Section 7(3) of the dowry prohibition act
manoj
(Querist) 12 May 2013
This query is : Resolved
I would like to know Section 7(3) of the Dowry Prohibition Act 1961. please help...
manoj
prabhakar singh
(Expert) 12 May 2013
There is no 7(3).It is 7(2).Did you see 7(3) in any judgement then compare it with 7(2).
7. Cognisance of offences.- (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2of 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.
Raj Kumar Makkad
(Expert) 13 May 2013
Though your query is entirely an academic but even then Mr. Singh has duly attended it.
