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kirankumar (Part time Employee/ student of BL)     05 November 2008

Is there any time limit to file the complaint under DP act section 3

What is the time limit to file the complaint under DP act  section 3 in Andhra Pradesh ?


In one case the opponents had filed the case under section 498A, section34 and DP 3&4 Fir was registered and Charge sheet was filed .

 

Fact was He never demanded for dowry and did not taken any dowry



 


 



Learning

 3 Replies

Prakash Yedhula (Lawyer)     05 November 2008

 Demand of dowry under section 4 is not a continuing offence but every demand of dowry whenever repeated constitutes another offence and the date of commission of offence under section 4 would be when the demand was made initially and also when the said demand was repeated afresh. The offence of demanding dowry stood committed even before the marriage was performed and also when the demand was repeated again and again after the performance of marriage in respect of the same items of dowry; Harbans Singh v. Smt. Gurcharan Kaur alias Sharan Kaur, 1993 Rec. Cr. R 404 (del).


On 30th January, 2008, a two Judges Bench in Ran Singh and Anr. vs State of Haryana andAnr. [Criminal Appeal No.222 of 2008] referring to the word 'dowry' as defined in Section 2 of theDowry Prohibition Act, 1961 held that "there are three occasions related to dowry. One is beforethe marriage, second is at the time of marriage and the third 'at any time' after the marriage. Thethird occasion may appear to be unending period. But the crucial words are 'in connection withthe marriage of the said parties'." Other payments which are customary payments e.g. given atthe time of birth of a child or other ceremonies as are prevalent in different societies are notcovered by the expression 'dowry'."

aatma   06 November 2008

Prakash Sir,


In my FIR they have mentioned 3 events regarding dowry demand along with other story:


1. On the engagement day my family demanded cash and jewells and her father agreed and did so.


2. After 2 years of marriage, my mother demanded Rs.50,000 for baby shower, but her father said he cannot pay that much cash but gave Rs.5000. Her father did not meet our demand so my mother and me harassed her and beatern her while she was pregnant.


3. After her delivery me and my mother, and my sister demanded "CAR"  for my sister.


All these 3 points are false and drafted by her lawyer to attract DP4 and 498a.


Based on the judgement  that you have mentioned "Cusomary payments are not dowry" and also DPact section 5. AGREEMENT FOR GIVING OR TAKING DOWRY TO BE VOID-Any agreement for the giving or taking of dowry shall be void..


What is the meaing of DPact section 5?  Can I use these points to make those first 2 allegations invalid?  Is it possible? 


Thanks.

aatma   06 November 2008

Kiran,.


If you see DPact 3 in the FIR, police has to file FIR against the dowry giver too.- If 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 termwhich shall not be less than five years, and with fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more.                                                                                  Check this site some people filed DP3 against the dowry giver in Delhi  https://www.ghrs.in/index.php?option=com_content&task=view&id=98&Itemid=128


3. PENALTY FOR GIVING OR TAKING DOWRY.


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