OBJECTIVE:
The object of this Act is to prohibit the evil practice of giving and taking dowry. It was felt that an Act which makes the practice of dowry punishable and at the same time ensures that the dowry given enures for the benefit of the wife would go a long way in eradicating the evil and educating public opinion. The Act prohibits the giving and taking of dowry, irrelevant of whether it is given on behalf of the bride or bridegroom.
DOWRY:
Dowry is defined in the Act as any property or valuable security given or agreed to be given by one party to the marriage to the other party to the marriage, at/before or at any time after the marriage, in connection with the marriage. This may be given directly or indirectly and also could be given either by the parents of either party or any other person to either party or to any other person, but has to be given in connection with the marriage.
PENALTY:
Any person who gives/takes or abets the giving or taking of dowry shall be punishable under the Act with imprisonment of not less than five years and fine which shall not be less than fifteen thousand rupees or the value of the dowry, whichever is more. The Court may, for special reasons which are to be recorded in the judgment, impose a term of imprisonment of less than five years.
GIFTS:
Gifts/presents given at the time of marriage to the bride/bridegroom are not considered to be dowry provided:
a) They are given without any demand having been made;
b) Lists of such gifts are maintained, i.e., list of gifts/presents, their approximate value, the name of the givers, etc., should be maintained and should contain the signatures of both the parties to the marriage, or thumb impression if the party to the marriage is illiterate along with the signature of the person who has read out the list to the illiterate party.
c) Where such gifts are made on behalf of the bride or by any person related to the bride, such presents should be of a customary nature and the value of such gifts should not be excessive having regard to the financial status of the giver or the person on whose behalf they are given.
DEMAND OF DOWRY:
Where a person is guilty of demanding dowry from the parents/relatives/guardian of the bride/bridegroom, such person shall be punishable with imprisonment of not less than six months and which may extend to two years and fine which may extend to Rupees ten thousand. An agreement to give dowry is not essential to make such practice punishable. The mere demand of dowry is sufficient to make such person punishable under this Act. Further, any agreement for giving or taking dowry is void under the Act.
BAN ON ADVERTISEMENTS:
If any person offers any share in property or any money or both as share in business or other interest as consideration for the marriage of his son/daughter, through any advertisement, in any newspaper/periodical, journal or other media or prints/publishes/circulates any such advertisements, such person shall be punishable for a term not less than six months but not exceeding five years or with a fine not exceeding Rupees fifteen thousand.
DOWRY TO ENSURE FOR THE BENEFIT OF WIFE OR HER HEIRS:
Where dowry has already been given before/at the time of marriage or after the marriage, such person who has received such dowry has to transfer it to the women within three months from the date of marriage (if it was received before the marriage) or within three months from the date of its receipt (if it was received at the time or at any time after the marriage). In case the woman is a minor, such person shall hold it in trust for the benefit of the woman and transfer it to the woman within one year after she has attained majority. Where such person fails to transfer the property as required within the time limit as specified, he/she shall be punishable with imprisonment for a term of not less than six months, which may extend to two years or with a fine not less than Rupees five thousand, which may extend to Rupees ten thousand.
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