This is an Indian law to prohibit the giving or taking of dowry.
Dowry Prohibition Act, 1961[i]
[Act 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:—
Statement of Objects and Reasons.—“The object of this Bill is to prohibit the evil practice of giving and taking of dowry. This question has been engaging the attention of the Government for some time past, and one of the methods by which this problem, which is essentially a social one, was sought to be tackled was by the conferment of improved property rights on women by the Hindu Succession Act, 1956. It is, however, felt that a law which makes the practice punishable and at the same time ensures that any dowry, if given does ensure for the benefit of the wife will go a long way to educating public opinion and to the eradication of this evil. There has also been a persistent demand for such a law both in and outside Parliament. Hence, the present Bill. It, however, takes care to exclude presents in the form of clothes, ornaments, etc., which are customary at marriages, provided the value thereof does not exceed Rs 2000. Such a provision appears to be necessary to make the law workable.”
1. Short title, extent and commencement.
1. Short title, extent and commencement.—(1) This Act may be called the Dowry Prohibition Act, 1961.
(2) It extends to the whole of India [ii][* * *].
(3) It shall come into force on such date[iii] as the Central Government may, by notification in the Official Gazette, appoint.
| Other Contents of Dowry Prohibition Act, 1961 |
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| Sections 1 to 5 |
| Sections 6 to 10 |
2. Definition of “dowry”.
2. Definition of “dowry”.—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 parents 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 [iv][or any time after the marriage] [v][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.
Explanation I.—[vi][* * *]
Explanation II.—The expression “valuable security” has the same meaning as in Section 30 of the Indian Penal Code (45 of 1860).
3. Penalty for giving or taking dowry.
3. Penalty for giving or taking dowry.—[vii][(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 [viii][with imprisonment for a term which shall not be less than [ix][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 [x][five years]].
[xi][(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.]
4. Penalty for demanding dowry.
[xii][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.]
4-A. Ban on advertisement.
[xiii][4-A. 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.]
5. Agreement for giving or taking dowry to be void.
5. Agreement for giving or taking dowry to be void.—Any agreement for the giving or taking of dowry shall be void.
References
[i] See for State Amendments: Bihar Act 4 of 1976; Haryana Act 38 of 1976; H.P. Acts 25 of 1976 and 39 of 1978; Orissa Act 1 of 1976; Punjab Act 26 of 1976 and W.B. Act 35 of 1975.
[ii] The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, Ss. 95, 96 and Sch. V (w.e.f. 31-10-2019).
[iii] This Act came into force w.e.f. 1st July, 1961 [Vide S.O. 1410, dt. 20-6-1961, Gazette of India, Extra., Pt. II, S. 3(ii), p. 1005.]
[iv] Substituted by Act 43 of 1986 (w.e.f. 19-11-1986).
[v] Substituted by Act 63 of 1984, S. 2 (w.e.f. 2-10-1985).
[vi] Omitted by Act 63 of 1984 (w.e.f. 2-10-1985).
[vii] Inserted by Act 63 of 1984, S. 3 (w.e.f. 2-10-1985).
[viii] Substituted by Act 63 of 1984, S. 3, (w.e.f. 2-10-1985).
[ix] Substituted by Act 43 of 1986 for “six months, but which may extend to two years, and with fine which may extend to ten thousand rupees or the amount of the value of such dowry, whichever is more” (w.e.f. 19-11-1986).
[x] Substituted for “six months” by Act 43 of 1986 (w.e.f. 19-11-1986).
[xi] Inserted by Act 63 of 1984, S. 3 (w.e.f. 2-10-1985).
[xii] Substituted by Act 63 of 1984, S. 4 (w.e.f. 2-10-1985).
[xiii] Inserted by Act 43 of 1986 (w.e.f. 19-11-1986).
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