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Law Point: Dowry Prohibition Act, 1961

The Dowry Prohibition Act, 1961

1. Short title, extent and commencement.—
(1) This Act may be called the Dowry Prohibition Act, 1961. —(1) This Act may be called the Dowry
Prohibition Act, 1961."
(2) It extends to the whole of India except the State of Jammu and Kashmir.

(3) It shall come into force on such date1 as the Central Government may, by notification in the Official
Gazette, appoint.
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 parent 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 1 [or any time after the marriage] 2 [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. 3 [***] Explanation II.— The expression “valuable security” has the same meaning as in section
30 of the Indian Penal Code (45 of 1860).
3. Penalty for giving or taking dowry.—1[
(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 2[with imprisonment for a term which shall not be less than 3[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]: —1[(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 2[with imprisonment for a term which shall
not be less than 3[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 4[five years].] 5[(2) Nothing in sub-section (1) shall apply to, or in relation to,— 1[(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.]

1[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: 2[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.]
1[4A. Ban on advertisement.—If any person,— 1[4A. 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;
(b) prints or publishes or circulates any advertisement referred to in 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.]
5. Agreement for giving or taking dowry to be void.—Any agreement for the giving or taking of dowry
shall 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— —(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 1[three months] after the date of marriage; or
(b) if the dowry was received at the time of or after the marriage, within 1[three months] after the
date of its receipt; or
(c) if the dowry was received when the woman was a minor, within 1[three months] 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[(2) If any person fails to transfer any property as required by sub-section (1) within

the time limit specified therefor, 3[or as required by sub-section (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 4[which shall not be less than five thousand rupees, but which may extend to ten
thousand rupees] or with both.] 1[(2) If any person fails to transfer any property as required by sub-
section (1) within the time limit specified therefor, 2[or as required by sub-section (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 3[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: 3[Provided that
where such woman dies within seven years of her marriage, otherwise than due to natural causes, such
property shall,— 2[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.] 5[(3A) Where a person convicted under sub-section (2) for failure to transfer any
property as required by sub-section (1) 3[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, 6[her
heirs, parents or children] 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, 6[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, 6[her heirs, parents or children]. 4[(3A) Where a
person convicted under sub-section (2) for failure to transfer any property as required by sub-section
(1) 2[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, 5[her heirs, parents or children] 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, 5[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, 5[her heirs, parents or children]."
(4) Nothing contained in this section shall affect the provisions of section 3 or section 4.

1[7. Cognizance of offences.—
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),—

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