Dowry prohibition act 3/4
Ajay Sharma
(Querist) 03 May 2013
This query is : Resolved
Hi Experts,
My cousin's wife put 498a, DP 3/4 and 506 section, I would like to Know more about DP 3/4.
The marriage of my cousin happened last year in (Bhubaneswar) both (girl and boy)are working in Bangalore basically both are from Udisa but the girl father settle down in Bangalore and living there from the past 20 years. The girl side wanted that the marriage should took place in Bangalore but my cousin want that marriage should be from Bhubaneswar and lastly they (girl side)agree but they asked for engagement to be in Bangalore only.
Becaz they have no relatives in Bhubaneswar they asked my cousin side to take care of all the marriage-arrangement/expenses and for that they transferred 2-lakhs Rs to my cousin father’s A/C after the engagement.
my uncle (the boy father)who went to Bhubaneswar 30 days before to make all the arrangement and girl side who came just two days before the marriage and took no pain in making all the arrangements .
Mentioned in the FIR that 2 lacks rs given as dowry becaz boy side has threaten to cancel/breakdown the marriage if the demand not met. Which is totally false my cousin is earning rs 70000 per month for just 2 lakhs rs why one should cancel the marriage?
Please advice how to proceed further charge sheet still not submitted.
Thanks.
ajay sethi
(Expert) 03 May 2013
offer to return rs 2 lakhs . what was total expenses for marriage . state that sum of rs 2lakhs was not for dowry but for making arrangement for accommodation of girl and her family . you must be having supporting documents regarding payment made to hotel for the guests
Raj Kumar Makkad
(Expert) 03 May 2013
The girl side cannot face the cross-examination when true facts shall be put to them while either of them come in the witness box. There are many ways to highlight the wrong and illegal facts.
Ajay Sharma
(Querist) 07 May 2013
hi
Respected experts,
I checked with my cousin he was telling that there are few reciepts but the prb is which is not equal of two lakhs rs as there are lots of miscelleneous expenses which was paid in the form of cash.
may I know is there any other alternative to come out of this trap,As this is the fight of ego giving 2 laks rs is not a big deal but just to harassed boy side they are doing so.
Its obvious that girl side always say that they were threaten to cancel the marriage and bla bla but the fact is same boy B4 (marriage)one year is most eligible bachelor in this world for them.
failure of marriage in india is happened becaz of thousand of reason but ends at only dowry.
Pls advice us sir what else we can do in this case.
Thanks
Ajay Sharma
(Querist) 12 May 2013
hi
Respected experts,
I checked with my cousin he was telling that there are few reciepts but the prb is which is not equal of two lakhs rs as there are lots of miscelleneous expenses which was paid in the form of cash.
may I know is there any other alternative to come out of this trap,As this is the fight of ego giving 2 laks rs is not a big deal but just to harassed boy side they are doing so.
Its obvious that girl side always say that they were threaten to cancel the marriage and bla bla but the fact is same boy B4 (marriage)one year is most eligible bachelor in this world for them.
failure of marriage in india is happened becaz of thousand of reason but ends at only dowry.
Pls advice us sir what else we can do in this case.
Thanks
prabhakar singh
(Expert) 12 May 2013
You say you want to know more about section 3 & 4 of D.P.Act.
Under s.3 Not only taking but even GIVING of Dowry is an offence.
Read the text:
3. Penalty for giving or taking dowry.-(1) 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 term which shall not be less than five years, and with the fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more:
Provided that the Court may, for adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than five years.
* * * Explanation I omitted by Sec.2 w.e.f 2nd October, 1985
(2)Nothing in sub-section (1) shall apply to or, in relation to,-
presents which are given at the time of a marriage to the bride (without nay demand having been made in that behalf):
Provided that such presents are entered in list maintained in accordance with rule made under this Act;
presents which are given at the time of marriage to the bridegroom (without any demand having been made in that behalf):
Provided that such presents are entered in a list maintained in accordance with rules made under this Act;
Provided further that where such presents are made by or on behalf of the bride or any person related to the bride, such presents are of a customary nature and the value thereof is not excessive having regard to the financial status of the person by whom, or on whose behalf, such presents are given.
Section 4 is about demand of dowry.
Read the text:
4. Penalty for demanding dowry.- If any person demands directly or indirectly, from the parents or other relatives or guardian of a bride or bridegroom as the case may be, any dowry, he shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years and with fine which may extend to ten thousand rupees:
Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months.
Hence section 4 gets attracted when a demand of dowry is made,that becomes offence.
The cumulative effect of two sections is that legislative intent is that there should not be any negotiation about gifts
to take place for a marriage.Hence very demand has been declared offence.
So when a demand of dowry is made law expects the person from whom demand was made to lodge FIR against the person who made the demand.
This is why law prohibits giving as well as taking of dowry punishable under section 3.
In practice girlside use it as a weapon when daggers drawn gets ripped.
They say DOWRY WAS GIVEN stating some compulsion.To me lodging FIR that Dowry was given is an admission or confession of commission of an offence undersection 3
and police should make girl side people accuse of having given dowery at once the
lodge FIR.
But unfortunately there is section 7(2)in the Act which makes provisions of section 3
redundant with respect to giving of dowry.
7. Cognisance of offences.- (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),-
no Court inferior to that of a Metropolitan magistrate or a Judicial Magistrate of the first class shall try any offence under this Act;
no Court shall take cognizance of an offence under this Act except upon –
(i) its own knowledge or a police report of the facts which constitute such offence, or
(ii) a complaint by the person aggrieved by offence or a parent or other relative of such person, or by any recognized welfare institution or organization:
it shall be lawful for a Metropolitan Magistrate or a Judicial Magistrate of the first class to pass any sentence authorized by this Act on any person convicted of any offence under this Act.
Explanation.- For the purposes of this sub-section, "recognised welfare institution or organization" means a social welfare institution or organization recognized in this behalf by the Central or State Government.
(2) Nothing in Chapter XXXVI of the Code of Criminal Procedure, 1973 (2of 1974), shall apply to any offence punishable under this Act.)
Notwithstanding anything contained in any law for the time being in force, a statement made by the person aggrieved by the offence shall not subject such person to a prosecution under this Act.
Ajay Sharma
(Querist) 12 May 2013
Thanks sir for your valuable info.
but as per my cousin case as they are
telling that its an dowry which is demanded by us after the engagement.I would like to know only by mere saying in the court that it was not dowry but an marriage expenses will court listen to us.
prabhakar singh
(Expert) 12 May 2013
They need to prove their version of story.
You need to prove your version of story.
In court of law a party needs to prove what it says for which evidence is required.
If one man common to both of parties favors you to approve your version,you would sail the boat.
Otherwise all shall depend on master peace cross examination of their witnesses .
