[1] [(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 [2]
[with imprisonment for a term which shall not be less than [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 adequate and special reasons to be recorded in the judgment, impose a
sentence of imprisonment for a term of less than [4]
[five years].] [5] [(2)
Nothing in 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): Provided that such presents
arc entered in a list maintained in accordance with the rules made under this
Act; (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 (he bride or any person related to
the bride, such presents arc 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 arc given.] STATE AMENDMENTS BIHAR [6] [In its
application to the State of Bihar, for Section 3, substitute the following
section, namely: "3. Penalty for giving
or taking dowry.-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 which may extend to six months and with fine which may extend to
five thousand rupees."] [7] [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 for the marriage of his son or
daughter or any other relative; (b) prints or
publishes 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.] [STATE AMENDMENTS BIHAR [8] [In
Section 4 In its application to the
State of Bihar, for Section 4, substitute the following section, namely: 4. Penalty for demanding
dowry.- If any person, after the commencement of this Act, demands directly or
indirectly from the parents or guardian of a bride or bridegroom, as the case
may be, any dowry, he shall be punishable with imprisonment which may extend to
six months and with fine which may extend to five thousand rupees: Provided that no Court
shall take cognizance of any offence under this section except with the
previous sanction of the State Government or of such officer as the State
Government, may, by general or special order, specify in this behalf. [9] [8B.
Dowry Prohibition Officers (1) The State
Government may appointed 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 evidence 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 rules 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) from the area in respect of
which such Dowry Prohibition Officer exercises jurisdiction under sub-section
(1).] [STATE AMENDMENTS Bihar [10] [In
Section 8 In its application to the
State of Bihar, for Section 8, substitute the following section, namely: 8. Offences to be
cognizable, non-bailable and non-compoundable .Every offence under this Act
shall be cognizable, non-bailable and non-compoundable.] [1] Section 3 re-numbered as
sub-section (1) thereof by Act 63 of 1984, Section 3 (w.e.f. 2-10-1985). [2] Substituted
by Act 63 of 1984, Section 3, for certain words (w.e.f. 2-10-1985). [3] Substituted
by Act 43 of 1986, Section 3, for certain words (w.e.f. 19-11-1986). [4] Substituted
by Act 43 of 1986, Section 3, for "six months" (w.e.f.
19-11-1986). [5] Inserted by Act
63 of 1984, Section 3 (w.e.f. 2-10-1985). [6] Substituted
by Bihar Act 4 of 1976, Section 2 (w.e.f. 20-1-1976). [7] Inserted by Act 43 of
1986, section 4 (w.e.f. 19-11-1986). [8] Substituted
by Bihar Act 4 of 1976, Section 3 (w.e.f. 20-1-1976). [9] Inserted
by Act
43 of 1986, Section 8 (w.e.f. 19-11-1986). [10] Substituted by Bihar
Act 4 of 1976, Section 5 (w.e.f. 20-1-1976).DOWRY
PROHIBITION ACT, 1961 (BIHAR AMENDMENT)