REMEDIES AVAILABLE | |
Giving, taking and demanding dowry is a criminal offence under the Dowry Protection Act and the Indian Penal Code. Under the Dowry Prohibition Act only Metropolitan Magistrate or the Magistrate of the first class is competent to try these offences | |
A Complaint may be made in the following manner: | |
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The Code of Criminal Procedure shall apply to offences under the Dowry Prevention Act as if they were cognizable offences (cognizable offence is one in which a police officer may arrest without warrant)
Every offence under this Act is a non bailable and non compoundable offence (that which cannot be compromised or settled out of court, between the complainant and the accused, at any stage of the trial) | |
BURDEN OF PROOF | |
Where any person is prosecuted for taking or abetting the taking of any dowry or the demanding of dowry, the burden of proving that he has not committed an offence shall be on him. (One of the principles of the Indian Criminal Law is that a person is innocent until proven guilty and the onus of proving the guilt is on the complainant / prosecutor. This onus has been shifted in certain specific offences such as Dowry, Rape, etc.). | |
PENALTY FOR TAKING OR GIVING DOWRY | |
The giving, taking or even abetting to give or take dowry amounts to an offence punishable with imprisonment for not less than 5 years and with fine which shall not be less than RS. 15,000 (Fifteen thousand) or the amount of value of the dowry, which ever is more. | |
PENALTY FOR DEMANDING DOWRY | |
If any person demands directly or indirectly, from the parents or other relatives of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with an imprisonment for a term which shall not be less than six months but which may extend to two years and with fine which may extend to RS. 10,000 (ten thousand) | |
LIMITATION | |
There is no period of Limitation for filing a complaint under the Dowry Protection Act. For example: If a person was harassed for dowry in the year 1996 she can file a complaint in the year 2001 or even later as for prosecution under the Act bar of limitation has been removed. | |
DOWRY PROHIBITION OFFICERS | |
The Act also empowers the State Government to appoint Dowry prohibition officers and they have the following powers and functions. | |
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DOWRY DEATHS | |||||||
The Indian Penal Code provides that where any women dies an unnatural death within seven years of her marriage and it is shown that she was harassed or subjected to cruelty by her husband or his relative for dowry, such death shall be called a Dowry death. The husband or the relative shall be deemed to have caused the death of the women. The offence is punishable with imprisonment of not less than seven years (Section 304B Indian Penal Code).
CRUELTY/
HARASSMENT TOWARDS WOMEN Whoever, being a husband or
relative of the husband subjects such women to cruelty shall be
punished with imprisonment for a term of three years.
Cruelty has been defined
as: Any conduct which is likely to
drive the women to commit suicide or to cause grave injury or
danger to life, limb or health (Mental or physical) of the women,
or Harassment with a view to
coercing her or any person related to her to meet any lawful
demand for property or valuable security or is on account of
failure by her or any person related to her to meet such demand.
(Section 498A Indian Penal
Code |