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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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