The Dowry Prohibition Act-1961- An Overview

The evil of dowry system was assuming enormous proportions and the minds of right thinking persons both outside and inside the State Legislatures and the Parliament were shattered. The matter was raised in the Parliament in very first session of the Lok Sabha. Many proposals for restraining dowry were placed in the Parliament in the form of Private Members Bills. During the course of discussions on a non-official Bill in the Lok Sabha in 1953, the then Minister of Law gave an assurance to the House that a bill on the subject would be prepared in consultation with the State Governments.

In pursuance of the assurance, a Bill was subsequently submitted for consideration of the Cabinet. The Cabinet then decided that the proposal might be held in abeyance till the enactment of the Hindu Succession Act. After the enactment of the Hindu Succession Act in 1956, the Government felt that a separate legislation to prohibit dowry was not a matter of urgency. As the problem continued to increase the issue was against and again agitated in the Parliament as well as in State Legislatures. On account of pressure both at political and social levels, the Government finally decided to process the legislation. On 24th April, 1959 the dowry Prohibition Bill, 1959 was introduced in the Lok Sabha. After some discussion, the Bill was referred to a Joint Committee of both the Houses of Parliament. The Joint Committee presented its report with some amendments in the Bill. Both the Houses of Parliament did not agree with the amendments as reported by the Joint Committee and ultimately the Bill was considered at the Joint Sittings of both the Houses of Parliament held on 6th and 9th May,1961.

ACT 28 OF 1961 The Dowry Prohibition Bill was passed in the Joint Sittings of both the Houses of Parliament and it became an Act - The Dowry Prohibition Act, 1961 (28 of 1961) and it received the assent of the President on 20th May, 1961.

1. Short tile, extent and commencement -
(1) This Act may be called the Dowry Prohibition Act, 1961.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

(3) It shall come into force on such date (Note: It came into force on 1st July, 1961) as the Central Government may, by notification in the Official Gazette, appoint.

2. Definition of ‘dowry’.-
In this Act, "dowry" means any property or valuable security given or agreed to be given either directly or indirectly.

(a) By one party to a marriage to the other party to the marriage, or

(b) By the parent 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 [(Note: Subs. by Act 43 of 1986, sec.2) or any time after the marriage] [(Note: Subs. by Act 63 of 1984, sec.2) in connection with the marriage of the said parties, but does not include] dower or mahr in the case or persons to whom the Muslim Personal Law (Shariat) applied.

(Note: Explanation I omitted by act 63 of 1984, sec.2).

Explanation II- The expression "valuable security" has the same meaning as in section 30 of the Indian Penal Code (45 of 1860).

3. Penalty for giving or taking dowry.-
[(Note: Section 3 re-numbered as sub-section (1) thereof by Act No.63 of 1984, sec.3) (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 [(Note: Subs. by Act 43 of 1986, Sec.3) 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 a adequate and special reasons to be recorded in he judgment, impose a sentence of imprisonment of a term of less than [(Note: Subs. by Act 43 of 1986, Sec.3) five years.]

(2) [(Note: Ins. by Act 63 of 1984, sec.3) Nothing is sub section (1) shall apply to, or in relation to, -

(a) Presents which are given at the time of a marriage to the bride (without any demand having been made in that behalf).

(b) Presents which are given at the time of a 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 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.

4.  Penalty for demanding dowry.-
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 a adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months.]

4A. Ban on advertisement .- If any person -

(a) 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 fore the marriage of his son or daughter or any other relatives.

(b) Prints or published or circulates any advertisement referred to in clause (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.

5. Agreement for giving or taking dowry to be void - Any agreement for the giving or taking of dowry shall be void.

6. Dowry to be for the benefit of the wife or her 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-

(a) If the dowry was received before marriage, within [(Note: Subs. by Act 63 of 1984, sec.5 for "one year") three months] after the date of marriage, or

(b) If the dowry was received at the time of or after marriage, within [(Note: Subs. by Act 63 of 1984, sec.5 for "one year") three months] after the date of its receipt, or

(c) If the dowry was received when the woman was a minor, within [(Note: Subs. by Act 63 of 1984, sec.5 for "one year") 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) [(Note: Subs. by Act 63 of 1984, sec.5) If any person fails to transfer any property as required by sub section (1) within the time limit specified therefore, [(Note: Ins. by Act 43 of 1986, sec.5) 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 extended to two years or with fine [(Note: Subs. by Act 43 of 1986, sec.5) 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.

[(Note: Ins. by Act 43 of 1986, sec.5) Provided that where such woman dies within seven years of her marriage, otherwise than due to natural causes, such property shall,-

(a) If she has no children, be transferred to her parents, or

(b) If she has children, be transferred to such children and pending such transfer, be held intrust for such children.

(3A) [(Note: Subs. by Act 63 of 1984, sec.5) Where a person convicted under sub section (2) for failure to transfer any property as required by sub section (1) [(Note: Ins. by Act 43 of 1986, sec.5) or such section (3)] has not, before his conviction under that sub section, transferred such property to the woman entitled thereto or, as the case may be [(Note: Subs. by Act 63 of 1984, sec.5 for "one year") 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, [(Note: Subs. by Act 63 of 1984, sec.5 for "one year") 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 or, as the case may be, [(Note: Subs. by Act 63 of 1984, sec.5 for "one year") her heirs, parents or children.]

(4) Nothing contained in this section shall effect the provisions of section 3 or section 4.

7. Cognizance of offences –

(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),-

(a) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence under this Act.

(b) No court shall take cognizance of an offence under this Act except upon-

(i) Its own knowledge or a police report of the facts which constitute such offence, or

(ii) A complaint by the person aggrieved by the offence or a parent or other relative of such person, or by nay recognized welfare institution or organisation.

(c) It shall be lawful for a Metropolitan Magistrate or a Judicial Magistrate of the first class to pass any sentence authorised by this Act on any person convicted of an offence under this Act.

Explanation - For the purpose of this sub section, "recognized welfare institution or organisation" means a social welfare institution or organisation recognized in this behalf by the Central or State Government.

(2) Nothing in Chapter XXXVI of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply to any offence punishable under this Act.

(3) [(Note: Ins. by Act 43 of 1986, sec.6) 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.]

8A. Burden of proof in certain cases -

(1) Where any person is prosecuted for taking or betting the taking of any dowry under Section 3, or the demanding of dowry under section 4, the burden of providing that he had not committed an offence under these section shall be on him.

8B. 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:-

(a) To see that the provisions of this Act are complied with,

(b) To prevent, as far as possible, the taking or abetting the taking of, or the demanding of, dowry,

(c) To collect such evidences as may be necessary for the prosecution of persons committing offences under the Act, and

(d) To perform such additional functions as may be assigned to him by the State Government, or as may be specified in the rule 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 on 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 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) form the area in respect of which such Dowry Prohibition Officer exercise jurisdiction under sub section (1).

9. Power to make rules -

(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purpose of this Act.

(2) [(Note: Ins. by Act 63 of 1984, sec.8) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for -

(a) The form and manner in which, and the person by whom, any list of presents referred to in such section (2) of section 3 shall be maintained and all other matters connected therewith, and

(b) The better co-ordination of policy and action with respect to the administration of this Act.

[(Note: Sub-section (2) renumbered as sub-section 3 thereof by Act 63 of 1984, sec.8) (3)]

Every rule made under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 10.

Power of State Government to make rules -

(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :-

(a) The additional functions to be performed by the Dowry Prohibition Officers under sub section (2) of Section 8B.

(b) Limitations and conditions subject to which a Dowry Prohibition Officer may exercise his functions under sub section (3) of section 8B.

(3) Every rule made by the State Government under this section shall be laid as soon as may be after it is made before the State Legislature.