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Manohar Manu (NA)     10 January 2017

Query about dp act

Dear Legal Team,

If a magistrate writes in judgement that accused have received dowry from girl's parents, (because girl's paretns have said we have given huge dowry) and it is punishable, so im punishing him under DP act 3. So what will be punishment for girl's parents under DP act 3 for giving dowry. what is the procedure for this? Pls guide on this.

Regards,

Manohar.



Learning

 2 Replies


(Guest)
Originally posted by : Manohar Manu
Dear Legal Team,

If a magistrate writes in judgement that accused have received dowry from girl's parents, (because girl's paretns have said we have given huge dowry) and it is punishable, so im punishing him under DP act 3. So what will be punishment for girl's parents under DP act 3 for giving dowry. what is the procedure for this? Pls guide on this.

Regards,

Manohar.

5 years jail term + 15,000 fine or whatever amount was taken as dowry/given as  dowry whichever is more.

Both taker and giver of dowry is punishable with above sentence under Dowry Prohibition act 1961 u.s. 3, provided there is also an application from taker of dowry against the giver of dowry that so and so gave dowry or insisting to take dowry, and court finds it admissiable via evidences, court may order same punishment for both giver and taker of dowry and you both can jollywell do time behind jail in separate cells.  Court wont on its own take cognizance of such giver of dowry and send them to prison, it should recieve appropriate application/petition under appropriate section of Law after which trial will take place and judgement passed.  Moreover everything is left to discretion of Hon Magistrate.

 

Sudhir Kumar, Advocate (Advocate)     14 January 2017

give facts of the case instread of setting question paper.


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