Whether counter case can be filed u/s d.p act-2005
Raman
(Querist) 12 September 2012
This query is : Resolved
My brother fatherin law has filed case under Dowry prohibition Act-1961( Section 3,4) along with sections 498-A/406 at his home town but the marraige was solemnised in Delhi and implicated my name in the aforesaid sections
Since section 3 of Dowry Prohibition Act is on giving and taking dowry in which complainant can also be booked for giving the dowry( As I have heard in news that one lawyer has filed the case against the in laws of boy for giving Dowry)
In such circumstances, I have nothing to do but since the charges has been imposed on me whether its correct that I should also file the counter case u/s 3 of Dowry Prohibition Act for giving Dowry?
ajay sethi
(Expert) 12 September 2012
Penalty for giving or taking dowry.-
1(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 2 with imprisonment for a term which shall not be less than 3 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:]
Provided that the Court may, for a adequate and special reasons to be recorded in he judgment, impose a sentence of imprisonment of a term of less than 4 five years.]
5(2) Nothing is sub section (1) shall apply to, or in relation to, -
(a) Presents which are given at the time of a marriage to the bride (without any demand having been made in that behalf).
(b) Presents which are given at the time of a 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 the rules made under this Act.
your defence ought to be that these presents were given to briegroom without any demand having been amde by your family . your brother father in law has to prove that these demands were made
Raman
(Querist) 12 September 2012
Thanks for reply.Sir my query is apart from defence whether I/We can file the case for giving Dowry which is also offence under section 3 of Dowry Prohibition Act..In the FIR its stated that he has given articles in form of gifts to the bride at the time of marraiage which we have not demanded in any shape or form?
ajay sethi
(Expert) 12 September 2012
if father in law has given dowry pursuant to demands made by your family he is guilty . as section 3 punishes dowry giver too
Raman
(Querist) 12 September 2012
Sir, we have not demanded dowry In FIR its stated that he has given gifts at the time of marraiage whether filing case under section 3 of Dowry Prohibition Act will go against us?
Raman
(Querist) 12 September 2012
In FIR its has written that he has given gold, TV furniture, Car etc n the form of gift articles to his daughter but no list has been prepared in accordance with act..whether he can be punished under section 3 of Dowry Prohibition Act??
