Everyone think Dowry Prohibition Act 1961 is Gender nuetral, as there is clause of “Penalty for giving or taking dowry”
It Says ” If any person, after the commencement of this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable 2 with imprisonment for a term which shall not be less than 3 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 a adequate and special reasons to be recorded in he judgment, impose a sentence of imprisonment of a term of less than 4 five years.
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 wherefrom 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
So when you are Arrested or Charged for taking Dowry, Your in-laws to be inside the jail to welcome you for Giving Dowry.
thats what most of the men think, if they File Section 3 of Dowry Prohibition Act 1961 in short it is called DP3, and it is also Justified 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.
But when you file Section 3 of Dowry Prohibition Act 1961 on Girl and her Family they will defend with Section 7(iii),
Section 7(iii) says “Notwithstanding anything contained in any law for the time being in force, a statement made by the person aggrieved by the offence shall not subject such person to a prosecution under this Act”
It means Girl side is “person aggrieved“, so they cannt be Charged or Tried under Section 3 of Dowry Prohibition Act.
So those who drafted this “Dowry Prohibition Act” drafted it so cunningling even this law is misused, Girl side should not be charged even for Giving Dowry.
but still there is a HOPE, You will be a Winner only if she says in her 498A FIR that there was no Dowry Demand at the time of marriage or Before and they gave Dowry then only you can file DP3 on them.