Definition of dowry under dowry prohibition act

The Dowry Prohibition Act 1961 does not bar traditional giving of presents at or about the time of wedding.

Are presents or dowry given by the parents is not at all within the definition of the statute?

DEFINITION OF DOWRY

The definition of dowry which is defined u/s -2 of the Dowry Prohibition Act 1961. Which says:-  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 a marriage; or

by the persons 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 or any time after the marriages in connection with the marriage of said parties but does not include dower or mahr in case of persons to whom the Muslim personal law (shariat) applies.

ANALYSIS 

To gather an understanding of the coverage of this law, the definition in Section 2 has to be read in conjunction with Section 3 which provides for the penalties for the act of giving or taking of dowry. Under this provision, exemptions are provided to the following categories of exchanges:

• Presents given at the time of the marriage to the bride without any prior demands being made for such presents.

• Presents that are “customary” in nature and of a value that is not excessive having regard to the financial status of the person by whom, or on whose behalf such presents are being given.

• A list of all such presents have to be maintained according to the Rules formulated under this law.

1. Inder Sen vs State, 1981 Cr LJ 1116 (Del.):: Anything given or agreed to be given after was not dowry unless it was agreed or promised to be given as 'consideration of marriage'.
2. In RAM SINGH VS STATE OF HARYAY 1998 8 SCC, it was held that additional demand for dowry is also covered in the definition of dowry.
3. In the matter of Appasaheb and Anr. Vs. the state of Maharashtra held that “Demand for money on account of some financial stringency or for meeting some urgent domestic expenses cannot be termed as a demand for dowry as the said word is normally understood. dowry means any property or valuable security to be given or agreed to be given either directly or indirectly at or before or any time after the marriage and in connection with the marriage of the said parties hence a correlation between the giving or taking of property or valuable security with the marriage of the parties is essential “
4. Giving gifts or presents by either the bride or groom at the wedding is not punishable when it has been done voluntarily.
5. The gifts should be entered in a list, according to the rules (Rule 2 of the Dowry Prohibition (Maintenance of Lists and Presents to the Bride and Bridegroom) Rules, 1985).
6. Gifts from the bride's side should be according to custom and as per financial capacity of the person.

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