Definition of the word dowry in the Dowry Prohibition Act, 1961, is as under:
“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).”
It is clear from the above definition that the definition of dowry specifically excludes from its meaning dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies.
Therefore, the Dowry Prohibition Act would not apply to Muslims in so far as dower or mahr are concerned, since what is punishable in this Act is taking or giving of dowry or demand of dowry, which are specifically excluded from its definition.
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