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[1]
[or any time after the marriage][2]
[in connection with the marriage of the said parties, but does not include]
dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat)
applies. [3] [***] Explanation II.--The expression "valuable
security" has the same meaning as in section 30 of the Indian
Penal Code (45 of 1860). [STATE AMENDMENTS [Goa In Section 2 [4] [(a) for the words "as consideration for the marriage of the said
parties, but does not include", the words "in connection with the
marriage of the said parties, but does not include" shall be substituted;] [5] [(b) Explanation I shall be omitted.]]] [6] [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 adequate and special
reasons to be mentioned in the judgment, impose a sentence of imprisonment for
a term of less than six months.] [STATE AMENDMENTS [Goa [7] [In Section 4 The following section shall be substituted, namely:-- "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 adequate and special
reasons to be mentioned in the judgement impose a sentence of imprisonment for
a term of less than six months.".] (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 [8]
[three months] after the date of marriage; or (b)
if the dowry was received at the time of
or after the marriage, within [9]
[three months] after the date of its receipt; or (c)
if the dowry was received when the woman
was a minor, within [10] [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. [11] [(2) If any person fails to transfer any property as required by
sub-section (1) within the time limit specified therefor, [12] [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 extend to two years
or with fine [13] [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: [14] [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 in trust for
such children.] [15] [(3A) Where a person convicted under sub-section (2) for failure to
transfer any property as required by sub-section (1) [16] [or
sub-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, [17] [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, [18] [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, 3[her heirs, parents or children.] (4) Nothing
contained in this section shall affect the provisions of section 3 or section
4. [STATE AMENDMENTS [Goa [19] [In Section 6 (a)
in sub-section (1),
for the words "one year" wherever they occur, the words "three
months" shall be substituted; (b)
for sub-section (2),
the following subsection shall be substituted, namely: -- " (2) If any person fails to transfer any
property as required by sub-section (1) within the time limit specified
therefor, he shall be punishable with imprisonment for a term which shall not
be less than six months, but which may extend to two years or with fine which
may extend to ten thousand rupees or with both.". (c)
after sub-section
(3), the following sub--section shall be inserted, namely:-- "(3A) Where a person convicted under sub--section
(2) for failure to transfer any property as required by sub-section (1) has
not, before his conviction under that sub-section, transferred such property to
the woman entitled thereto or, as the case may be, her heirs, 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, her heirs 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, in 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, her heirs.".]]] [20] [8. Offences to be cognizable for certain purposes and to be[21]
[non-bailable] and non-compoundable (1)
The Code of Criminal
Procedure, 1973 (2 of 1974) shall apply to offences under this Act as if they were cognizable
offences-- (a)
for the purposes of
investigation of such offences; and (b)
for the purposes of
matters other than-- (i) matters
referred to in section 42 of that Code; and (ii) the
arrest of a person without a warrant or without an order of a Magistrate. (2)
Every offence under
this Act shall be[22]
[non-bailable] and non-compoundable.] [STATE AMENDMENTS [Goa [23] [In Section 8 The following section shall be substituted, namely:-- "8. Offences to be cognizable for certain
purposes and to be bailable and non-compoundable.-- (1)
The Code of Criminal
Procedure, 1973(2 of 1974) shall apply to offences under this Act as if they were cognizable
offences-- (a)
for the purposes of
investigation of such offences; and (b)
for the purposes of
matters other than -- (i) matters
referred to in section 42 of that Code; and (ii) the
arrest of a person without a warrant or without an order of a Magistrate. (2)
Every offence under
this Act shall be
bailable and non-compoundable.".]]] (1)
The Central
Government may, by notification in the Official Gazette, make rules for
carrying out the purposes of this Act. [24] [(2) 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 persons by whom, any list of presents referred to in
sub-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.] [25] [(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[26]
[in two or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid], 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. [STATE AMENDMENTS [Goa [27] [In Section 9 The following sub-section shall be inserted,
namely:-- "(2) 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 persons by whom, any list of presents referred to in
sub-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.".]]] [1]
Substituted by Act 43 of 1986, Section 2, for "or after the
marriage" (w.e.f. 19-11-1986). [2]
Substituted by Act 63 of 1984, Section 2, for certain words (w.e.f.
2-10-1985). [3]
Explanation I omitted by Act 63 of 1984, Section 2 (w.e.f. 2-10-1985). [4]
Inserted by Dowry Prohibition (Amendment) Act, 1984 (Goa). [5]
Omitted by Dowry Prohibition (Amendment) Act, 1984 (Goa). [6]
Substituted by Act 63 of 1984, Section 4. for section 4 (w.e.f. 2-10-1985). [7]
Substituted by Dowry Prohibition (Amendment) Act, 1984 (Goa). [8]
Substituted by Act 63 of 1984, Section 5, for "one year" (w.e.f.
2-10-1985). [9]
Substituted by Act 63 of 1984, Section 5, for "one year" (w.e.f.
2-10-1985). [10]
Substituted by Act 63 of 1984, Section 5, for "one year" (w.e.f.
2-10-1985). [11]
Substituted by Act 63 of 1984, Section 5, for sub-section (2) (w.e.f.
2-10-1985). [12]
Inserted by Act 43 of 1986, Section 5 (w.e.f. 19-11-1986). [13]
Substituted by Act 43 of 1986, Section 5, for certain words (w.e.f.
19-11-1986). [14]
Inserted by Act 43 of 1986, Section 5 (w.e.f. 19-11-1986). [15]
Inserted by Act 63 of 1984, Section 5 (w.e.f. 2-10-1985). [16]
Inserted by Act 43 of 1986, Section 5 (w.e.f. 19-11-1986). [17]
Substituted by Act 63 of 1986, Section 5, for "her heirs" (w.e.f.
19-11-1986). [18]
Substituted by Act 63 of 1986, Section 5, for "her heirs" (w.e.f.
19-11-1986). [19]
Sub-section (1) and (2) shall be Substitutedand
Sub-section (3A) shall be Insertrd by Dowry Prohibition (Amendment) Act, 1984 (Goa). [20]
Substituted by Act 63 of 1984, Section 7, for section 8 (w.e.f. 2-10-1985). [21]
Substituted by Act 43 of 1986, Section 7, for "bailable" (w.e.f.
19-11-1986). [22]
Substituted by Act 43 of 1986, Section 7, for "bailable" (w.e.f.
19-11-1986). [23]
Substituted by Dowry Prohibition (Amendment) Act, 1984 (Goa). [24]
Inserted by Act 63 of 1984, Section 8 (w.e.f. 2-10-1985). [25]
Sub-section (2) renumbered as sub-section (3) thereof
by Act 63 of 1984,
Section 8 (w.e.f. 2-10-1985). [26]
Substituted by Act 20 of 1983, Section 2 and Schedule, for certain words
(w.e.f. 15-3-1984). [27]
Inserted by Dowry Prohibition (Amendment) Act, 1984 (Goa).?DOWRY PROHIBITION ACT, 1961 (GOA AMENDMENT)