The Important Sections Of The Dowry Prohibition Act

Penalty for giving or taking dowry–  5[ (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  6[ with imprisonment for a term which shall not be less than  7[ five years, and with 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 judgement, impose a sentence of imprisonment for a term of less than  8[ five years].
1[(2) Nothing in sub-section (1) shall apply to, or in relation to, –

  1. presents which are given at the time of a marriage to the bride (without any demand having been made in that behalf).
    Provided that such presents are entered in a list maintained in accordance with the rules made under this Act;
  2. presents which are given at the time of a marriage to the bridegroom (without any demand having been made in the behalf).
    Provided that such presents are entered in a list maintained in accordance with the 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].

8A. Burden of proof in certain cases – Where any person is prosecuted for taking or abetting the taking of any dowry under section 3, or the demanding of dowry under section 4, the burden of proving that he had not committed an offence under those sections shall be on him

The Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985

G.S.R.664(E)-In exercise of the powers conferred by section 9 of the Dowry Prohibition Act, 1961 (28 of 1961), the Central Government hereby make the following rules, namely:-

  1. Short title and commencement-(1) These rules may be called the Dowry Prohibition (Maintenance of lists of Presents to the Bride and Bridegroom) Rules, 1985.
    (2) They shall come into force on the 2nd day of October, 1985 being the date appointed for the coming into force of the Dowry Prohibition (Amendment) Act, 1984 (63 of 1984).
  2. 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 presents which are given at the time of the marriage to the bridegroom shall be maintained by the bridegroom.
    (3) Every list of presents referred to in sub-rule (1) or sub-rule (2)-
  1. shall be prepared at the time of the marriage or as soon as possible after the marriage;
  2. shall be in writing;
  3. shall contain-
    1. a brief description of each present;
    2. the approximate value of the present;
    3. the name of the person who has given the present; and
    4. where the person giving the present is related to the bride or bridegroom, a description of such relationship;
  4. shall be signed by both the bride and the bridegroom.

Explanation I- 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 II- 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 present at the time of the marriage.

The full act is given below:

THE DOWRY PROHIBITION ACT, 1961

———————————————–

9 Responses to “The Important Sections Of The Dowry Prohibition Act”


  1. 1 rangarajan March 12, 2009 at 6:16 am

    You guys are really my brothers. These information are worth reading people like me to know who is hardworking, diciplined and how to avoid situation.

    Thanks a lot

    Like

  2. 2 Kumar S April 8, 2009 at 6:53 pm

    Our Family booked under Section 498A/406, we know all the allegation mentioned in FIR are wrong and not maintain-able, but as per law we have to prove the same that we are innocent,
    if we wish to file a case under Dowery prohibition Act 1985 (DP 3) what will the negative part on us , as complainent we are somewhere excepting we took dowery and ask procesution to use our compliant as defence or evidence,
    and our case still waiting for Charge framing can we file defamation case against them,
    as we filed a case against her still going for evidence
    in Cheating forgery or similar ,can we take any advantage of same

    Like

  3. 3 Jazzj June 16, 2009 at 7:10 am

    As Supreme court of INDIA have explained 498a,406,420 many times,y d lower courts r not following d orders,this fake judicary,indian police Only works for money and relations not for justice. Wat d hell both these systems are in india, 498a,406,420 must have a provision for the accused to get the LIE DETECTOR and NARCOTIC TEST for the victims party.this will tell how much the girls family is right.and also will show the real face of corrupt judges and police officers.hell is in here in india.and hell makers are our own ministers and law makers who Dnt know the consequences afterwards 498a

    Like

  4. 4 Nri June 16, 2009 at 8:09 am

    NRI brides are most suffers of 498a,406,420. All these laws are made for harrasing in laws of brides. Most of the cases are filed to maling social respect of brides family, or just to teach a lesson as in INDIA v says MAIN TUJE DIKHA DU GA K TUMNE MERE SATH PANGA LIANE KA NATIJA KYA HAI. Even he those fucking dads of girls have brain then they shud think over it dat on d other side they have spoiled their own daughters life and wat wud after wards wen she got divorce, where he shud mary her,so always try to settle the dispute and never ignite the dangerous thinkings of their daughters

    Like

  5. 5 sanjeev December 7, 2009 at 11:00 am

    the law making body has no eyes to see the truth and justice. they forms laws assuming that all is well in our system but they never consider the curruption and misuse of laws. 498 is in effect for more than25 years but no law or amendment is there to save the innocents; women especially. The government consider this law as women defending and empowering law but the fact is contradictory. a large no of innocent women had lost their grace due to this law.

    Like

  6. 6 sharad joshi January 30, 2012 at 9:39 am

    I want to ask the experts on behlaf of my friend that section 498 is applicable for Girl who leave her inlaws house before 2-3 year because they demanding dowry and waiting for her husband for patchup
    Now she want maintaince money is there is section which give her justice

    Like

  7. 7 MEKALA RADHIKA June 11, 2012 at 9:25 am

    MY NAME IS M. RADHIKA CASTE(SC-B).AGE 26.UNEMPLOYED.I GOT MARRIED ON DECEMBER 4TH 2011.MY HUSBAND( KUNDELLA KRISHNA) CAME FROM UK(LONDON).AND GOT MARRIED.FROM STARTING DAY OF MARRIAGE MY HUSBAND AND THERI FAMILY MEMBERS STARTED HARRISING ME ON DOWRY TO BRING EXTRA 800000.AND ALSO ABUSING ME ON MY CASTE .LAST 4MONTHS I HAVE SUFFERED A LOT WITH MY HUSBAND.NOW MY HUSBAND AND THEIR FAMILY MEMBERS TRYING TO MARRY ANOTHER GIRL WITH A DOWRY OF SUM 300000.MY HUSBAND WANT TO TAKE DIVORCE FROM ME..PLEASE GIVE SUGGESTIONS HOW TO PUT A CASE ON MY HUSBAND FAMILY MEMBERS.

    Like

  8. 8 buddhadev August 16, 2012 at 3:34 pm

    Views of local bodies (not police), nebrng both party should be get priority; an examplary punishment on misuse of 498/A should be imposed imdtly.

    Like

  9. 9 Shivinder pal sangrur February 19, 2013 at 5:24 pm

    As per DP3 giving or taking or abetting dowry is crime
    but dowry giver never punished as they are losser

    Like


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s




Visitors Since Mar/14/07

  • 2,922,803

Cluster Map

Live Traffic

Archives

Top Rated Posts

Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

Copyright Notice:

The content of this blog is copyrighted. You are required to obtain prior permission before locally hosting or reproducing online or in print, any or part of the content. You are welcome to directly link to the content from your site. Page copy protected against web site content infringement by Copyscape MyFreeCopyright.com Registered & Protected Creative Commons License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 Unported License.

Disclaimer:

The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

Get Adobe Acrobat Reader

You will need adobe acrobat to read most of the documents. Please download adobe acrobat reader. Get Adobe Acrobat For Your System
January 2009
M T W T F S S
« Dec   Feb »
 1234
567891011
12131415161718
19202122232425
262728293031  

%d bloggers like this: