[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 [West Bengal [6] [In Section 3 The words "which may extend to six months, or
with fine which may extend to five thousand rupees", the words "which
shall not be less than three months, but may extend to three years or with fine
which shall not be less than two thousand rupees, but may extend to ten
thousand rupees" shall be substituted.]]] [7] [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 [West Bengal In Section 4 [8] [(a) after the words "bride or bridegroom", the words
"or from any other person" shall be inserted;] [9] [(b) for the words "which may extend to six months, or with
fine which may extend to five thousand rupees", the words "which
shall not be less than three months, but may extend to three years or with fine
which shall not be less than two thousand rupees, but may extend to ten
thousand rupees" shall be substituted.] [10] [(c) for the proviso, the following provisos shall be substituted,
namely:- "Provided that no court shall take cognizance of
any offence under this section except on a complaint made by any aggrieved
party or his parents or by any other person with the previous sanction of the
authority specified by the State Government in this behalf: Provided further that no such previous sanction shall
be necessary for taking cognizance on a complaint made by such organisation for
social welfare with a minimum standing of five years as may be specified by the
State Government by notification in the Official Gazette or by any person duly
authorised by such organisation.".]]] [11] [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 [West Bengal [12] [In Section 4A The following section shall be inserted, namely:- "4A. Penalty for depriving any party of the
rights and privileges of marriage.- (1)
If after the
marriage, any party to the marriage with or without assistance of his parents
or guardians deprives the other party of the rights and privileges of marriage,
or tortures or refuses to maintain the said other party for non-payment
of dowry before,
during or after marriage, he shall be punishable with imprisonment which shall
not be less than three months, but may extend to one year or with fine which
shall not be less than two thousand rupees, but may extend to five thousand
rupees, or with both. (2)
The provisions of
this section shall be in addition to, and not in derogation of, any provisions
on the subject contained in any other law for the time being in
force.".]]] [13] [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.] [14] [(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 [West Bengal [15] [In Section 7 (a)
for the words and
figures "Code of Criminal Procedure, 1898", the words and figures
"Code of Criminal Procedure, 1973" shall be substituted; (b)
for the words
"presidency magistrate or a magistrate of the first class" in the two
places where they occur, the words "Metropolitan Magistrate or a Judicial
Magistrate of the first class" shall be substituted; (c)
in clause (b), for
the words "one year from the date of the offence", the words
"three years from the date of the offence" shall be substituted.]]] [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 Dowry Prohibition (West
Bengal Amendment) Act, 1975
(Act 35 of 1975). [7]
Substituted by Act 63 of 1984, Section 4. for section 4 (w.e.f. 2-10-1985). [8]
Inserted by Dowry Prohibition (West Bengal Amendment) Act, 1975 (Act 35 of 1975). [9]
Substituted by Dowry Prohibition (West Bengal Amendment) Act, 1975 (Act 35 of 1975). [10]
Substituted by Dowry Prohibition (West Bengal Amendment) Act, 1975 (Act 35 of 1975). [11]
Inserted by Act 43 of 1986, section 4 (w.e.f.
19-11-1986). [12]
Inserted by Dowry Prohibition (West
Bengal Amendment) Act, 1975
(Act 35 of 1975). [13]
Substituted by Act 63 of 1984, Section 6, for section 7 (w.e.f. 2-10-1985). [14]
Inserted by Act 43 of 1986, Section 6 (w.e.f.
19-11-1986). [15]
Substituted by Dowry Prohibition (West Bengal Amendment) Act, 1975 (Act 35 of 1975).DOWRY PROHIBITION ACT, 1961(WEST BENGAL AMENDMENT)