extend to Rs. 15,000.

Agreement for giving/taking dowry void (Sec 5)

Any agreement for giving/taking dowry is void.

Dowry for the benefit of the wife or heirs (Sec 6)

Where dowry is received by any woman other than the bride, such person shall transfer it to the bride:

If received before marriage, within 3 months of date of marriage;

If received at the time of or after marriage, within 3 months of its receipt;

If received when woman was minor, within 3 months of her attaining majority and shall hold it in trust for her till then;

If any person fails to transfer within the time specified, he shall be liable for imprisonment for a term not less than 6 months but which may extend to 2 years or with fine which shall not be less than Rs.5000 but which may extend to Rs.10000 or with both.

If the bride dies, her heirs will be entitled to inherit the property, provided that:

If a woman dies within 7 years of marriage, otherwise than due to natural causes, such property shall –

o   If she has no children be transferred to her parents;

o   If she has children be transferred to such children and pending the transfer, be held in trust for such children.

Cognizance of offences (Sec 7)

Notwithstanding anything contained in the CRPC, no Court inferior to that of a Metropolitan magistrate or a Judicial Magistrate of the first class shall try any offence under this Act;

Offences to be non-bailable and non-compoundable (Sec 8)

Every offence under this Act is cognizable, non-bailable and non-compoundable.