THE DOWRY PROHIBITION ACT, 1961 PART II

connection with the marriage of the parties: Public Prosecutor, A.P. High Court v. Nese filakara Sreeramulu 2004 Cr.L.J. 1629 (Andh. Pra.) (F.B.).

Definition of dowry in £t-2 of the Dowry Prohibition Act (as amended by Act 43 of 1986) includes not only the period before and at the marriage but also the period subsequent to the marriage. Therefore, the argument that there has to be an agreement at the time of the marriage in view of the words “agreed to be given” occurring in S. 2 of the Dowry Prohibition Act, and in the absence of any such evidence it would not constitute a dowry is not tenable: State ofAndhra Pradesh v. Raj GopalAsawa A.I.R. 2004 S.C. 1933: (2004) 4 S.C.C 470:2004 Cr.L.J. 1791. See also Pawan Kumarv. State of Haryana (1998) 3 S.C.C. 309.

“Dowry” definition is to be interpreted with the other provisions of the Act including S. 3, which refers to giving or taking dowry and S. 4 which deals with a penalty for demanding dowry, under the Dowry Prohibition Act and Indian Penal Code. This makes it clear that even demand of dowry on other ingredients being satisfied is punishable. It is not always necessary that there be any agreement for dowry: State of Andhra Pradesh v. Raj GopalAsawa A.I.R. 2004 S.C. 1933: (2004) 4 S.C.C. 470:2004 Cr.L.J. 1791.

What is the periphery of the word “dowry” came to be considered by the Supreme Court in the decision in Pawan Kumar v. State ofHaryana (1998) 3 S.C.C. 309 and in the teeth of the extended definition and meaning of the term as brought about by the Dowry Prohibition (Amendment) Act, 1986 (Central Act 43 of 1986) w.e.f. 19-11-1986 the earlier meaning confining and limiting the same to the time at or before the marriage got enlarged and extended even to the period after the marriage and that there be no need to also show any agreement for the payment of such dowry to make it punishable as an offence: Vidhya Devi v. State ofHaryana A. I. R 2004 S.C. 1757: (2004) 9 S.C.C. 476.

3. Petwaty for giving or taking dowry.—⁶[(1)] If any person, after the commencement of this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable ⁷[with imprisonment for a term which shall not be less than ⁸[five years, and with fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more]:

Provided that the Court may, for adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than ⁹[five years.]

^w[(2) Nothing in sub-section (1) shall apply to, or in relation to,—

(a) presents which are given at the time of a marriage to the bride (without any demand having been made in that behalf):

Provided that such presents are entered in a list maintained in accordance with the rules made under this Act:

(b) presents which are given at the time of a  marriage to the bridegroom (without any demand having been made in that behalf):

Provided that such presents are entered in a list maintained in accordance with the rules made under this Act:

Provided further that where such presents are made by or on behalf of the bride or any person related to the bride, such presents are of a customary nature and the value thereof is not excessive having regard to the financial status of the person by whom, or on whose behalf, such presents are given.]

State Amendments—[Bihar].—In its application to the State of Bihar, for S. 3, substitute the following section, namely:—

“3. Penalty for giving or taking dowry.-—If any person after the commencement of this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable with imprisonment which may extend to six months and with fine which may extend to five thousand rupees.”—Bihar Act 4 of 1976, S. 2 (w.e.f. 20-1-1976).

[Haryanal.—In its application to the State of Haryana, for S. 3, substitute the following section, namely:—

“3. Bar of certain acts.—No person shall—

(a) give or take or abet the giving or taking of dowry;

(b) demand, directly or indirectly from the parents or guardians of a bride or bridegroom, as the case may be, any dowry;

(c) incur marriage expenses the aggregate value whereof exceeds five thousand rupees;

(d) display any gifts made at or before the marriage in the form of cash ornaments, clothes or other articles;

(e) take or carry in excess of—                                                                           

(i) twenty-five members of the marriage party; and

(if) eleven members of the band;

(/) deny conjugal rights to his wife on the ground that dowry has not been given or the dowry given is insufficient.”—Haryana Act 38 of 1976, S. 2 (w.e.f. 11-8-1976).

6. S. 3 renumbered as sub-S. (1) thereof by Act 63 of 1984, S. 3 (w.e.f. 2-10-1985).

7. Substituted by Act 63 of 1984, S. 3, for “with imprisonment which may extend to six months, or with fine which may extend to five thousand rupees, or with both” (w.e.f. 2-10-1985).

8. Substituted by Act 43 of 1986, S. 3, for “six months, but which may extend to two years, and with fine which may extend to ten thousand rupees or the amount of the value of such dowry, whichever is more” (w.e.f. 19-11-1986).

9. Substituted by Act 43 of 1986, S. 3, for “six months” (w.e.f. 19-11-1986).

10. Inserted by Act 63 of 1984, S.3 (w.e.f. 2-10-1985).       .                                                                          

[Himachal Pradesh].—In its application to the State of Himachal Pradesh, for S. 3, substitute the following section, namely:—

“3. Penalty for giving or taking dowry.—If any person gives or takes or abets the giving or taking of dowry, he shall be punishable with imprisonment which may extend to one year and with fine which may extend to five thousand rupees.”—H.P. Act 25 of 1976, S. 2 (w.e.f. 24-6-1976).

(Punjab].—In its application to the State of Punjab, in S. 3, for the words “six months or with fine which may extend to five thousand rupees”, substitute “one year, and fine which may extend to five thousand rupees”.—Punjab Act 26 of 1976, S. 2 (w.e.f.20-5-1976).

[West Bengal].—In its application to the State of West Bengal, in S. 3, for the words “which may extend to six months, or with fine which may extend to five thousand rupees”, substitute “which shall not be less than three months, but may extend to three years or with fine which shall not be less than two thousand rupees, but may extend to ten thousand rupees”.—W.B. Act 35 of 1975, S. 2 (w.e.f. 23-9-1975).

COMMENTS

This deep-rooted social evil requires to be controlled not only by effective implementation of the Dowry Prohibition Act, 1961, but also by the Society. The Society has to find out ways and means of controlling and combating this menace of receipt and payment of dowry. It appears that instead of controlling payment and receipt of dowry in one or other form, it is increasing even in educated class. May be that, it is increasing because of accumulation of unaccounted wealth with few and others having less means follow the same out of compulsion: Vikas v. State ofRajasthan 2002 Cr.L.J. 3760 (S.C.).

Ss. 3 and 4 of the Dowry Prohibition Act make out independent offences, but in the instant case it was the demand for dowry coupled with harassment which constitutes the basis of the prosecution case. Once the main part of the charge under S. 304-B was not found established, it was not possible to record conviction under Ss. 3 and 4 of the Dowry Prohibition Act: SakhiMandalaniv. State ofBihar (1999) 5 S.C.C. 705:1999 S.C.C. (Cr.) 1039.

ⁿ[4. Penalty for demanding dowry.—If any person demands, directly or indirectly, from the parents or other relatives or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years and with fine which may extend to ten thousand rupees:

Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months.]

State Amendments—[Bihar].—In its application to the State of Bihar, for S. 4, substitute the following section, namely:—

“4. Penalty for demanding dowry.—If any person, after the commencement of this Act, demands directly or indirectly from the parents or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment which may extend to six months and with fine which may extend to five thousand rupees:

Provided that no Court shall take cognizance of any offence under this section except with the previous sanction of the State Government or of such officer as the State Government, may, by general or special order/specify in this behalf.”—Bihar Act 4 of 1976, S. 3 (w.e.f. 20-1-1976).

IHaryana].—In its application to the State of Haryana, for S. 4, substitute the following section, namely:—

“4. Penalty.—(1) If any person contravenes any of the provisions of section 3, he shall be punishable with imprisonment which may extend to six months and with fine which may extend to five thousand rupees.

(2) The Court trying an offence under clause (/) of section 3 relating to conjugal rights may at any stage of the proceedings, on the execution of a bond by the husband undertaking not to demand dowry and to allow conjugal rights to the wife, drop the proceedings.

11. Substituted by Act 63 of 1984, S. 4, for S. 4 (w.e.f. 2-10-1985).

 (3) Any proceedings dropped under sub-section (2) shall revive if the Court is satisfied, on an application made by the wife in this behalf, that the husband has failed to 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 a period of three years from the date on which the proceedings were dropped.

(4) The Court may direct that the fine, if any, imposed for the contravention of clause (/) of section 3, or such portion thereof, as the Court may deem proper, shall be paid to the wife.”—Haryana Act 38 of 1976, S. 2(w.e.f. 11-8-1976).

[Himachal Pradeshl.—In its application to the State of Himachal Pradesh, for S. 4, substitute the following section, namely:—

“4. Penalty for demanding dowry.—If any person demands, directly or indirectly, from the parents or guardian of a bride or bridegroom or from any other person, as the case may be, any dowry, he shall be punishable with imprisonment which may extend to one year and with fine which may extend to five thousand rupees.”—H.P. Act 25 of 1976, S. 3 (w.e.f. 24-6-1976).

¹²[4-A. Ban on advertisement.—If any person,—

(a) offers, through any advertisement in any newspaper, periodical, journal or through any other media, any share in his property or of any money or both as a share in any business or other interest as consideration for the marriage of his son or daughter or any other relative;

(fc) prints or publishes or circulates any advertisement referred to clause (a),

he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to five years, or with fine which may extend to fifteen thousand rupees:

Provided that the Court may, for adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than six months.]

State-Amendments—[Himachal Pradesh].—In its application to the State of Himachal Pradesh, after S. 4, insert the following section, namely:—

“4-A. Bar of certain acts.—Any person who—

(i) displays any presents made at the time of marriage in the form of cash, ornaments, clothes or other articles; or

(if) gives in the form of “shagun” at the time of “thaka”, betrothal or “tikka” anything the value of which exceeds eleven rupees; or

(in) 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, 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.”—H.P. Act 25 of 1976, S. 4 (w.e.f. 24-6-1976).

1 Punjab).—In its application to the State of Punjab, after S. 4, insert the following section, namely:—

“4-A. Bar of certain acts.—Any person who——

(i) displays any presents made at the time of such marriage in the form of cash, ornaments, clothes or other articles; or

(ii) takes in a marriage party more than twenty-five persons exclusive of minors and the members of the band; or

12. Inserted by Act 43 of 1986, S. 4 (w.e.f. 19-11-1986).