Please note that “dowry” is defined in Section 2 of the Dowry Prohibition Act, 1961, and this definition talks of “giving”, etc., of any property, etc., and it does not require the ingredient of demand of any such property in the definition:
“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 or any time after the marriage 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.— [***]
Explanation II.—The expression “valuable security”has the same meaning as in Section 30 of the Indian Penal Code (45 of 1860).”
Please also note that there is a specific offence for demanding dowry which is punishable under Section 4 of the said Act. But, there is a separate offence under Section 3 of the said Act for giving or taking dowry. The facts mentioned by you show that the FIR alleges offences under Section 3 as well as under Section 4 of the Dowry Prohibition Act in your case.
The offence under Section 3 can be made out even if there was no demand of dowry, provided of course if the ingredients of this offence are otherwise made out. Therefore, even if there was no demand of dowry, an offence under the Dowry Prohibition Act may be made out for taking dowry if other conditions mentioned in the Act are satisfied.
Coming to the other part of your question, you have mentioned that you have already got bail. If the police files charge sheet after investigation, you may have to fight the case on merits. It is not possible to go into detailed facts of an individual case on this forum since it is beyond the scope of this forum. Please consult some good lawyer of your local area by showing him all the relevant facts / documents and obtain his advice on facts 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. List of his YouTube Videos.
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