DP means Dowry Prohibition Act. Under Sec 3&4 of the Act, Giving dowry as well as accepting dowry is illegal and the same is punishable.
Dowry Prohibition Act, 1961
sec 3. Penalty for giving or taking dowry. -(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 with imprisonment for a term which shall not be less than 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 adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than five years.
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.
You can file DP3 against your wife and her parents if they claim that they have given dowry to you without any demand at your part and they have given the same. However, if there are such circumstances that without dowry marriage of their daughter with you is not possible than they are not liable for the offence u/s 3 DP Act.
Even there is no dowry demand and they give and later file 498a then Girl will be Aggrived person. Read DP7(3) [ http://mynation.net/laws/bare-acts/dowry/dp-s7.htm ] where it says “a statement made by the person aggrieved by the offence shall not subject such person to a prosecution under this Act.” that if you refer her 498A FIR or complaint. if you are reporting DP3 without any reference to OP FIR, police is bound to take your FIR and Charge sheet.
A plain reading of the above provision would go to show that giving or taking of dowry as well as abetment of giving or taking of dowry is an offence punishable under the Act. On the basis of the statements made before the Court by P.Ws. 1 to 3 admitting that they gave dowry, can they be tried as accused in the same trial, is the question.
Section 319 Cr.P.C., deals with the adding of a person not being an accused as an accused to be tried together with the accused. For invoking that Section, it must appear from the evidence tendered in the course of any inquiry or trial that any person not being an accused has committed any offence for which he could be tried together with the accused. Thus, this Section contemplates existence of some evidence appearing in the same trial where from the Court can prima facie conclude that the person not arraigned before it is also involved in the commission of the crime for which he can be tried with those already named by the police.
Under sub-section (4) of Section 319 Cr.P.C., where the Court proceeds against any person under sub-section (1), then, the proceedings in respect of such person shall be commenced afresh and the witnesses re-heard, subject to which the case may proceed as if such person had been an accused person when the Court took cognizance of the offence upon which the inquiry or trial was commenced.
If they were examined as witnesses, are added as accused and arrayed in the list of the accused persons, the proceedings in respect of them shall have to be commenced afresh and the witnesses re-heard. It means they have to give evidence against themselves which is not permission under law. Clause (3) of Article 20 of the Constitution provides that no person accused of any offence shall be compelled to be a witness against himself. This protection is available to the person accused of an offence not merely with respect to the evidence to be given in the Court room in the course of trial but is also available to him at the previous stages, if an accusation has been made against him which might, in the normal course, result in his prosecution. It follows that the protection is available to a person against whom the formal accusation has been made though the actual trial may not have commenced as yet and if such an accusation relates to the commission of an offence which in the normal course may result in prosecution
in the matter of Neera Singh Vs. State (Govt. of NCT of Delhi) & Ors, 138 (2007), and as per Section 3 of the Dowry Prohibition Act, 1961, giving of dowry is also prohibited and is a punishable offence.
Superintendent of Police,
Office of the Superintendent of Police
Your Name and Address
Subject: Reporting cognizable offence under CrPc / u/s.3 of Dowry Prohibition Act.
Grounds for this complaint
I Mr.x Resident of y married to Ms. Sunita (D/o Out laws name and address) on 15/07/1947 at Delhi as per Hindu rites; at the time of marriage without any demand Ms. Sunita parents along with her brothers, nana nanee, kaka, kaki(include everyone name) gave me dowry.
Above mentioned allegation of giving dowry, though denied by myself taking it, is a cognizable offence under Section 3 of Dowry Protection Act 1961[DP3]. please find witness statement attached herewith (attach wintess statement / photos of wedding)
Giving or taking dowry is an cognizable offence and punishable up to 5 Year. I request to you to direct SHO of xxxx station(Where FIR to be registered) to lodge the FIR against Ms.(Wife Name), Mr (FIL Name),Mrs (MIL Name) Mr (BIL Name) & Ms(SIL Name) Giving dowry under Sec 3 of DP Act is cognizable offence and it is mandatory for SHO to take cognizance of such crime which happened in his jurisdiction.
Along with the complaint I am submitting the rulings High Court of India which make him mandatory to book Ms.(Wife Name), Mr (FIL Name),Mrs (MIL Name) Mr (BIL Name) & Ms(SIL Name) under section 3 of DP Act, it being cognizable offence.
Further Learned SSP, go through these rulings and understand them very well and direct SHO(Where FIR had registered) to take action against my wife and in-laws & other relatives to register FIR for congnizable offence like “Giving Dowry” under Section 3 of DP Act.
Having said that, I hereby request you to kindly take cognizance of above mentioned criminal offence and proceed to register FIR immediately against Smt.Sunita’s parents for giving dowry u/s 3 of DP Act and by abiding by Rule 2 of Dowry Protection Act, 1985.
I. wintness statement
II.Photos of wedding
Cc: Dy. Commissioner,
IGP, Western Range.
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also Please refer Real DP3 complaint where OP was charged http://mynation.net/docs/dp3/