Whether case of dowry prohibition act can be filed against giver?
Mentally Depressed
(Querist) 10 August 2012
This query is : Resolved
My sister in law has filed case of Dowry Hrassment againat me and my family..In FIR its mentioned that during time of marraige cash, ornaments worths of lahs were given as gift(NO LIST HAS BEEN MADE)..The session court has granted us Anticipatory bail as it failed to specify who has demanded dowry during and after marraige and in what shape?..Though the allegations are very vague to settle scores..My query is whether case of Dowry Prohibition Act can be filed aginst them as they has forcibly given gifts/articles to show their symbolic status to their relatives which has not been demanded us?..Kindly inform at what convenient stage its needs to be filed?
Guest
(Expert) 10 August 2012
You can file a case. But the question arises, how would you prove that dowry was given forcefully? I don't think anyone can be compelled by the girl's parents to take dowry, if he is not interested. Better be truthful in your statement and concentrate on your defence in the existing case.
Nadeem Qureshi
(Expert) 11 August 2012
no, the case can not be filed against them because they are protected by section 7 of the Dowery Prohibition Act
7. Cognizance of offences –
1(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),-
(a) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence under this Act.
(b) 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 the offence or a parent or other relative of such person, or by nay recognized welfare institution or organisation.
(c) It shall be lawful for a Metropolitan Magistrate or a Judicial Magistrate of the first class to pass any sentence authorised by this Act on any person convicted of an offence under this Act.
Explanation - For the purpose of this sub section, "recognized welfare institution or organisation" means a social welfare institution or organisation recognized in this behalf by the Central or State Government.
(2) Nothing in Chapter XXXVI of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply to any offence punishable under this Act.
2(3)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.]
COMMENTS
(i) The point of time at which the legality of cognizance is to be judged is the time when cognizance is actually taken; M.L. Sethi v. R.P. Kapur, AIR 1967 SC 528.
(ii) The expression 'to take cognizance' has not been defined in this Act nor in the Criminal Procedure Code. The word 'Cognizance' is however, used in the Code to indicate the point when the Magistrate takes judicial notice of an offence. It is a word of indefinite import and is perhaps not always used in exactly the same sense; Darshan Singh v. State of Maharashtra, AIR 1971 SC 2372.
(iii) Taking cognizance is a judicial action taken with a view eventually to prosecution and preliminary to the commencement of the inquiry or trail; Food Inspector v. Laxmi Narayan, 1969 Cut LT 863.
(iv) If a Magistrate has no jurisdiction to try an offence, he is not barred from taking cognizance of the offence; Jaddu v. State, AIR 1952 All 873.
You should read section 7 (3).
Feel free to call
Mentally Depressed
(Querist) 12 August 2012
How can they be protected under section 7 of Dowry Prohibition Act-, which defines the cognizance of offence which can be initiated through complaint filed before the M.M
I am quoting section 3 which defines the penalty
3. 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.
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
Mentally Depressed
(Querist) 12 August 2012
.I have quoted section 3 of the Dowry Prohibition Act which defines the penalty for giver..If any one gives dowry from bride side to bride at the occassion of marriage and if the list has not been prepared according to the rules,then its also amount to dowry??
Sudhir Kumar, Advocate 
(Expert) 12 August 2012
You can very well read section 3 in isolation as you feel it suits you. You cannot ignore section 7.
For alleging opposite party to have given the dowry, you have to admit that exchange of dowry (as defined in section 3) from them to you took place. This is exactly what they have to prove against you.
