Dowry prohibition Act

DPACT, 1967

1. DOWRY PROHIBITION ACT,
1967
Dr. Madhuri Irene
Associate Professor
ICFAI LAW SCHOOL
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2. Introduction
•Dowry (dahej) is one of the most ancient practices of India.
•Practiseof Dowry system is as old as man is.
•The dowry system is a social evil.
•It is prevalent in all parts of India and almost in all the countries of the world.
•In India many of the traditional customs have been given up, but the custom of dowry has It
is the cash, precious jewelleryand other important thing given to the daughter in her
marriage.
•This evil is found in almost every community . Now dowry is demanded by the groom‟s
parents and marriage takes place only if a certain amount of dowry is paid by the bride‟s
parents. Today dowry is given as compensation to the groom‟sIndia is suffering from many
social evils and superstitions. Dowry System is one of them.

3. •Parents ask for the amount they have spent in educating and upbringing their son. It is also considered a
status symbol, especially in the high class, and generally the items of dowry are flaunted and hyped by
both parties.
•Many young women commit suicide because of this system. Their parents can not collect the required
fund.
•To fulfill the demands of the girl‟sin laws they borrow money or even sometimes they put their property
on mortgage. It has become truly difficult to find the suitable match for the girl without giving the
demanded dowry.
•Nowadays, marriage has become a kind of business and misuse of girls parents. The parents those
boys are highly educated and getting handsome package demand enormous dowry for marriage of their
son. The demand of dowry is according to the qualification of the boy. Even today when there are broad
minded people still the system of dowry has not being abolished.
•Marriages are longer the combination of hearts; it is just the kind of business transaction. Even the rich
parents of the boy do no feel shame in begging dowry.
•The system of dowry in India is a very serious atter and a black spot on the Indian society. Except India
the dowry system is not found in any other country. From this it could be easily observed that the women
are not treated equally and fairly as men.
•After marriage also they are treated badly and harassed by her in laws for dowry. And still there is no
end of it. Dowry system is against the law of equality between man and woman. Today dowry is
considered as the crime, both giving and taking. Thousands of cases has being observed every year but
only few of them put to court for not only

4. History of Dowry
•We can date the history of Dowry as far back as 1700 BC when
the Code of Hammurabi was written.
•This code stated that in the death of her husband or through
divorce, the wife would receive back the Dowry that she paid to
him.
•The initial role of dowry was to financially provide for the bride
because she was moving into a joint family with the groom.
•Women were not allowed to work and earn a living outside of the
home, so dowry was suppose to serve as her income and her
contribution to the home.

5. History In India
•In India dowry (known as Dahejiin Hindhi) is the payment in cash or some kind of gifts given
to bridegrooms family along with the bride.
•Generally they include cash, jewelleryelectrical appliances, furniture, bedding, crockery,
utensils and other household items that help the newly-wed set up her home.
•In The Vedic Period the ancient marriage rites in the Vedic period are associated with ‘Kanya
daan’. It is laid down in Dharam shastarathat the meritorious act of Kanyadanis not
complete till the bridegroom was given a dakshina.
•So when a bride is given over to the bridegroom, he has to be given something in cash or
kind which constitute varadakshina.
•it has taken deep roots not only in the marriage ceremony but also post-marital relationship.
What was originally intended to be a taken dakshinafor the bridegroom has now gone out of
proportions and has assumed the nomenclature dowry.

6. Meaning and Definition
The basic definition of dowry have remained unclear.
As discussed by Menski(1998), there are definitely several concepts of dowry which interlink with
each other.
Some writers have defined dowry as wealth given to a daughter at her marriage for contributing to the
practical life of the newly married couple.
hey are transfers given from parents to the daughter to take with her into marriage. Technically, the
property belongs to the wife and ought to stay within her control, though the husband usually has
rights of management.
Corresponding to the spirit of the dowry institution, dowry given to a wife ought to form part of the
conjugal estate, to be enjoyed by husband and wife and to be transmitted in time to their
children(Tambiah, 1973).
Another definition to dowry is the property a woman brings to the marriage partnershipIn this meaning,
dowry can be the dowry a bride receives from her parents, property she previously inherited and brings to the
marriage, or property she owns as a widow and brings when she remarries (Nazzari, 1991; Birge, 2002).Dowry
has also been referred to as a gift or transfer by a brides family to the groom or his family at the time of
marriage. Dowry as bequest have given way to groom price, a direct transfer to the groom, in numerous
historical instances
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7. •In India the dowry system has been putting great financial burden on the
daughters family. It has been one of the reasons for families and women in
India resorting to sex selection favoring to have a son.
•This has distorted the sex ratio of the India(933 females per thousand males
)and have given rise to female foeticide.
•The payment of a dowry has been prohibited under The 1961 Dowry
Prohibition Act in Indian civil law and subsequently by Sections 304B and 498A
of the Indian Penal Code (IPC).
•Dowry originated in the upper caste families as an insurance to the bride to
take care of herself and her children during crisis.
•The rich and rajas (kings) used to gift land as dowry. Mumbai was presented
as part of the dowry when Princess Catherine de Braganza of Portugal was
married to King Charles II in 1661.
•The dowry has been considered as Stridhanwhere strimeans women and
dhanmeans wealth.
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8. THE DOWRY PROHIBITION ACT, 1961,
•Passed on:20th May, 1961)
•With an objective: to prohibit the giving or taking of dowry
•Consists of 10 sections
•THE DOWRY PROHIBITION (MAINTENANCE OF LISTS OF PRESENTS
TO THE BRIDE AND BRIDEGROOM) RULES, 1985:19th August, 1985
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9. Sec. 2: Definition of `dowry’
•`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 to the marriage; or
•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 mahrin the case of persons to
whom the Muslim Personal Law (Shariat) applies.
•Explanation II.-The expression `valuable security’ has the same meaning as in
Sec. 30 of the Indian Penal Code (45 of 1860).
•“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 where by any person acknowledges that he lies under legal
liability, or has not a certain legal right.

10. Sec.3: Penalty for giving or taking dowry-
•1) If any person, after the commencement of this Act, gives or takes or abets the giving or taking
of dowry, he shall be punishable with imprisonment for a term which shall not be less than five
years, and with the 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.
•(2)Nothing in sub-section (1) shall apply to or, in relation to,-
•presents which are given at the time of a marriage to the bride (without nay demand having
been made in that behalf): Provided that such presents are entered in list maintained in
accordance with rule made under this Act;
•presents which are given at the time of marriage to the bridegroom (without any demand having
been made in that behalf): Provided that such presents are entered in a list maintained in
accordance with rules made under this Act;
•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.

11. Sec.4:Penalty for demanding dowry.-
•(1)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.
•4-A. Ban on advertisement. If any person-
•offers, through any advertisement in any newspaper, periodical, journal or through any other
media any 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,
•prints or publishes or circulates any advertisement referred to Cl. (a), he shall be punishable
with imprisonment for a term which shall not be less than six months, but which may extend to
five years , or with fine which may extend to fifteen thousand rupees:
•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 six months

12. •Sec.5: Agreement for giving or taking dowry to be void: Any agreement for the giving or taking of
dowry shall be void.
•Sec.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 it is given,
that person shall transfer it to the woman –if the dowry was received before marriage, within three months after the
date of marriage; or if the dowry was received at the time of or after the marriage within three months after the date of
its receipt; or if the dowry was received when the woman was a minor, within 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.
•(2) If any person fails to transfer any property as required by sub-section (1) within the time limit specified therefor or
as required by sub-section(3), he shall be punishable with imprisonment for a term which shall not be less than six
months, but which may extend 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.
•(3)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: if she has no children, be transferred to her
parents, or if she has children, be transferred to such children and pending such transfer, be held in trust for such
children.
•(3-A) Where a person convicted under sub-section (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 thereto or, as the case may be, her heirs, 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, her heirs, parents or children within such period as may be specified in the order, and
if such person fails to comply with the direction within the period so specified, an amount equal to the value of the
property may be recovered from him as if it were a fine imposed by such Court and paid to such woman, as the case
may be, her heirs, parents or children.
•(4)Nothing contained in this section shall affect provisions of Sec. 3 or Sec. 4.

13. Sec 7: Cognisance of offences.-
•1) Notwithstanding 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
shall try any offence under this Act; no Court shall take cognizance of an offence under this
Act except upon –
•its own knowledge or a police report of the facts which constitute such offence, or
•a complaint by the person aggrieved by offence or a parent or other relative of such person,
or by any recognized welfare institution or organization:
•Explanation.-For the purposes of this sub-section, "recognized welfare institution or
organization" means a social welfare institution or organization recognized in this behalf by
the Central or State Government.
•(2) Nothing in Chapter XXXVI of the Code of Criminal Procedure, 1973 (2of 1974), shall
apply to any offence punishable under this Act.)
•Notwithstanding anything contained in any law for the time being in force, a statement made
by the person aggrieved by the offence shall not subject such person to a prosecution under
this Act.

14. Offences to be cognizable for certain purposes and to be
bailable and non-compoundable.
•1) The Code of Criminal Procedure, 1973 (2 of 1974) shall apply
to offences under this Act as of they were cognizable offences-
•for the purpose of investigation of such offences; and
•for the purpose of matters other than-
•matters referred to in Sec. 42 of that Code, and
•the arrest of person without a warrant or without an order of a
Magistrate.
•(2) Every offence under this Act shall be non-bailable and non-
compoundable.
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15. •8-A. Burden of proof in certain cases: Where any person is prosecuted for taking or abetting
the taking of any dowry under Sec. 3, or the demanding of dowry under Sec.4, the burden of
proving that he had not committed an offence under those sections shall be on him.
•8-B. Dowry Prohibition Officers:
•(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, -
•to see that the provisions of this Act are complied with;
•to prevent, as far as possible, the taking or abetting the taking of, of the demanding of, dowry;
•to collect such evidence as may be necessary for the prosecution of persons committing offences under the
Act; and 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 State Government may, by notification in the official Gazette, confer such powers of a police officer
as may be specified in the notification, 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 the 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)

16. Power to make rules
•Sec.9: Power to make rules: Central Govt power to make
rules
•Sec.10: Power of the State Government to make rules.-
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17. Enforcement
•Central Government and State Governments to make Rules for
the effective implementation of the Act (Sections 9 and 10 of the
Act)
–Exercising the power so conferred, the Central Government made:
•The Dowry Prohibition (Maintenance of lists of Presents to the bride and bridegroom)
Rules, 1985
•Incorporated Rule 11 A in the All India Services (Conduct) Rules, 1968 prohibiting the
giving, taking or demanding of Dowry by a Member of the Services
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18. THE DOWRY PROHIBITION (MAINTENANCE OF LISTS OF
PRESENTS TO THE BRIDE AND BRIDEGROOM) RULES, 1985
•Rules in accordance with which lists of presents are to be maintained.-
•(1) The list of presents which are given at the time of the marriage to the bride shall be
maintained by the bride.
•(2) The list of present which are given at the time of the marriage to the bridegroom shall be
maintained by the bridegroom.
•Every list of presents referred to in sub-rule (1) or sub-rule (2),-
•shall be prepared at the time of the marriage or as soon as possible after the marriage:
•shall be in writing;
•shall contain,-
•a brief description of each present;
•the approximate value of the present;
•the name of the person who has given the present; and
•where the person giving the present is related to the bride or bridegroom, a description of
such relationship; shall be signed by both the bride and the bridegroom.
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19. •Explanation. 1.-Where the bride is unable to sign, she may affix her thumb
impression in lieu of her signature after having the list read out to her and
obtaining the signature on the list, of the person who has so read out the
particulars contained in the list.
•Explanation 2.-Where the bridegroom is unable to sign he may affix his
thumb-impression in lieu of his signature after having the list read out to him
and obtaining the signature on the list of the person who has so read out the
particulars contained in the list.
•(4) The bride or the bridegroom may, if she or he so desires, obtain on either
or both of the lists referred to in sub-rule (1) or sub-rule (2) the signature or
signatures of any relations of the bride or the bridegroom or of any other
person or persons present at the time of the marriage.
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20. Offences relating to dowry under the Indian
Penal Code
•Cruelty by husband or relatives of the husband
(Section 498 A)
•Dowry Death (Section 304 B)
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21. Section 498-A
•498A. Husband or relative of husband of a woman subjecting her to
cruelty.—Whoever, being the husband or the relative of the husband of a
woman, subjects such woman to cruelty shall be punished with imprisonment
for a term which may extend to three years and shall also be liable to fine.
•Explanation.—For the purposes of this section, “cruelty” means—
•(a) any wilfulconduct which is of such a nature as is likely to drive the woman
to commit suicide or to cause grave injury or danger to life, limb or health
(whether mental or physical) of the woman; or
•(b) harassment of the woman where such harassment is with a view to
coercing her or any person related to her to meet any unlawful demand for
any property or valuable security or is on account of failure by her or any
person related to her to meet such demand.]

22. SECTION 304-B
•304B. Dowry death.—(1) Where the death of a woman is caused by any burns
or bodily injury or occurs otherwise than under normal circumstances within
seven years of her marriage and it is shown that soon before her death she was
subjected to cruelty or harassment by her husband or any relative of her
husband for, or in connection with, any demand for dowry, such death shall be
called “dowry death”, and such husband or relative shall be deemed to have
caused her death.
•Explanation.—For the purposes of this sub-section, “dowry” shall have the same
meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961).
•(2) Whoever commits dowry death shall be punished with imprisonment for a
term which shall not be less than seven years but which may extend to
imprisonment for life.]

23. Rules of Evidence
•Burden of proving that he had not taken, demanded or
abetted the taking or demanding of Dowry rests on the
accused (Section 8 A of Dowry Prohibition Act)
•Presumption as to the abetment of suicide by a married
woman (Section 113 A of Indian Evidence Act)
•Presumption as to Dowry Death (Section 113 B of the
Indian Evidence Act)
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