[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 HARYANA [6] [In its
application to the State of Haryana, for Section 3, substitute the following
section, namely: "3. Bar of certain
acts.- No person shall- (a)
give or take or abet the giving or taking of dowry; (b)
demand, directly or indirectly from the parents or guardians of a
bride or bridegroom, as the case may be, any dowry; (c)
incur marriage expenses the aggregate value whereof exceeds five
thousand rupees; (d)
display any gifts made at or before the marriage in the form of
cash ornaments, clothes or other articles; (e)
take or carry in excess of- (i)
twenty-five members of the marriage party; and (ii)
eleven members of the band; (f)
deny conjugal rights to his wife on the ground that dowry has not
been given or the dowry given is insufficient."] [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 HARYANA [8] [In
Section 4 In its application to the
State of Haryana, for Section 4, substitute the following section, namely: 4. Penalty.- (1)
If any person contravenes any of the provisions of section 3, he
shall be punishable with imprisonment which may extend to six months and with
fine which may extend to five thousand rupees. (2) The Court
trying an offence under clause (f) of section 3 relating to conjugal rights may
at any stage of the proceedings, on the execution of a bond by the husband undertaking
not to demand dowry and to allow conjugal rights to the wife, drop the
proceedings. (3) Any
proceedings dropped under sub-section (2) shall revive if the Court is
satisfied, on an application made by the wife in this behalf, that the husband
has failed to carry out the undertaking or has otherwise acted contrary to the
terms of the bond, and thereupon the Court shall proceed with the case from the
stage at which it was dropped: Provided that no
application under this sub-section shall be entertained if it is made after the
expiry of a period of three years from the date on which the proceedings were
dropped. (4) The Court
may direct that the fine, if any, imposed for the contravention of clause (f)
of section 3, or such portion thereof, as the Court may deem proper, shall be
paid to the wife.] (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 [9]
[three months] after the date of marriage; or (b)
if the dowry was received at the time of or after the marriage,
within [10] [three months] after the
date of its receipt; or (c)
if the dowry was received when the woman was a minor, within [11]
[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. [12] [(2) If
any person fails to transfer any property as required by sub-section (1) within
the time limit specified therefor, [13]
[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 [14]
[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: [15] [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.] [16] [(3A)
Where a person convicted under sub-section (2) for failure to transfer any
property as required by sub-section (1) [17]
[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, [18] [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, [19]
[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, [20]
[her heirs, parents or children.] (4) ??Nothing contained in this section shall
affect the provisions of section 3 or section 4. [STATE AMENDMENTS Haryana [21] [In
Section 6 for the words "or with
fine which may extend to five thousand rupees, or with both", the
words" and with fine which may extend to five thousand rupees" shall
be substituted.] [22] [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 any 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
purposes 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.] [23] [(3)
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.] [STATE AMENDMENTS HARYANA [24] [In
Section 7 The following section shall
be substituted, namely:- "7. Cognizance of
offences - Notwithstanding contained
in the Code of Criminal Procedure, 1973 (2) of 1974), (a)
no court inferior to that of a Judicial Magistrate of the first
class shall try any offence under this Act; (b)
no court shall take cognizance of any such offence except on a
complaint made by any party to the marriage or her father, mother or brother or
a Gazette Officer specially authorized by the State Government in this behalf,
within a period of one year from the date of the marriage ; (c)
no court shall take cognizance of any such offence except with the
previous sanction of the District Magistrate or of such officer as the State
Government may, by general or special order, specify in this behalf ; (d)
no enquiry shall be got made through any Police Officer below the
rank of a Deputy Superintendent of Police; (e)
no woman shall be called to a Police Station for the purpose of
f19t enquiry regarding any offence under this Act,".] [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 Haryana Act 38 of 1976, Section 2 (w.e.f. 11-8-1976). [7] Inserted by Act
43 of 1986, section 4 (w.e.f. 19-11-1986). [8] Substituted
by Haryana Act 38 of 1976, Section 2 (w.e.f. 11-8-1976). [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 "one year" (w.e.f. 2-10-1985). [12] Substituted
by Act 63 of 1984, Section 5, for sub-section (2) (w.e.f. 2-10-1985). [13] Inserted by Act
43 of 1986, Section 5 (a)(i) (w.e.f. 19-11-1986). [14] Substituted
by Act 43 of 1986, Section 5 (a)(ii), for certain words (w.e.f. 19-11-1986). [15] Substituted
by Act 43 of 1986, Section 5 (b), for certain words (w.e.f.
19-11-1986). [16]
Inserted by Act
63 of 1984, Section 5 (w.e.f. 2-10-1985). [17] Substituted
by Act 43 of 1986, Section 5 (c) (i), for certain words (w.e.f.
19-11-1986). [18] Substituted
by Act 63 of 1986, Section 5(c) (ii), for "her heirs"
(w.e.f. 19-11-1986). [19] Substituted
by Act 63 of 1986, Section 5(c) (ii), for "her heirs"
(w.e.f. 19-11-1986). [20] Substituted
by Act 63 of 1986, Section 5(c) (ii), for "her heirs"
(w.e.f. 19-11-1986). [21] Substituted
by Dowry Prohibition (Haryana Amendment) Act, 1976 (Act No. 38 of 1976). [22]
Substituted
by Act 63 of 1984, Section 6, for section 7 (w.e.f. 2-10-1985). [23] Inserted by Act
43 of 1986, Section 6 (w.e.f. 19-11-1986). [24] Substituted by Dowry
Prohibition (Haryana Amendment) Act, 1976 (Act No. 38 of 1976).DOWRY
PROHIBITION ACT, 1961 (HARYANA AMENDMENT)