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, –
- 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;
- 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:-
- 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).
- 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)-
- 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.
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: