The essence of the definition of “dowry” in Section 2 of the Dowry Prohibition Act is as under:
“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 or any time after the marriage in connection with the marriage of the said parties.
Therefore, if any property etc. is given even before the marriage in connection with the marriage, it may be within the definition of “dowry”.
Section 3 of the said Act makes it punishable if someone gives or accepts dowry. Section 4 makes it punishable to demand dowry. However, presents given at the time of marriage which are of customary nature, without any demand having been made in that behalf, may not be punishable under Section 3, subject to certain conditions.
In view of these, technically it is possible and a dowry case can be filed for demand of dowry even before the marriage, if the facts of the case support the ingredients of the offence. But, as mentioned above, if some customary gifts have been given, without any demand having been made in that behalf, the same may not be considered as dowry. At the same time, it is quite possible that sometimes allegations may even be fabricated.
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. List of his YouTube Videos.
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