Our previous post 'NRI's and Related Offences (Part 1)' dated 15 June, 2013 in which different sections of Indian Penal Code as 498A, 306, 304B in connection with the harassment to the married women were discussed. This harassment may be in the form of demand for Dowry. The Government of India has made a special act to deal with such cases of Dowry. This act is known as Dowry Prohibition Act which came into force in the year 1961.
The government of India has made some special provisions in law i.e. Indian Evidence Act for the protection of women in India.
What is the difference between Dowry and Presents/Gifts ?
Dowry : Dowry means any property or valuable security given or agreed to be given directly or indirectly :
- by one party to the other party to a marriage.
- by parent or any other party to a marriage
at or before or after the marriage in connection with marriage of said parties.
It does not include dower or mahr in the case of persons to whom Muslim Personal Law applies.
Presents/Gifts : Gifts or presents are given at the time of a marriage to the bride or bridegroom without any demand.
Condition is that such gifts/presents are entered in a list maintained as per rules framed under this act.
Presents/gifts should be of customary nature and their value should not exceed the financial status of the person by whom or on whose behalf such gifts are given.
How list of gifts/presents is maintained ?
As per rules framed under this act, the list of gifts given to the bride is maintained by bride and the list of gifts given to the bridegroom is maintained by the bridegroom.
Every list of gifts/presents :
- shall be prepared at the time of marriage or immediately after the marriage.
- shall be in writing.
- shall contain description/value of each present, name and description of the person giving present.
- shall be singed by both bride and bridegroom.
The bride or bridegroom may obtain either or both the lists.
Other important points :
So let us take a quick review of the some other important points of this act :
Offences under this act are cognizable, non bailable and non compoundable.
Burden of proof lies on accused.
State government may appoint Dowry probation officers under this act.
If any persons gives or takes or abets the giving or taking Dowry, punishment under this act is not less than five years with fine not less than Rs 15000.
If any persons demands Dowry minimum 6 months to 2 years.
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Offer of money or property through advertisement for marriage is also punishable.
If Dowry is given for the benefit of wife or her heirs is received by any person other than the married woman, it will be transferred to the married woman with in three months. If such woman dies within seven years of her marriage, not due to natural causes such property shall:
If she has no children, be transferred to her parents.
If she has children,be transferred to the children.
Hi sir!! I felt in love with a guy who was already engaged. We both tried to convince our parents, but they do not accepted for our marriage. And that guy was forcely got married with the girl he was engaged before. Since that girl knew about our love, she always raised doubts on her husband which led to several disutes among them.She thought that her husband is still in contact with me and she came to our house and created a menace. Our family reputation has gone because of this. By knowing this, that guy became serious on her and they both finally decided to take divorce. So she gave a complaint against him stating that the guy married me and cheated her. She also created a fake receipt showing that we both got married at a temple secretly. Now the case is going on. The majestrate ordered the police to investigate whether this second marriage is done or not. By knowing this, my parents were greatly depressed. We don't know how the investigation will be carried out. We belong to a poor family. Because of that girl, our entire reputation gone bad. Anyways she could not submit any other proof regarding the second marriage since it donot took place. So I kindly request you to give me advice on how to come out if this case. Also please tell me how this investigation will be done. Thanks in advance
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