ANDHRA PRADESH DOWRY PROHIBITION ACT, 1958

Preamble - ANDHRA PRADESH DOWRY PROHIBITION ACT, 1958

THE ANDHRA PRADESH DOWRY PROHIBITION ACT, 1958

[Act No. 01 of 1958]

[21st February, 1958]

PREAMBLE

An Act to Prohibit Dowry in the State of Andhra Pradesh

WHEREAS it is expedient to provide for the prohibition of dowry as consideration for marriage and for other matters relating thereto.

BE it enacted in the Eight Year of the Republic of India as follows:--

 

Section 1 - Short title, extent and commencement

(1)     This Act may be called the Andhra Pradesh Dowry Prohibition Act, 1958.

 

(2)     It extends to the whole of the State.

 

(3)     It shall come into force at once.

 

Section 2 - Application of Act

This Act applies--

(a)      to all persons including those domiciled in the State, whether the marriage is performed within or without the State;

 

(b)      to parties to the marriage, if either of them is domiciled in the State;

 

(c)      to all marriages performed in the State even if neither of the parties to such marriages is domiciled in the State.

Explanation.--For the purposes of this Act, the domicile of a person shall he determined in accordance with the provisions contained in section 6 to 18 (both inclusive) of the Indian Succession Act, 1925 (Central Act XXXIX of 1925).

 

Section 3 - Definitions

In this Act, unless the context otherwise requires,--

(a)      "dowry" means any property or valuable security given or agreed to be given to one party to a marriage or to any oilier person on behalf of such party by the other party to a marriage or by any other person on behalf of such other party either at such marriage or before or after such marriage as consideration for any betrothal or marriage between the said parties, but does not include Dower or Mahar in the case of persons to whom the Muslim Law applies.

Explanation.--The expression 'valuable security' shall have the meaning assigned to it in section 30 of the Indian Penal Code (Central Act XLV of 1860);

(b)      "State" means the State of Andhra Pradesh.

 

Section 4 - Giving or taking of Dowry to be unlawful.--

(1)     Notwithstanding any law, custom or usage to the contrary, the giving or taking of dowry shall be unlawful.

 

(2)     Any agreement for the giving or taking of dowry or any transaction in that regard shall be void.

 

Section 5 - Offences to be non-cognizable, bailable and non-compoundable.--

The offences under this Act shall be non-cognizable, bailable and non-compoundable.

Section 6 - Cognizance of offences.--

No court inferior to that of a Magistrate of the First Class shall try any offence punishable under this Act, except on a complaint made within one year from the date of the offence.

 

Section 7 - Penalty for giving or taking or abetting the giving or taking of dowry.--

Whoever gives or takes dowry or abets the giving or taking of dowry shall be punishable with imprisonment not exceeding six months or with fine not exceeding one thousand rupees or with both.

 

Section 8 - Power to make rules.--

(1)     The State Government may, by notification in the Andhra Pradesh Gazette, make rules for carrying out all or any of the purposes of this Act.

 

(2)     All rules made under this section shall be laid on the Table of the Legislative Assembly as soon as possible after they are made, and shall he subject to such modifications whether by way of repeal or amendment as that Assembly may make within fourteen days thereafter during the session in which they are so laid.