Wednesday, 16 April 2014

Dowry prohibition Act to reduce dowry System in India


Short Title
This Act is called as Dowry prohibition Act-1961.
ExtensionThis Act should extent to the whole of India except Jammu & Kashmir.
Definition of Dowry
In this Act, Dowry means any property or valuable security given or agreed to be given either directly or indirectly.
  • By one party to a marriage to the other party to the marriage
  • By the parents of either party to a marriage or by an other person, to either party to the marriage or to any other person
    It shall come into force on such date as the central Gov.t may, by notification in the official, appoint.
Section 2Any demand or Dowry made before, at or after marriage, where such demand is made as a consideration for marriage would attract provisions of section 2 of the act- marriage would include a proposed marriage
Also voluntary presents given at or before or after the marriage to the bride or bride-groom, of a traditional nature which has given of love, affection or regard – Not to fall within mischief of expression “dowry” punishable under the act of 1996(3) crimes 35(SC).

Section-3Section 3rd of the Dowry prohibition act relating to the offences of giving or taking of dowry is beeingamended in accordance with the recommendation of the joint committee to make the punishment for the offence more stringent.

Section-4
Section 4 of the act relating to penalty for demanding dowry is proposed to be amended to make the punishment thereunder more stringent on the lines recommended by the joint committee
Offence under the dowry prohibition act and under section, 406, IPC. Whether can stand together on the same set on facts.

StridhanThe present given to a Hindu women at the time of marriage from part of her stridhan. Husband is only the trustee of the articles and can’t use them to the detriment of his wife without her concent.

Penalty for giving & taking dowryIf 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 for a term which shall not be less than five years & with fine which shall not be less then fifteen thousand rupees or the amount of the amount of the value of such dowry, whichever is more.
Dowry prohibition officerTo see the provisions of this act are complied with
To prevent, as far as possible, the taking or abetting or the demanding of dowry