ADMISSION OF DOWRY GIVING IS NOT PUNISHABLE – DELHI HIGH COURT SAYS SO:
Repeatedly on this portal it has been canvassed that if dowry taking is an offence, the dowry giving is itself an offence under the dowry Act and hence, the wife and her parents shall be punished. It has also been advised that the husband who is facing dowry charges must register FIR under the dowry Act against his wife and in-laws for giving dowry and give them the taste of criminal law and retaliate for filing Section 498-A case. In support of their argument, the judgment of Neera Singh Vs. State (138 – 2007-DLT-151) delivered by Justice S.N. Dhingra of hon’ble Delhi High Court and the judgement of Justice Kamini Lau, Additional Sessions Judge are relied.
The hon’ble Delhi High Court speaking through Justice Ajit Barihoke in “Pooja Saxena Vs. State” (W.P. Crl. No.501 of 2010) on 20th October, 2010 held that the dowry givers are not punishable under the Act by virtue of the protection given to them in Section 7(3) of the Act. This judgement took into consideration that how the wife and her family become “the victim of circumstances” while giving the dowry. The judgment of “Pooja Saxena” delivered by Justice Ajit Barihoke and the judgment of “Neera Singh” delivered by justice S.N. Dhingra are single bench judgments and have no over-riding effect, the former referred the later judgment and distinguished it on the basis of law, as the latter judgment has not taken into consideration of Section 7 (3) of the Act. I attach herewith the “Pooja Saxena” judgment for your ready reference.