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:

  1. A complaint may be filed in the court of the Metropolitan Magistrate or the Magistrate of the first class by the following

    1. The person aggrieved of the offence

    2. A parent or

    3. Other relation of such person or

    4. By a recognised welfare institute or organisation

  2. A complaint may be filed by the above mentioned persons in the police station or in the crime against women Cell who then make an investigation in the matter and report the facts to court which then takes cognizance of the matter. (Cognizance means notice or knowledge upon which a judge is bound to act)

  3. The Metropolitan Magistrate or the Magistrate of the first class may take cognizance himself if such facts come to his own knowledge.

  4. A complaint may be filed under the Indian Penal Code for cruelty by husband or relatives of husband.

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)

  1. for the purpose of investigation of such offences.

  2. arrest of a person without a warrant or without order of a magistrate.

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.

  1. To ensure the compliance of the Act.

  2. To prevent the taking or demanding of dowry.

  3. To collect evidence necessary for the prosecution of persons committing offence under the Act.

  4. To perform additional functions as may be assigned to him by the State Govt.


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:

  1. 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

  2. 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

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