DOWRY PROHIBITION ACT 1961
Why this Act was passed ?
BACKGROUND OF THE ACT
EXTENT & COMMENCEMENT
DEFINITION OF DOWRY
DEMAND OF DOWRY
STREE-DHAN & DOWRY
If anybody other than Bride has accepted any Dowry before, after or during her marriage on her behalf the same is to be returned/given to her with in 3 months or else the person responsible will be liable fro punishment of 6 months to 2 years of imprisonment & fine on Rs.10,000/- The Court can give orders to the person concerned to transfer the property in the name of the Bride.
NON BAILABLE OFFENCE
The Offence under this Act is Non-compoundable offence, which cannot be settled out of court.
According to Section 8 (a) of the Act, the culprit has to prove that he is not guilty and that he has not accepted any Dowry. The culprit has to prove with evidence that he has not committed any offence under this Act. This rule is called Strict Liability.
DOWRY PROHIBITION OFFICER
According to the Section 8 (b) State Govt. has to appoint Dowry Prohibition Officer who has to ensure that :
I. P. C. 306
According to Indian Evidence Act Section 113-a if atrocities are proved and a woman dies a unnatural death with in seven years of her marriage, the Court will presume or take for granted that she has been driven towards suicide by her husband or relatives of her husband or in-laws. In this situation under I.P.C.306 provision of 10 years imprisonment & fine is made.
Indian Penal Code Section 304-b provides definition of Dowry Death. In case a woman dies a unnatural death with in 7 years of her marriage and it is proved that before her death she was subjected to cruelty by her husband or in-laws it will be presumed by the court that the death is DOWRY DEATH. In terms of Indian Evidence Act Section 114 provision of life imprisonment is there.