Dowry Prohibition Act, 1961
The Dowry Prohibition Act, 1961 was amended twice - in 1984 and 1986
Act No 28 of 1961
[20th May, 1961]
An Act to prohibit the giving or taking of dowry.
BE it enacted by Parliament in the Twelfth Year of the Republic of India as follows.-
Sections from the Act
- Section 1: Short title, extent and commencement
- Section 2: Definition of "dowry"
- Section 3: Penalty for giving or taking dowry
- Presents given at the time of marriage of bride without any demand having been made in this behalf and entered in a list made at the time of marriage, does not attract provisions of Section 3. But, property is demanded, it would fall within the term of dowry.
- Has penal provisions of imprisonment up to 5 years and fine of Rs. 15,000 or the amount of dowry, which ever is more...
- Section 4: Penalty for demanding dowry
- Mere demand for dowry is an offense. Punishment could be from 6 months and extended to 2 years. Fine can be up to 10,000 rupees.
- Section 5: Agreement for giving or taking dowry to be void
- Section 6: Dowry to be for the benefit of the wife or her heirs
- Section 7: Cognizance of offences
- Section 8: Offences to be non-cognizable, bailable and non-compoundable
- Section 9: Power to make rules
- Section 10: Repeals
- If a person who is prosecuted under Section 3 and 4 of the Act, the burden of proving his innocence falls on the accused only.
Related Cases / Recent Cases
- Inder Sen vs State, 1981 Cr LJ 1116 (Del.): 1986 Amendment: Anything given or agreed to be given after was not dowry unless it was agreed or promised to be given as 'consideration of marriage'.
- Shanmighavelu vs State, 2004 Cr LJ (Mad.): Demand of dowry made after three years of marriage cannot be said to be demand in connection with marriage.
- Sameer vs State of Orissa, 2003 Cr LJ 2923: The objective of the Section 4 is to discourage the very demand of dowry as consideration for marriage.
- Section 14 of Specific Relief Act, 1963: A Contract for marriage cannot be specifically be enforced.
- Hindu Marriage Act, 1955
- Special Marriage Act, 1954
- Hindu Window's Remarriage Act 1856
- Hindu Succession (Amendment) Act, 2005
- Marriage Laws (Amendment) Act, 2003
- Cast Disabilities Removal Act, 1850
- Native Converts Marriage Dissolution of Act, 1866
- Child Marriage Restraints Act, 1929
- Prohibition of Child Marriage Act, 2006
- Dowry Prohibition Act, 1961
- Family Court Act, 1984
- Benami Transaction (Prohibition) Act, 1988
- Births, Deaths and Marriages Registration Act, 1886