(iii) gives in the form of sagun at the time of thaka, betrothal or marriage, anything the value of which exceeds eleven rupees; or
(iv) gives to the parents or any other relation of a party to the marriage anything on the occasion of “milni” or any other ceremony performed in relation to betrothal or marriage; or
(v) serves to the marriage party more than two principal meals; shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five thousand rupees or with both.
Explanation.—In this section the expression “principal meal” means lunch or dinner.”— Punjab Act 26 of 1976, S. 4 (w.e.f. 20-5-1976).
[West Bengal].—In its application to the State of West Bengal, after S. 4, insert the following section, namely:—
“4-A. Penalty for depriving any party of the rights and privileges of marriage.—(1) If after the marriage, any party to the marriage with or without assistance of his parents or guardians deprives the other party of the rights and privileges of marriage, or tortures or refuses to maintain the said other party for non-payment of dowry before, during or after marriage, he shall be punishable with imprisonment which shall not be less than three months, but may extend to one year or with fine which shall not be less than two thousand rupees, but may extend to five thousand rupees, or with both.
(2) The provisions of this section shall be in addition to, and not in derogation of, any provisions on the subject contained in any other law for the time being in force.”—W.B. Act 35 of 1975, S. 5 (w.e.f. 23-9-1975).
Section 4-B
State Amendments—(Himachal Pradeshl—In its application to the State of Himachal Pradesh, after S. 4-A, insert the following section, namely:—
“4-B. Penalty for depriving any party of the rights and privileges of marriage.—(1) If after the marriage, any party to the marriage with or without assistance of any other person, deprives the other party of the rights and privileges of marriage or tortures or refuses to maintain the said other party for non-payment of dowry before, during or after marriage, he shall be punishable with imprisonment which may extend to one year and with fine which may extend to five thousand rupees.
(2) The provisions of this section shall be in addition to and not in derogation of, any provision on the subject contained in any other law for the time being in force.”— H.P. Act 25 of! 976, S. 4 (w.e.f. 24-6-1976).
[Punjab].—In its application to the State of Punjab, after S. 4-A, insert the following section, namely:—
“4-B. Penalty for depriving any party of rights and privileges of marriage.—Any party to the marriage who, after the marriage, deprives the other party of the rights and privileges of marriage, or tortures or refuses to maintain the said other party, for non-payment of dowry, and any person who assists such party in the commission of such offence, shall be punishable with imprisonment for a term which may extend to one year, and fine which may extend to five thousand rupees.”—Punjab Act 26 of 1976, S. 4 (w.e.f. 20-5-1976).
5. Agreement for giving or taking dowry to be void.—Any agreement for the giving or taking of dowry shall be void.
6. 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 13[three months] after the date of marriage; or
(b) If the dowry was received at the time of or after the marriage, within 13[three months] after the date of its receipt; or
(c) it the dowry was received when the woman was a minor, within .”[three months] after she has attained the age of eighteen years, arid pending such transfer, shall hold it in trust for the benefit of the woman.
13. Substituted by Act 63 of 1984, S. 5, for “one year” (w.e.f. 2-10-1985).
14[(2) If any person fails to transfer any property as required by subsection (1) within the time limit specified therefor/ 15[or as required by subsection (3)], he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years or with fine 16[which shall not be less than five thousand rupees, but which may extend to ten thousand rupees] or with both.]
(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:
15[Provided that where such woman dies within seven years of her marriage, otherwise than due to natural causes, such property shall,—
(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.]
17[(3-A) Where a person convicted under sub-section-(2) for failure to transfer any property as required by sub-section (1) 18[or sub-section (3)] has not, before his conviction under that sub-section, transferred such property to the woman entitled thereto or, as the case may be, 19[her heirs, parents or children], the Court shall, in addition to awarding punishment under that subsection, direct, by order in writing, that such person shall transfer the property to such woman or, as the case may be, 19[her heirs, parents or children] 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, 19[her heirs, parents or children].
(4) Nothing contained in this section shall affect the provisions of section 3 or section 4.
State Amendments—[Haryaria].—In its application to the State of Haryana, in sub-S. (2) of S. 6, for “or with fine which may extend to five thousand rupees, or with both”, substitute “and with fine which may extend to five thousand rupees”.—Haryana Act 38 of 1976, S. 3 (w.e.f. 11-8-1976).
Sections 6-A and 6-B
State Amendments—[Orissa].—In its application to the State of Orissa, after S. 6, insert the following sections, namely:—
“6-A. Penalty for denial of conjugal right by the husband.—(1) If any person denies conjugal rights to his wife on the ground that dowry has not been given or on the ground that the dowry given is insufficient, he shall be punishable with imprisonment which may extend to one year, or with fine which may extend to ten thousand rupees or with both.
(2) The Court trying an offence under this section may, at any stage of the proceedings, on the execution of a bond by the husband undertaking not to realise the dowry or any portion thereof as the case may be, and to allow conjugal rights to the wife, drop the proceedings.
(3) Any proceedings dropped under sub-section (2) shall revive if the Court is satisfied, or an application made in that behalf by the wife that the husband has failed to
14. Substituted by Act 63 of 1984, S. 5, for sub-S. (2) (w.e.f. 2-10-1985).
15. Inserted by Act 43 of 1986, S. 5 (w.e.f. 19-11-1986).
16. Substituted by Act 43 of 1986, S. 5, for “which may extend to ten thousand rupees”
(w.e.f. 19-11-1986).
17. Inserted by Act 63 of 1984, S. 5 (w.e.f. 2-10-1985).
18. Inserted by Act 43 of 1986,8.5 (w.e.f. 19-11-1986).
19. Substituted by Act 63 of 1984, S. 5, for “her heirs” (w.e.f. 19-11-1986).
carry out the undertaking or has otherwise acted contrary to the terms of the bond, and thereupon the Court shall proceed with the case from the stage at which it was dropped:
Provided that no application under this sub-section shall be entertained if it is made after the expiry of three years from the date on which the proceedings were dropped.
(4) The Court may direct that the fine, if any, imposed under this section or such portion thereof as the Court deems proper, shall be paid to the wife as compensation.
6-E. Maintenance to be paid by husband on his conviction.—(1) On conviction of a person for an offence under section 6-A, the Court trying the offence may, on a claim made by his wife in that behalf within two months from the date of the order of conviction, order such person to make a monthly allowance for the maintenance of his wife at such monthly rate not exceeding five hundred rupees, as the Court deems proper:
Provided that no such order shall be made without giving the parties concerned a reasonable opportunity of being heard.
(2) In determining the monthly allowance under this section regard shall be had to—
(a) the position and status of the parties; (b) the reasonable wants of the wife;
(c) the value of the wife’s property and any income derived from such property, or from the wife’s earnings or from any other source; and
(d) the amount of compensation awarded under section 6-A.
(3) The maintenance allowance so ordered shall be a charge on the property, if any, of the husband, whether acquired before or after the date of the order.
(4) Where a complaint has been filed by the wife for an offence under section 6-A, the husband shall not transfer any of his assets till—
(a) where no claim for maintenance has been preferred under this section, the date of expiry of the period of limitation specified in sub-section (1) for filing such claim; and
(b) where such claim is preferred, the disposal of the claim.
(5) Notwithstanding anything contained in any other law, the wife may enforce any claim for maintenance against any property transferred by the husband in contravention of the provisions of sub-section (4) as if such transfer were null and void.
(6) The provisions contained in sub-section (3) of section 125 of the Code of Criminal Procedure, 1973 shall, so far as may be, apply to the recovery of the maintenance allowance ordered under this section.”—Orissa Act 1 of 1976, S. 2 (w.e.f. 18-1-1976).
20[7. Cognizance of offences.—(1) Notwithstanding anything contained in the Code of Criminal Procedure., 1973 (2 of1974),—
(«) no Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence under this Act;
(b) no Court shall take cognizance of an offence under this Act except upon—
(f) its own knowledge or a police report of the facts which constitute such offence, or
(if) a complaint by the person aggrieved by the offence or a parent or other relative of such person, or by any recognized welfare institution or organisation;
(c) it shall be lawful for a Metropolitan Magistrate or a Judicial Magistrate of the first class to pass any sentence authorised by this Act on any person convicted of an offence under this Act.
Explanation.—For the purposes of this sub-section, “recognized welfare institution or organisation” means a social welfare institution or organisation recognized in this behalf by the central or State Government.
20. Substituted by Act 63 of 1984, S. 6, for S. 7 (w.e.f. 2-10-1985).
(2) Nothing in Chapter XXXVI of the Code of Criminal Procedure, 1973 (2 of 1974), shall apply to any offence punishable under this Act.]
21[(3) Notwithstanding anything contained in any law for the time being in force a statement made by the person aggrieved by the offence shall not subject such person to a prosecution under this Act.]
State Amendments—[Bihar].—In its application to the State of Bihar, for S. 7, substitute the following section, namely:—
“7. Trial of offences.—Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence under this Act.”—Bihar Act 4 of 1976,S.4(w.e.f.20-l-1976).
[Haryana].—In its application to the State of Haryana, for S. 7, substitute the following section, namely:—
“7. Cognizance of offences.—Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),—
(a) no Court inferior to that of a Judicial Magistrate of the first class shall try any offence under this Act;
(b) no Court shall take cognizance of any such offence except on a complaint made by any party to the marriage or her father, mother or brother or a Gazetted Officer specially authorised by the State Government in this behalf, within a period of one year from the date of the marriage;
(c) no Court shall take cognizance of any such offence except with the previous sanction of the District Magistrate or of such officer as the State Government may, by general or special order, specify in this behalf;
(d) no enquiry shall be got made through any Police Officer below the rank of a Deputy Superintendent of Police;
(e) no woman shall be called to a Police Station for the purpose of an enquiry regarding any offence under this Act.”—Haryana Act 38 of 1976, S. 4 (w.e.f. 11 -8-1976).
[Himachal PradeshJ.—In its application to the State of Himachal Pradesh, for S. 7, substitute the following section, namely:—
“7. Trial of offences.—[*] Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no Court inferior to that of a Judicial Magistrate of the first class shall try any offence under this Act.
[*] No Court shall take cognizance of any offence under this Act, except that of offence under section 4-B, except on a police report or complaint made within one year of the marriage.”—H.P. Act 25 of 1976, S. 5 (w.e.f. 24-6-1976) as amended by H.P. Act 39 of 1978, S. 5, (w.e.f. 4-12-1978).
[Punjab],—In its application to the State of Punjab, for S. 7, substitute the following section, namely:—
“7. Cognizance of offences.—Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),—
(1) No Court inferior to that of a Judicial Magistrate of the first class shall try any offence under this Act;
(2) No Court shall take cognizance of any offence punishable under sections 3, 4
and 4-B, except upon a complaint made within one year from the date of the offence, by
some person aggrieved by the of fence:
Provided that—
(a) where such person is under the age of eighteen years, or is an idiot or a lunatic, or is from sickness or infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public some other person may, with the leave of the Court, make a complaint on his or her behalf;
21. Inserted by Act 43 of 1986, S. 6 (w.e.f. 19-11-1986).
