Dowry : Gender bias in law

File a petition u/s 91 CrPC and ask her to submit evidence as per Indian Evidence Act 1872 in support of her allegation.

Ref: -

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg


https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

Dear Querist

section 91 of Cr.P.C is as below

91. Summons to produce document or other thing.

Dear Querist

as per your queries my opinion as under

Read Section 7 of DPA as mentioned below

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.

Hon'ble Nadeem qureshi sir,

Wife has written that, she has given dowry, in the criminal court(DV case)

1. May I give a new petition in the court.

2. May I request Magistrate that they have given dowry by written, that it is offence, Will you please take action under the DPA3,4 

Hon'ble Laxmi kant joshi sir,

How can I request the DV Case Magistrate to take action against wife Under DPA3?

1. Shall I file any affidavit/petition? Procedure?

2. Is this factor help me to dismiss the DV case or case will continue?

Sir, In my case they already have accepted given dowry. I want take action only.

So I am planning to inform DV case magistrate or file new case under section DP3.

Dear Querist

You can file a criminal complaint against her before court under section 190/200 of Cr.P.C

In the case wife has written open state. She involved dowry offence mean she accept she is a criminal. How can one criminal file a case.

Hon'ble Laxmi kant joshi

Hon'ble Prakash.S.Thakkar

Hon'ble Nadeem Qureshi 

Thank you very much for your replies. 

Today my advocate accept your points. But my advocate take little time for arguments, some open statement from wife front of magistrate then he will take action. He not take any action I will file new case in my place. 

In the first place whether she alleged  in her DV case that you have demanded dowry from her? As per the provisions of section 3 of DPact, which is given below, dowry giving and taking is an offence. 

"

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:]"

Now, since you have already denied to have demanded dowry or received dowry in your written statement, upon this, have you established or confirmed your stand of not receiving/demanding dowry from her parents through cross examination? if not do it, make her to commit that you have demanded and received dowry and shoot strategic questions about the evidences to establish her false statements, subsequently you may file a petition u/s 91 of Cr.P.C. before the same court requesting the court to instruct/direct her to produce the evidences for the dowry demand which have been admitted by her in her cross examination. I don't think she will be able to produce evidence, thus she will be trapped for having committed a blunder mistake, on which you can file another petition before the same court u/s 340 Cr.P.c. for perjury causing you mental agony with false statements and false cases with false allegations.  Thus, in my opinion, it will be better to proceed as above instead of filing a separate case u/s 3 of DP act which may not sustain.