Whether giving dowry is also offence, if so, can I file counter-case?

Ask Legal Question (Free) Forums Family Law Whether giving dowry is also offence, if so, can I file counter-case?

Ask a New Legal Question (Free)

This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 1 month ago.

  • Author
    Posts
  • #3830

    Anonymous
    Guest

    My wife and her family members have filed a false complaint of dowry against me. They have even given a list of articles which were given to me on my demand for dowry. Someone has told me that the one who receives dowry and the one who gives dowry are both offenders of law. Is this correct? What stand can i take in such a case?

  • #3834

    Yes. Giving of dowry is also an offence under the same Section 3 of the Dowry Prohibition Act, 1961, which punishes taking of dowry, subject to the conditions mentioned therein:

    3. Penalty for giving or taking dowry.— (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 with imprisonment for a term which shall not be less than 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 five years.

    (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 are 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 the bride or any person related to the bride, such presents are 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 are given.”

    The stand to be taken by you would depend on the detailed facts of your case. Please consult some local lawyer by showing him full details of your case.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

You must be logged in to reply to this topic.