SOCIOECONOMIC OFFENCES- UNIT II

DOWRY PROHIBITION ACT, 1961

Sanjana Mittal

Guest Faculty

Faculty of Law

University of Lucknow

Lucknow

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 DOWRY PROHIBITION ACT, 1961

Meaning of dowry

Aims and objectives

Dowry prohibition officers

Dowry to be benefit for wife or heirs

INTRODUCTION TO DOWRY PROHIBITION ACT-

➢ Objective of Dowry Prohibition Act

➢ Summary of Dowry Prohibition Act
➢ Critical analysis of Dowry Prohibition Act

DEFINITION AND MEANING OF DOWRY-

➢ Objective of Dowry Prohibition Act

➢ Definition- Elements of definition of Dowry
➢ What is included in term dowry and what is excluded from it
➢ Concept of Stridhan
➢ Critical analysis of the definition of Dowry
➢ Legal provisions making a reference to the definition of Dowry

PENALTY FOR DEMANDING/ GIVING/ TAKING DOWRY

➢ Reference to Sec 3 and 4

DOWRY TO BE FOR THE BENEFIT OF THE WIFE OR HER HEIRS

Explanation of the elements of Sec 6
Critical analysis of Sec 6

****** THE TOPICS NEED TO BE COVERED IN REFERENCE WITH VARIOUS

CASE LAWS ON EACH OF THEM.
Summary of the act-

PROVISIONS DETAILS
Section 1 short title, extent and commencement.
Section 2 defines the term “Dowry”
Section 3 and 4 provisions relating to penalty for giving or
taking dowry and penalty for demanding
dowry.
Section 4-A prohibits advertisement regarding material
(inserted by the Amendment act, 1986 with benefits as consideration for the marriage of
effect from 19-11-1986) his son or daughter or any other relative.
Section 5 declares the agreement for giving or taking
dowry to be void.
Section 6 states that in certain circumstances giving or
taking of dowry is permitted if it is for the
benefit of the wife or her heirs.
Section 7 and 8 deal with the offence relating to the dowry
prohibition.
Section 8-A and 8-B deal with the burden of proof in certain cases
which lies on the prosecuted person, and he has
to prove that he has not committed an offence
under Section 3 or 4, whereas Section 8-B
makes provision for appointment of the dowry
prohibition officers to discharge certain
functions.
Section 9 and 10 make provisions for the Central Government
and the State Government to lay down rules for
the purpose of the Dowry Prohibition Act,
1961.
Certain provision of the Indian Penal Code, 1860 such as Sections 304-B, 306, 300, 302, 405,
406, 498-A (3) have been made applicable to the Dowry Prohibition Act, 1961.
 property/
valuable
security

in cosideration given or agreed

for marriage to be given

Elements
of
Dowry
by- party/
parents/ any
peron
at any time
to- party/
parents/ any
person

directly or
indirectly