Dowry prohibition ACT(1961)

DOWRY PROHIBITION ACT-

What is Dowry?
Dowry is another social evil which is affecting Indian society like a disease. It is a type of violence committed against women. This is a specific crime committed only against married women.

Definition according to the Dowry Prohibition Act-

In this act dowry means any property or valuable security given or agreed to be given either directly or indirectly.

It is enacted by the parliament in the twelfth year of the republic of India. It extends to the whole of India except the state of Jammu and Kashmir.

The Dowry Prohibition Act, 1986 makes both giving and demanding of dowry a punishable offence. But despite the Act, dowry system is continuing unabated and in fact it’s increasing by the day.

The humiliation and hardship which the family of the bride has to face is enormous. And this results into and becomes one of the motivations for other social evils such as Female Infanticide and sex-selective abortions. For the same reason female child is always discriminated against in households because they are considered as burdens on the family and to arrange dowry for her marriage the family do not think it fit to spent money on her education or food.

The Dowry Prohibition Act, 1986 failed to check the evils of dowry system and it also lacked in providing solutions to the ever increasing menace of dowry deaths. So, the Parliament thought it fit to bring a specific provision to deal with the said crime of bride burning. Thus, through an Amendment, a new section i.e. Section 304-B was inserted in the IPC which creates a new offence in the name of ‘dowry death’. The provision in detail provides ingredients which are to be looked into in case of death of a married woman and if those ingredients are there such death would be considered as dowry death. As per the provision, maximum punishment of life imprisonment has been provided for dowry death to the husband or any relative of husband.

Though the said provision is there and cases are being reported regularly but the rate of commission of crime of dowry death is not lessening. Apart from death, various other forms of harassment, exploitation and cruelties are being performed on hapless married women.

Only very few such crimes are being reported because of the societal pressure and fear of break-down of marriage. Also, police authorities are not registering FIRs in dowry related cases due to various obvious reasons such as bribery or pressure from bridegroom’s side.

But above all, it’s the economic dependence and low level of education among women which are the real reasons for women being not able to lodge complaints in dowry or harassment cases. And such married women are bound to bear constant harassment for dowry and suffer in misery with no ray of hope.

The Dowry Prohibition Act is enacted by the parliament in the twelfth year of the republic of India. It extends to the whole of India except the state of Jammu and Kashmir.

Provision:

Penalty for giving or taking dowry-

If a person abets the giving or taking dowry, he shall be punishable with imprisonment for a term of not less than five years, and with a fine not less than fifteen thousand rupees or the amount equalent to the value of dowry.

Penalty for demanding dowry-

If a person demands directly or indirectly, from the parents or other relatives or guardian of a bride or bridegroom any kind of dowry, the person shall be punishable with imprisonment for a term which shall not be less than six months but may also extend to two years with fine upto ten thousand rupees.

Agreement for giving or taking dowry to be void:-
 Any agreement for the giving or taking of dowry shall be void.

Dowry to be for the benefit of the wife or her heirs:(1)  Where any dowry is received by any person other than the woman in connection with whose marriage it is given, that person shall transfer it to the woman-

(a) If the dowry was received before marriage, within one year after the date of marriage; or

(b) If the dowry was received at the time of or after the marriage, within one year after the date of its receipt; or

(c) If the dowry was received when the woman was a minor, within one year after she has attained the age of eighteen years; and pending such transfer, shall hold it in trust for the benefit of the woman.

(2) If any person fails to transfer any property within the time limited, shall be punishable with imprisonment which may extend to six months, or with fine which may extend to five thousand rupees, or with both. But such punishment shall not absolve the person from his obligation to transfer the property as required by sub-section.

(3) Where the woman entitled to any property under sub-section 1, dies before receiving it, the heirs of the woman shall be entitled to claim it from the person holding it for the time being.

(5) (a)If she has no children, be transferred to her parents; Or

(b) if she has children, be transferred to such children and pending such transfer, be held in trust for such children.] has not, before his conviction under that sub-section, transferred such property to the woman entitled thereto or, as the case may be, the Court shall, in addition to awarding punishment under that sub-section, direct, by order in writing, that such person shall transfer the property to such woman or, as the case may be,  within such period as may be specified in the order, and if such person fails to comply with the direction within the period so specified, an amount equal to the value of the property may be recovered from him as if it were a fine imposed by such Court and paid to such woman or, as the case may be. 4[(3A) Where a person convicted under sub-section (2) for failure to transfer any property has not, before his conviction under that sub-section, transferred such property to the woman entitled thereto or, as the case may be, the Court shall, in addition to awarding punishment under that sub-section, direct, by order in writing, that such person shall transfer the property to such woman or, as the case may be, within such period as may be specified in the order, and if such person fails to comply with the direction within the period so specified, an amount equal to the value of the property may be recovered from him as if it were a fine imposed by such Court and paid to such woman or, as the case may be.

(4) Nothing contained in this section shall affect the provisions of section 3 or section 4

Cognizance of offenses:

Notwithstanding anything contained in the Code of Criminal Procedure-1898,

(a) No court inferior to that of a presidency magistrate or a magistrate of the first class shall try any offense under this Act.

(b) No court shall take cognizance of any such offense except on a complaint made within one year from the date of the offense.

(c) It shall be lawful for a presidency magistrate or a magistrate of the first class to pass any sentence authorized by this Act on any person convicted of an offense under this Act.

Offenses to be non-cognizable, bail able and

Non-compoundable:

Every offense under this Act shall be non-cognizable, bail able and non-compoundable.