THE DOWRY PROHIBITION ACT, 1961 PART IV

(b) where the person aggrieved by an offence is the wife, complaint may be made on her behalf by her father, mother, brother, sister, or by her father’s or mother’s, brother or sister, and

(3) every offence under section 4-A shall be cognizable:

Provided that no police officer below the rank of a Deputy Superintendent of Police shall investigate any offence punishable under this Act or make any arrest therefor.”—Punjab Act 26 of 1976, S. 5 (w.e.f. 20-5-1976).

[West Bengal].—In its application to the State of West Bengal, in S. 7,—

(a) for the words and figures “Code of Criminal Procedure, 1898”, substitute “Code of Criminal Procedure, 1973”;

(b) for the words “Presidency Magistrate or a Magistrate of the first class”, wherever they occur, substitute “Metropolitan Magistrate or a Judicial Magistrate of the first class”; and

(c) in Cl. (b), for the words “one year from the date of the offence”, substitute “three years from the date of the offence”.—W.B. Act 35 of 1975, S. 5 (w.e.f. 23-9-1975).

²²[8. Offences to be cognizable for certain purposes and to be ^[non-bailable] and non-compoundable.—(1) The Code of Criminal Procedure, 1973 (2 of 1974), shall apply to offences under this Act as if they were cognizable offences—

(a) for the purposes of investigation of such offences; and           

(b) for the purposes of matters other than—

(c) matters referred to in section 42 of that Code; and (it) the arrest of a person without a warrant or without an order of a Magistrate.

(d) Every offence under this Act shall be ²³[non-bailable] and non-compoundable.]

State Amendments—[Bihar].—In its application to the State of Bihar, for S. 8, substitute the following section, namely:—

“8. Offences to be cognizable, non-bailable and non-compoundable.—Every offence under this Act shall be cognizable, non-bailable and non-compoundable.”—Bihar Act 4 of 1976, S. 5 (w.e.f. 20-1-1976).

[Himachal Pradesh].—In its application to the State of Himachal Pradesh, for S. 8, substitute the following section, namely:—

“8. Offences to be cognizable, non-bailable and non-compoundable.—Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every offence under this Act shall be cognizable, non-bailable and non-compoundable”.—H.P. Act 25 of 1976, S. 6 (w.e.f. 24-6-1976).

[Orissa].—In its application to the State of Orissa, in S. 8, for “every offence”, substitute “save as otherwise provided, every offence”.—Orissa Act 1 of 1976, S. 3 (w.e.f. 18-1-1976).

[Punjab].—In its application to the State of Punjab, for S. 8, substitute the following section, namely:—

“8. Offences to be bailable and non-compoundable.—Every offence under this Act shall be bailable and non-compoundable.”—Punjab Act 26 of 1976, S. 7 (w.e.f. 20-5-1976).

²⁴[8-A. Burden of proof in certain cases.—Where any person is prosecuted for taking or abetting the taking of any dowry under section 3, or the demanding of dowry under section 4, the burden of proving that he had not committed an offence under these sections shall be on him.]

State Amendments—[Himachal Pradesh].—In its application to the State of Himachal Pradesh, for S. 8-A, substitute the following section, namely:—

22. Substituted by Act 63 of 1984, S. 7, for S. 8 (w.e.f. 2-10-1985).

23. Substituted by Act 43 of 1986, S. 7, for “bailable” (w.e.f. 19-11-1986).

24. Inserted by Act 43 of 1986, S. 8 (w.e.f. 19-11-1986).                                                 

“8-A. Cognizance of offences—No Court shall take cognizance of any offence under this Act except on a police report under section 173 of the Code of Criminal Procedure, 1973 (2 of 1974), or a complaint made by a person aggrieved by the offence, as the case may be, within one year from the date of the commission of the offence:

Provided that no police officer of the rank lower than that of the Deputy Superintendent of Police shall investigate any case registered under this Act:

Provided further that no Court shall take cognizance of any offence under this Act except with the previous sanction of the District Magistrate, having jurisdiction in the area.”—H.P. Act39 of 1978,S. 6 (w.e.f. 4-12-1978).

[Punjab].—In its application to the State of Punjab, after S. 8, insert the following section, namely:—

“8-A. Institution of proceedings.—No prosecution shall be instituted against any person in respect of any offence committed under this Act without the previous sanction of the District Magistrate of such officer as the State Government may by special or general order appoint in this behalf .”—Punjab Act 26 of 1976, S. 7 (w.e.f. 20-5-1976).

²⁵[8-B. Dowry Prohibition Officers.—(1) The State Government may appoint as many Dowry Prohibition Officers as it thinks fit and specify the areas in respect of which they shall exercise their jurisdiction and powers under this Act.

(2) Every Dowry Prohibition Officer shall exercise and perform the following powers and functions, namely:—

(a) to see that the provisions of this Act are complied with; (V) to prevent, as far as possible, the taking or abetting the taking of, or the demanding of, dowry;

(c) to collect such evidence as may be necessary for the prosecution of persons committing offences under this Act; and

(d) to perform such additional functions as may be assigned to him by the State Government, or as may be specified in the rules made under this Act.

(3) The State Government may, by notification in the Official Gazette, confer such powers of a police officer as may be specified in the notification on the Dowry Prohibition Officer who shall exercise such powers subject to such limitations and conditions as maybe specified by rules made under this Act.

(4) The State Government may, for the purpose of advising and assisting Dowry Prohibition Officers in the efficient performance of their functions under this Act, appoint an Advisory Board consisting of not more than five social welfare workers (out of whom at least two shall be women) from the area in respect of which such Dowry Prohibition Officer exercises jurisdiction under sub-section (1).]

9. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

²⁶[(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for—

(a) the form and manner in which, and the persons by whom, any list of presents referred to in sub-section (2) of section 3 shall be maintained and all other matters connected therewith; and

(b) the better co-ordination of policy and action with respect to the administration of this Act.]

25. Inserted by Act 43 of 1986, S. 8 (w.e.f. 19-11-1986).                                                                                    

26. Inserted by Act 63 of 1984, S. 8 (w.e.f. 2-10-1985).                                                                                      

²⁷[(3)] Every rule made under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or ²⁸[in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid], both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

State Amendments—[Himachal Pradesh].—In its application to the State of Himachal Pradesh, in S. 9 —

(a) after the words ” Central Government”, insert “or the State Government with the prior approval of the Central Government”;

(b) in sub-S. (2), after the words “every rule made” and before the words “under this section”, insert “by the Central Government”;

(c) after sub-S. (2), add the following sub-section, namely:—

“(3) Every rule made by the State Government under this section shall be laid, as soon as may be, after it is made, before the State Legislature while it is in session for a total period of not less than seven days, which may be comprised in one session or in two successive sessions and if before the expiry of the session in which it is so laid or the sessions immediately following, the Legislature requires any modification in the rule or desires that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule”.— H.P. Act 25 of 1976, S. 7 (w.e.f. 24-6-1976).

[Punjab].—In its application to the State of Punjab, in S. 9,—

(1) in sub-S. (1), after the words “Central Government”, insert “or the State Government”;

(it) in sub-S. (2), after the words “every rule made”, insert “by the Central Government”; and

(Hi) after sub-S. (2), add the following sub-section, namely:—

“(3) Every rule made under this section by the State Government shall be laid, as soon as may be, after it is made, before the House of the State Legislature while it is in session for a total period of ten days which may be comprised in one session or in two or more successive sessions, and, if before the expiry of the session in which it is so laid or the successive sessions aforesaid, the House agrees in making any modification in the rule or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.”—Punjab Act 26 of 1976, S. 8 (w.e.f. 20-5-1976).

²⁹[10. Power of State Government to make rules.—(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for allor any of the following matters, namely:—

(«) the additional functions to be performed by the Dowry Prohibition Officers under sub-section (2) of section 8-B;

(b) limitations and conditions subject to which a Dowry Prohibition Officer may exercise his functions under sub-section (3) of section 8-B.

(3) Every rule made by the State Government under this section shall be laid as soon as may be after it is made before the State Legislature.]

27. Sub-S. (2) renumbered as sub-S. (3) thereof by Act 63 of 1984, S. 8 (w.e.f. 2-10-1985).

28. Substituted by Act 20 of 1983, S. 2 and Sch., for certain words (w.e.f. 15-3-1984).

29. Substituted by Act 43 of 1986, S. 9, for S. 10 (w.e.f. 19-11-1986).