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THE DOWRY PROHIBITION ACT, 1961

An Act to prohibit the giving or taking of dowry.


Be it enacted by Parliament in the Twelfth Year of the Republic of India as follows: ?
1. Short title, extent an !o""en!e"ent. # (1 This !ct may be called the "owry Prohibition
!ct# 1$%1.
(& It e'tends to the whole of India e'cept the (tate of )ammu and *ashmir.
(+ It shall come into force on such date
i
$1% as the ,entral -o.ernment may# by notification in the
/fficial -a0ette# appoint.
&. De'inition o' #o(r)#. # In this !ct# ?dowry? means any property or .aluable security 1i.en
or a1reed to be 1i.en either directly or indirectly ?
(a by one party to a marria1e to the other party to the marria1e2 or
(b by the parents of either party to a marria1e or by any other person# to either party? to the
marria1e or to any other person#
at or before
ii
$&% 3or any time after the marria1e4
iii
$*% 3in connection with the marria1e of the said
parties but does not include4 dower or mahr in the case of persons to whom the 5uslim Personal
6aw (Shariat applies.
i+
$,% 3 7 7 7 7 7 7 4
Explanation II ? The e'pression ?.aluable security? has the same meanin1 as in (ection +8 of
the Indian Penal ,ode (9: of 1;%8.
(T!T< !5<="5<=T(
?>aryana
?? ?or (ection &# the followin1 sections shall be substituted# namely# ?
?? ?2. Definitions. ? In this !ct# unless the conte't otherwise re@uires# ?
??? (i? ?dowry? means any property or .aluable security 1i.en or a1reed to be 1i.en either
directly or indirectly ?
?(a by one party to a marria1e to the other party to the marria1e2 or
?(b by the parents of either party to a marria1e or by any other person# to either party to the
marria1e or to any other person2
?at or before or after the marria1e as consideration for the marria1e of the said parties# but does
not include dower or mahr in the case of persons by whom the 5uslim Personal 6aw (Shariat
applies.
?? Explanation I. ? ?or the remo.al of doubts# it is hereby declared that any person made at the
time of a marria1e to either party to the marria1e in the form of cash# ornaments# clothes# or other
articles# shall not be deemed to be dowry within the meanin1 of this section# unless they are
made as consideration for the marria1e of the said parties.
?? Explanation II. ? The e'pression A.aluable securityB has the same meanin1 as in (ection +8 of
the Indian Penal ,ode# 1;%8 (9: of 1;%8# ?
??? (ii? Amarriage expenses shall include e'penses incurred directly or indirectly at or before
the marria1e on ?
?(a ThaCCa# (a1ai# TiCCa# (ha1un and 5ilni ceremonies2
?(b the 1ifts made by one party to a marria1e to the other party to the marria1e or by the parents#
1rantDparents and brothers of either party to a marria1e# to either party to the marria1e or the
blood relations thereto2
??? (c? illuminations# food and the arran1ements for ser.in1 food to the members of the
marria1e to party and other e'penses incidental thereto.
?? Explanation III. ? ?or the remo.al of doubts# it is hereby declared that any 1ifts made by a
person other than those specified in subDclause (b# at the time of the marria1e either party to the
marria1e shall not be deemed to be marria1e e'penses.?
?3>aryana !ct +; of 1$E%4
,omments
? A"owryB means property or .aluable security 1i.en or a1reed? to be 1i.en either directly or
indirectly by one party to the other party to a marria1e ? "oes not include? A"owrB or A5ahrB.
!"rm"kh Singh # Anr.v. State of $.%. 1$$E ,r.R. &98 (>.P
? "owry ? <.en if the demand is lon1 after the marria1e the same could constitute dowry# if other
re@uirements of the (ection are satisfied. State of $.%. v. &ikk" 'am. 1$$: ,ri.6.) 91;9 ((,.
? "owry ? 6and assi1ned as 1ift ? ?orm part of dowry. (em"ri (enkateswra 'ao and another v.
State of Andhra %radesh. ?1$$& ,ri.6.). :%+ F 1$$&(1 ,ri 6, :E% F 1$$& (1 ,rimes &;E (!.P
*. Penalt) 'or -i+in- or ta.in- o(r). #
+
$/% 3(1 If any person# after the commencement of this
!ct# 1i.es or taCes or abets the 1i.in1 or taCin1 of dowry# he shall be punishable
+i
$6% 3with
imprisonment for a term which shall not be less than
+ii
$0% 3fi.e years# and with fine which shall not
be less than fifteen thousnad rupees or the amount of the .alue of such dowry# whiche.er is
more?4.
Pro.ided that the ,ourt may# for ade@uate and special reasons to be recorded in the Gud1ment#
impose a sentence of imprisonment for a term of less than
+iii
$1% 3fi.e yeras4.
ix
$9% 3(& =othin1 in subDsection (1 shall apply to# or in relation to ?
(a presents which are 1i.en at the time of a marria1e to the bride (without any demand ha.in1 in
that behalf: Pro.ided that such presents are entered in a list maintained in accordance with the
rules made under this !ct2
(b presents which are 1i.en at the time of a marria1e to the bride1room (without any demand
ha.in1 been made in that behalf: Pro.ided that such presents are entered in a list maintained in
accordance with the rules made under this !ct: Pro.ided 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 .alue thereof is no e'cessi.e ha.in1 re1ard to the financial status of
the person by whom# or on whose behalf# such presents are 1i.en4
(T!T< !5<="5<=T(
?Bihar
?? ?or (ection +# the followin1 section shall be substituted# namely# ?
?? ?). %enalty for giving or taking dowry. ? If any person# after the commencement of this !ct
1i.es or taCes or abets the 1i.in1 or taCin1 of dowry# he shall be punishable with imprisonment
which may e'tend to si' months and with fine which may e'tend to fi.e thousand rupees.?
?3Bihar !ct 9 of 1$E%4
?>aryana
?? ?or (ection +# the followin1 section shall be substituted# namely# ?
?? ?). *ar of certain acts. ? =o person shall ?
??? (a? 1i.e or taCe or abet the 1i.in1 or taCin1 of dowry2
??? (b? demand directly or indirectly# from the parents or 1uardians of a bride or brid1eroom# as
the case may be# any dowry2
??? (c? incur marria1e e'penses the a11re1ate .alue whereof e'ceeds fi.e thousands rupees2
??? (d? display and 1ifts made at or before the marria1e in the form of case# ornaments clothes
or other articles2
??? (e? taCe or carry in e'cess of ?
?(i twenty fi.e members of the marria1e party2 and
?(ii ele.en members of the band2
??? (f? deny conGu1al ri1hts to his wife on he 1round that dowry has not been 1i.en or the
dowry 1i.en is insufficient.???????????????????????????????????
????????????????? ????????????????? ??????????????????????
????????3>aryana !ct +; of 1$E%4.
?>imachal Pradesh
?? In its application to the (tate of >imachal Pradesh# (ection +# shall be substituted as under: ?
?? ?+. Penalty for 1i.in1 or taCin1 dowry. ? If any person 1i.es or taCes or abets the 1i.in1 or
taCin1 of dowry# he shall be punishable with imprisonment which may e'tend to one year and with
fine which may e'tend to fi.e thousand rupees.?
?3>.P. !ct &: of 1$E%4
?PunGab
?? In (ection +# for the words ?si' months# or with fine which may e'tend to fi.e thousand
rupees?# the words ?one year# and fine which may e'tend to fi.e thousand rupees? shall be
substituted.
?3PunGab !ct &% of 1$E%4
?Hest Ben1al
?? In (ection +# for the words ?which may e'tend to si' months or# with fine which may e'tend to
fi.e thousand rupees?# the words ?which shall not be less than three months# but may e'tend to
three years or with fine which shall not be less than two thousand rupees# but may e'tend to ten
thousand rupees? shall be substituted.
?3Hest Ben1al !ct +: of 1$E:4
?? 3(tate !mendments : (ee Inder (ection 9!4
,omments
? "owry ? 5ere alle1ation of 1i.in1 cash without pro.in1 source ? !cceptance of dowry not
pro.ed. &ilakantha %ati v. State of +rissa. 1$$: ,ri.6.) &9E& F 1$$: ,r.R. %%+ (/ri.
x
$12% $,. Penalt) 'or e"anin- o(r). # If any person demands# directly or indirectly# from the
parents or other relati.es or 1uardian of a bride or bride1room# as the case may be# any dowry be
shall be punishable with imprisonment for a term which shall not be less than si' months# but
which may e'tend to two years and with fine which may e'tend to ten thousand rupees2
Pro.ided that the ,ourt may# for ade@uate and special reasons to be mentioned in the Gud1ment#
impose a sentence of imprisonment for term of less than si' months.4
,omments
? "owry ? "emand for dowry under the !ct and in the le1al sense will mean the demand for
dowry only when it refers to property or .aluable security? 1i.en or a1reed to be 1i.en at or
before or after the marria1e. Sankar %rasad Shaw and others v. State and another. 1$$1 ,ri.6.).
%+$ F 1$$8 ,al ,ri 6R &18 F 1$$8(& ,al >= 1;9 F 1$$1(& Rec ,ri.R 1%: (,al.
? Penalty for demandin1 dowry ? "owry as @uid pro@uo is prohibited ? !ppellant prospecti.e
candidate for matrimonial alDliance ? !ppellant not present at the time of ne1otiations ? >is elder
brother held ne1otiations for alliance ? /ffer cancelled prior to ?JarapuGa? ? !lle1ed? demand of
dowry for purchase of scooter or car not established ? =o direct demand? of dowry
established ?? ,on.iction by trial ,ourt made on emotions ? >eld ? ,on.iction and sentence set
aside. S.!opal 'eddy v. State of Andhra %radesh. 1$$% ,r.R. E;; ((.,
xi
$11% $,A. Ban on a+erti3e"ent # ?If any person ?
(a offers# throu1h any ad.ertisement in any newspaper# periodical# Gournal or throu1h any other
media# any share in his property or of any money or both as a share in any business or other
interest as consideration for the marria1e of his son or dau1hter or any other relati.e#
(b prints or published or circulates any ad.ertisement referred to in clause (a.
he shall be punishable with imprisonment for a term which shall not be less than si' months# but
which may e'tend to fi.e years# or with fine which may e'tend to fifteen thousand rupees:
Pro.ided that the ,ourt may# for ade@uate and special reasons to be recorded in the Gud1ment#
impose sentence of imprisonment for a term of less than si' months.
(T!T< !5<="5<=T(
?Bihar
?? ?or section 9 of the said act# the followin1 section shall be substituted# namely: ?
?? ?9. Penalty for demandin1 dowry. ? If any person# after the commencement of this !ct#
demands directly or indirectly from the parents or 1uardian of a bride or bride1room# as the case
may be# any dowry# he shall be punishable with imprisonment which may e'tend to si' months
and with fine which may e'tend to fi.e thousand rupees:
?? Pro.ided that no ,ourt shall taCe co1ni0ance of any offence under this section e'cept with the
pre.ious sanction of the (tate -o.ernment or of such officer as the (tate -o.ernment may# by
1eneral or special order# specify in this behalf.?
?3Bihar !ct 9 of 1$E%4
?>aryana
?? ?or (ection 9 the followin1 section shall be substituted# namely# ?
?? ?9. Penalty. ? (1 If any person contra.enes any of the pro.isions of (ection +# he shall be
punishable with imprisonment which may e'tend to si' months and with fine which may e'tend to
fi.e thousand rupees.
?? (& The ,ourt tryin1 an offence under ,lause (f of (ection + relatin1 to con1u1al ri1hts may#
at any sta1e of the proceedin1s# on the e'ecution of a bond by the husband undertaCin1 not to
demand dowry and to allow conGu1al ri1hts to the wife# drop the proceedin1s.
?? (+ !ny proceedin1 dropped under subDsection (& shall re.iew if the ,ourt is satisifed on an
application made by the wife# in this behalf# that the husband has failed to carry out the
undertaCin1 or has otherwise acted contrary to the terms of the bond and thereupon the ,ourt
shall proceed with the case from the sta1e at which it was dropped:
?? Pro.ided that no application under this subDsection shall be entertained if it is made after the
e'piry of a period of three years from the date on which the proceedin1s were dropped.
?? (9 The court may direct that the fine# if any# imposed for the contra.ention of ,lause (f of
(ection + or such portion thereof# as the ,ourt may deem proper# shall be paid to wife.?
?3>aryana !ct +; of 1$E%4
?>imachal Pradesh
??? (i? In its application to the (tate of >imachal Pradesh# (ection 9 substituted as under: ?
?? ?9. Penalty for demandin1 dowry. ? If any person demands# directly or indirectly# from the
parents or 1uardian of a bride or bride1room or from any other person# as the case may be# any
dowry2 he shall be punishable with imprisonment which may e'tend to one year and with fine
which may e'tend to fi.e thousand rupees.?
??? (ii? In its application to the (tate of >imachal Pradesh# (ection 9D! inserted as under: ?
?? ?,4A. Bar o' !ertain a!t3.?? !ny person who# ?
??? (i? displays any presents made at the time of marria1e in the form of cash# ornaments#
cloths or other articles2 or
??? (ii? 1i.es in the form of A(ha1unB at the time of AThaCaB# betrothal or ATiCCaB anythin1 the
.alue of which e'ceeds ele.en rupees2 or
??? (iii? 1i.es to the parents or any other relation of a party to the marria1e anythin1 on the
occasion of A5ilniB or any other ceremony performed in relation to betrothal or marria1e2
?shall be punishable with imprisonment for a term which may e'tend to si' months or with fine
which may e'tend to fi.e thousand rupees# or with both.?
??? (iii? In its application to the (tate of >imachal Pradesh# (ection 9DB inserted as under: ?
?? ?,4B. Penalt) 'or e5ri+in- an) 5art o' the ri-ht3 an 5ri+ile-e3 o' "arria-e. ? (1 If after
the marria1e# any party to the marria1e with or without assistance of any other person depri.es
the other party of the ri1hts and pri.ile1es of marria1es or tortures or refuses to maintain the said
other party for nonDpayment of dowry before# durin1 or after marria1e# he shall be punishable with
imprisonment which may e'tend to one year and with fine which may e'tend to fi.e thousand
rupees.
?? (& The pro.isions of this section shall be in addition to and not in dero1ation of# any pro.ision
on the subGect contained in any other law for the time bein1 in force.?
?3>.P. !ct &: of 1$E%4
?PunGab
?? (i In (ection 9 of the principal !ct ?
??? (a? for the words ?si' months# or with fine which may e'tend to fi.e thousand rupees?# the
words ?one year# and fine which may e'tend to fi.e thousand rupees? shall be substituted2 and
??? (b? The pro.iso shall be omitted.
?? (ii !fter (ection 9# the followin1 section shall be inserted# namely ?
?? ?,4A. Bar o' !ertain a!t3. ? !ny person who# ?
??? (i? displays any presents made at the time of such marria1e in the form of cash# ornaments#
clothes or other articles2 or
??? (ii? taCes in a marria1e party more than twentyDfi.e persons e'clusi.e of minor and the
members of the band2 or
??? (iii? 1i.es in the form of (ha1un at the time of ThaCa# betrothal or marria1e# anythin1 the
.alue of which e'ceeds ele.en rupees2 or
??? (i.? 1i.es to the parents or any other relation of a party to the marria1e anythin1 on the
occasion of A5ilniB or any other ceremony performed in relation to betrothal or marri1e2 or
??? (.? ser.es to the marria1e party more than two principal meals2
?? shall be punishable with imprisonment for a term which may e'tend to si' months or with fine
which may e'tend to fi.e thousand rupees or with both.?
?? Explanation. ? In this section the e'pression ?principal meal? means lunch or dinner.
?? #,4B. Penalt) 'or e5ri+in- an) 5art) o' ri-ht3 an 5ri+ile-e3 o' "arria-e. ? !ny party to
the marria1e who# after the marria1e# depri.es the other party of the ri1hts and pri.ile1es of
marria1e# or tortures of refuse to maintain the said other party# for nonDpayment of dowry# and
any person who assists such party in the commission of such offence# shall be punishable with
imprisonment for a term which may e'tend to one year# and fine which may e'tend to fi.e
thousand rupees.?
?3PunGab !ct &% of 1$E%4
?Hest Ben1al
?? In (ection 9# ? (a after the words ?bride or bride1room?# the words ?or from any other
person? shall be inserted2
?? (b for the words ?which may e'tend to si' months# or with fine which may e'tend to fi.e
thousand rupees? the words ?which shall be less than three months# but may e'tend to three
years or with fine which shall not be less than two thousand rupees# but may e'tend to ten
thousand rupees? shall be substituted2
?? (c for the pro.iso# the followin1 pro.isos shall be substituted namely: ?
?? ?Pro.ided that no court shall taCe co1ni0ance of any offence under this section e'cept on a
complaint made by any a11rie.ed party or his parents or by any other person with the pre.ious
sanction of the authority specified by the (tate -o.ernment in this behalf:
?? Pro.ided further that no such pre.ious sanction shall be necessary for taCin1 co1ni0ance on a
complaint made by such or1anisation for social welfare with a minimum standin1 of fi.e years as
may be specified by the (tate -o.ernment by notification in the /fficial -a0ette or by any person
duly authorised by such or1anisation.?
?? (d !fter (ection 9# the followin1 section shall be inserted# namely: ?
?? #,4A. Penalt) 'or e5ri+in- an) 5art) o' the ri-ht3 an 5ri+ile-e3 o' "arria-e. ? (1 If
after the marria1e# any party to the marria1e with or without assistance of his parents or
1uardians depri.es the other party of the ri1hts and pri.ile1es of marria1e# or tortures or refuses
to maintain the said other party for nonDpayment of dowry before# durin1 or after marria1e# he
shall be punishable with imprisonment which shall not be less than three months# but may e'tend
to one year or with fine which shall not be less than two thousand rupees# but may e'tend to fi.e
thousand rupees# or with both.
?? (& The pro.isions of this !ction shall be in addition to# and not in dero1ation of# any pro.isions
on the subGect contained in any other law for the time bein1 in force.?
?3Hest Ben1al !ct +: of 1$E:4
/. A-ree"ent 'or -i+in- or ta.in- o(r) to 6e +oi. # !ny a1reement for the 1i.in1 or taCin1
of dowry shall be .oid.
6. Do(r) to 6e 'or the 6ene'it o' the (i'e or her heir3. # (1 Hhere any dowry is recei.ed by
any person other than the woman in connection with whose marria1e it is 1i.en that person shall
transfer it to the woman ?
(a? (b? (c if the dowry was recei.ed before marria1e# within
xii
$1&% 3three months4 after the date
of marria1e2 or if the dowry was recei.ed at the time of or after the marria1e# within
xiii
$1*% 3three
months4 after the date of its receipt2 or if the dowry was recei.ed when the woman was a minor#
within
xi+
$1,% 3three months4 after she has attained the a1e of ei1hteen years#
and pendin1 such transfer# shall hold it in trust for the benefit of the woman.
x+
$1/% 3(& if any person fails to transfer any property as re@uired by subDsection (1 within the time
specified therefor
x+i
$16% 3or as re@uired by subDsection (+#4 he shall be punishable with
imprisonment for a term which shall not be less than si' months# but which may e'tend to two
years or with fine
x+ii
$10% 3which shall not be less than fi.e thousand rupees# but which may e'tend
to ten thousand rupees4 or with both.4
(+ Hhere the woman entitled to any property under subDsection (1 dies before recei.in1 it# the
heirs of the woman shall be entitled to claim it from the person holdin1 it for the time bein1.
x+iii
$11% 3Pro.ided that where such woman dies within se.en years of her marria1e# otherwise than
due to natural causes# such property shall# ?
(a if she has no children# be transferred to her parents# or
(b if she has children# be transferred to such children and pendin1 such transfer# be held in trust
for such children.4
xix
$19% 3+(! Hhere a person con.icted under subDsection (& for failure to transfer any property as
re@uired by subDsection (1
xx
$&2% 3or subDsection (+4 has not# before his con.iction under that subD
section# transferred such property to the woman entitled thereto or# as the case may be#
xxi
$&1%
3her heirs# parents or children4# the court shall# in addition to awardin1 punishment under that subD
section# direct by order in writin1# that such person shall transfer the property to such woman or#
as the case may be#
xxii
$&&% 3her heirs# parents or children4 within such period as may be specified
in the order and if such person fails to comply with the direction within the period so specified# an
amount e@ual to the .alue of the property may be reco.ered from him as if it were a fine imposed
by such court and paid to such woman# or as the case may be#
xxiii
$&*% 3her heirs# parent or
children4.4
(T!T< !5<="5<=T(
?>aryana
?? In subDsection (& of (ection %# for the words ?or with fine which may e'tend to fi.e thousand
rupees# or with both?# the words ?and with fi.e thousand rupees? shall be substituted.
?3>aryana !ct +; of 1$E%4
?/rissa
?? In its application to the (tate of /rissa# (ections %D! and %DB inserted as under:
?? #64A. Penalt) 'or enial o' !on78-al ri-ht3 6) the h836an. ? (1 If any person denies
conGu1al ri1hts to his wife on the 1round that dowry has not been 1i.en or on the 1round that the
dowry 1i.en is insufficient# he shall be punishable with imprisonment which may e'tend to one
year# or with fine which may e'tend to ten thousand rupees or with both.
?? (& The ,ourt tryin1 an offence under this section may# at any sta1e of the proceedin1s# on the
e'ecution of a bond by the husband undertaCin1 not to realise the dowry or any portion thereof as
the case may be# and to allow conGu1al ri1hts to the wife# drop the proceedin1s.
?? (+ !ny proceedin1s dropped under subDsection (& shall re.i.e if the court is satisfied# on an
application made in that behalf by the wife that the husband has failed to carry out the
undertaCin1 or has otherwise acted contrary to the terms of the bond# and thereupon the ,ourt
shall proceed with the case from the sta1e at which it was dropped:
?? Pro.ided that no application under this subDsection shall be entertained if it is made after the
e'piry of three years from the date on which the proceedin1s were dropped.
?? (9 The ,ourt may direct that the fine# if any# imposed under this section or such portion
thereof as the ,ourt deems proper# shall be paid to the wife as compensation.
?? 64B. 9aintenan!e to 6e 5ai 6) h836an on hi3 !on+i!tion. ? (1 /n con.iction of a
person for an offence under (ection %D!# the ,ourt tryin1 the offence may# on a claim made by
his wife in that behalf within two months from the date of the order of con.iction# order such
person to maCe a monthly allowance for the maintenance of his wife at such monthly rate not
e'ceedin1 fi.e hundred rupees# as the ,ourt deems proper:
?? Pro.ided that no such order shall be made without 1i.in1 the parties concerned a reasonable
opportunity of bein1 heard.
?? (& In determinin1 the monthly allowance under this section re1ard shall be held to# ?
??? (a? the position and status of the parties2
??? (b? the reasonable wants of the wife#
??? (c? the .alue of the wifeBs property and any income depri.ed from such property# or from
the wifeBs own earnin1s or from any other source2 and
??? (d? the amount of compensation awarded under (ection %D!.
?? (+ The maintenance allowance so ordered shall be a char1e on the property# if any# of the
husband# whether ac@uired before or after the date of the order.
?? (9 Hhere a complaint has been filed by the wife for an offence under (ection %D!# the
husband shall not transfer any of his asssets till# ?
??? (a? where no claim for maintenance has been preferred under this section# the date of
e'piry of the period of limitation specified in subDsection (1 for filin1 such claim2 and
??? (b? where such claim is preferred# the disposal of the claim.
?? (: =otwithstandin1 anythin1 contained in any other law# the wife may enforce any claim for
maintenance a1ainst any property transferred by the husband in contra.ention of the pro.isions
of subDsection (9 as if such transfer were null and .oid.
?? (% The pro.isions contained in subDsection (+ of (ection1&: of the ,ode of ,riminal
Procedure# 1$E+# so far as may be# apply to the reco.ery of the maintenance allowance ordered
under this section.
?? (E =othin1 contained in this section shall effect the pro.isions of (ection + or (ection.?
?3/rissa !ct 1 of 1$E%4
,omments
? ,omplaint ? 6imitation ? "owry 1i.en before marria1e i.e. 1%.;.;9 ? ,omplaint could be filed by
1:.;.;% ? ,omplaint filed on 1:.9.;E ? !mendment of section enlar1in1 scope of limitation ?
,omplaint within time. Atimala ,ayaram v. State of Andhra %radesh and another. 1$$& ,ri.6.).
&&1E F 1$$& <ast ,R , E+% F 1$$&(& Recent ,R 9:+ F (1$$& 1 ,,R 1:9 (!.P.
xxi+
$&,% $0. Co-ni:an!e o' o''en!e3. # ?(1 =otwithstandin1 anythin1 contained in the ,ode of
,riminal Procedure# 1$E+ (& of 1$E9 ?
(a no court inferior to that of 5etropolitan 5a1istrate or a Gudicial 5a1istrate of the firs class shall
try any offence under this !ct2
(b no court shall taCe co1ni0ance of an offence under this !ct e'cept upon ?
(i its own Cnowled1e or a police report of the facts which constitute such offence# or
(ii a complaint by the person a11rie.ed by the offence or a parent or other relati.e of such
person# or by any reco1ni0ed welfare institution or or1anisation.
(c it shall be lawful for a 5etropolitan 5a1istrate or a )udicial 5a1istrate of the first class to pass
any sentence authorised by this !ct or any person con.icted of any offence under this !ct.
Explanation. ? ?or the purposes of this subDsection# ?reco1ni0ed welfare institution or
or1anisation? means a social welfare institution or or1anisation reco1ni0ed in this behalf by the
,entral or (tate -o.ernment.
(& =othin1 in ,hapter KKKJI of the ,ode of ,riminal Procedure# 1$E+ (& of 1$E9# shall apply to
any offence punishable under this !ct.4
xx+
$&/% 3(+ =otwithstandin1 anythin1 contained in any law for the time bein1 in force# a statement
made by the person a11rie.ed by the offence shall not subGect such person to a prosecution
under this !ct.4
(T!T< !5<="5<=T(
Bihar
?? ?or (ection E# the followin1 shall be substituted# namely# ?
? #0. Trial o' o''en!e3. ? =otwithstandin1 anythin1 contained in the ,ode of ,riminal Procedure#
1$E+ (!ct & of 1$E9 no ,ourt inferior to that of a 5etropolitan 5a1istrate or a Gudicial 5a1istrate
of the first class shall try any offence under this !ct.?
?3Bihar !ct 9 of 1$E%4
>aryana
?? ?or (ection E# the followin1 section shall be substituted# namely# ?
?? ?0. Co-ni:an!e o' o''en!e3. ? =otwithstandin1 anythin1 contained in the ,ode of ,riminal
Procedure# 1$E+# (& of 1$E9# ?
??? (a? no ,ourt inferior to that of a )udicial 5a1istrate of the first class shall try any offence
under this !ct2
??? (b? no ,ourt shall taCe co1ni0ance of any such offence e'empt on a complaint made by
any party to the marria1e or her father# mother or brother or a -a0etted /fficer specially
authorised by the (tate -o.ernment in this behalf# within a period of one year from the date of
the marria1e2
??? (c? no ,ourt shall taCe co1ni0ance of any such offence e'cept with the pre.ious sanction of
the "istrict 5a1istrate or of such officer as the (tate -o.ernment may# by 1eneral or special
order# specify in this behalf2
??? (d? no en@uiry shall be 1ot made throu1h any Police /fficer below the ranC of a "eputy
(uperintendent of Police2
??? (e? no woman shall be called to a Police (tation for the purpose of an en@uiry re1ardin1
any offence under this !ct.?? ????????????????????????????????????3>aryana !ct +; of
1$E%4
?>imachal Pradesh
?? In its application to the (tate of >imachal Pradesh# (ection E# substituted as under: ?
?? #0. Trial o' o''en!e3. ? =otwithstandin1 anythin1 contained in the ,ode of ,riminal
Procedure# 1$E+ (!ct & of 1$E9# no ,ourt inferior to that of a )udicial 5a1istrate of this first class
shall try any offence under its !ct.
?? (& =o ,ourt shall taCe co1ni0ance of any offence under this !ct# e'cept that of offence under
(ection 9DB# e'cept on a police report or complaint made with one year of the marria1e.?
?3>imchal Pradesh !ct &: of 1$E% and +$ of 1$E;4
?PunGab
?? ?or (ection E# the followin1 section shall be substituted# namely# ?
?? #0. Co-ni:an!e o' o''en!e3. ? =otwithstandin1 anythin1 contained in the ,ode of ,riminal
Procedure# 1$E+ (& of 1$E9# ?
??? (1? no ,ourt inferior to that of a )udicial 5a1istrate of the first class shall try any offence
under this !ct2
??? (&? no court shall taCe co1ni0ance of any offence punishable under (ections +# 9 and 9DB
e'cept upon a complaint made within one year from the date of the offence# by some person
a11rie.ed by the offence:
?? Pro.ided that# ?
?(a where such person is under the a1e of ei1hteen years# or is an idiot or a lunatic# or is from
sicCness or infirmity unable to maCe a complaint# or is a woman who# accordin1 to the local
customs and manners# ou1ht not to be compelled to appear in public# some other person may#
with the lea.e of the ,ourt# maCe a complaint on his or her behalf2
?(b where the person a11rie.ed by an office is the wife# complaint may be made on her behalf by
her father# mother# brother# sister or by her fatherBs or motherBs brother or sister2 and
??? (+? <.ery offence under (ection 9D! shall be co1ni0able2
? ?Pro.ided that no police officer below the ranC of a "eputy (uperintendent of Police shall
in.esti1ate any offence punishable under this !ct or maCe any arrest therefor.?
?3PunGab !ct &% of 1$E%4
?Hest Ben1al
?? In (ection E# ? (a for the words and fi1ures ?,ode of ,riminal Procedure# 1$;: (: of 1$;$#
the words and fi1ures ?,ode of ,riminal Procedure# 1$E+ (& of 1$E9?# shall be substituted2
?? (b for the words ?presidency 5a1istrate or a 5a1istrate of the first class? in the two places
where they occur# the words ?5etropolitan 5a1istrate or a )udicial 5a1istrate of the first class?
shall be substituted2
?? (c in ,lause (b# for the words ?one year from the date of the offence? the words ?three years
from the date of the offence? shall be substituted.
?3Hest Ben1al !ct +: of 1$E:4
xx+i
$&6% $1. O''en!e3 to 6e !o-ni:a6le 'or !ertain 58r5o3e3 an to 6e non46aila6le an non4
!o"5o8na6le # (1 The ,ode of ,riminal Procedure# 1$E+ (& of 1$E9 shall apply to offences
under this !ct as if they were co1ni0able offences ?
(a for the purposes of in.esti1ation of such offences2 and
(b for the purposes of matters other than ?
(i matter referred to in (ection 9& of that ,ode2 and
(ii the arrest of a person without a warrant or without an order of a 5a1istrate.
(& <.ery# offence under this !ct shall be
xx+ii
$&0% 3nonDbailable4 and nonDcompoundable.4
State A"en"ent3 ; See 8ner Se!tion 1B.
xx+iii
$&1% $1A. B8ren o' 5roo' in !ertain !a3e3. # ?Hhere any person is prosecuted for taCin1 or
abettin1 the taCin1 of any dowry under (ection +# or the demandin1 of dowry under section 9# the
burden of pro.in1 that he had not committed an offence under those sections shall be on him.
1B. Do(r) Prohi6ition O''i!er3 # (1 The (tate -o.ernment may appoint as many "owry
Prohibition officers as it thinCs fit and specify the areas in respect of which they shall e'ercise
their Gurisdiction and powers under this !ct.
(& <.ery "owry Prohibition /fficer shall e'ercise and perform the followin1 powers and
functions# namely: ?
(a to see that the pro.isions of this !ct are complied with2
(b to pre.ent# as far as possible# the taCin1 or abettin1 the taCin1 of# or the demandin1 of# dowry2
(c to collect such e.idence as may be necessary for the prosecution of persons committin1
offences under the !ct2 and
(d to perform such additional functions as may be assi1ned to him by the (tate -o.ernment# or
as may be specified in the rules made under this !ct.
(+ The (tate -o.ernment may# by notification in the /fficial -a0ette# confer such powers of a
police officer as may be specified in the notification on the "owry Prohibition /fficer who shall
e'ercise such powers subGect to such limitations and conditions as may be specified by rules
made under this !ct.
(9 The (tate -o.ernment may# for the purpose of ad.isin1 and assistin1 the "owry Prohibition
/fficers in the efficient performance of their functions under this !ct# appoint on ad.isory board
consistin1 of not more than fi.e social welfare worCers (out of whom at least two shall be women
from the area in respect of which such "owry Prohibition /fficer e'ercises Gurisdiction under subD
section (14
(T!T< !5<="5<=T(
?Bihar
?? ?or (ection ;# the followin1 section shall be substituted# namely# ?
?? #1. O''en!e3 to 6e !o-ni:a6le, non46aila6le an non4!o"5o8na6le. ? <.ery offence
under this !ct shall be co1ni0able# nonDbailable and nonDcompoundable.?
?3Bihar !ct 9 of 1$E%4
?>imachal Pradesh
?? (1 In its application to the (tate of >imachal Pradesh# (ection ; substituted# as under: ?
?? #1. O''en!e3 to 6e !o-ni:a6le, 6aila6le an non4!o"5o8na6le. ? =otwithstandin1
anythin1 contained in the ,ode of ,riminal Procedure# 1$E+ (& of 1$E9# e.ery offence under this
!ct shall be co1ni0able# bailable and nonDcompoundable.?
?3>imachal Pradesh !ct &: of 1$E%4
?? (ii !fter (ection ; for followin1 shall be inserted namely: ?
?? #14A. In3tit8tion o' 5ro!eein-3. ? =o prosecution shall be instituted a1ainst any person in
respect of any offence committed under this !ct without the pre.ious sanction of the "istrict
5a1istrate or of such offence as the (tate -o.ernment may# by special or 1eneral order# appoint
in this behalf?.
?3>imachal Pradesh !ct +$ of 1$E;4
?PunGab
??? (i? ?or (ection ; of the principal !ct# the followin1 section shall be substituted# namely# ?
?? #1. O''en!e3 to 6e 6aila6le an non4!o"5o8na6le. ? <.ery offence under this !ct shall
bailable and nonDcompoundable.?
??? (ii? !fter (ection ;# the followin1 (ection ;D! shall be inserted namely:
?? #14A. Co-ni:an!e o' o''en!e. ? =o ,ourt shall taCe co1ni0ance of any offence under this !ct
e'cept on a police report under (ection 1E+ of the ,ode of ,riminal Procedure 1$E+# (& of 1$E9#
or a complaint made by a person a11rie.ed by the offence# as the case may be# within one year
from the date of the commission of the offence:
?? Pro.ided that no police officer of the ranC lower than that of the "eputy (uperintendent of
Police shall in.esti1ate any case re1istered under this !ct:
?? Pro.ided further that no ,ourt shall taCe co1ni0ance of any offence under this !ct e'cept with
the pre.ious sanction of the "istrict 5a1istrate ha.in1 Gurisdiction in the area.?
?3PunGab !ct &% of 1$E%4
?/rissa
?? In its application to the (tate of /rissa# in (ection ;# for the words ?<.ery offence?# the
words ?sa.e as otherwise pro.ided# e.ery offence? substituted.
?3/rissa !ct 1 of 1$E%4
9. Po(er to "a.e r8le3. # (1 The ,entral -o.ernment may by notification in the /fficial
-a0ette# maCe rules for carryin1 out the purposes of this !ct.
xxix
$&9% 3(& In particular and without preGudice to the 1enerality of the fore1oin1 power# such rules
may pro.ide for ?
(a the form and manner in which# and the persons by whom# any list of presents referred to in
subDsection (& of (ection + shall be maintained and all other matters connected there with2 and
(b the better coDordination of policy and action with respect to the administration of this !ct.
xxx
$*2% 3(+ <.ery rule made under this section shall be laid as soon as may be after it is made
before each >ouse of Parliament while it is in session for a total period of thirty days which may
be comprised in one session or
xxxi
$*1% 3in two or more successi.e sessions# and if# before the
e'piry of the session immediately followin1 the session or the successi.e session aforesaid4 both
>ouses a1ree in maCin1 any modification in the rule or both >ouses a1ree that the rule should
not be made# the rule shall thereafter ha.e effect only in such modified form or be of no effect# as
the case may be# so howe.er that any such modification or annulment shall be without preGudice
to the .alidity of anythin1 pre.iously done under that rule.
(T!T< !5<="5<=T(
?>imachal Pradesh
?? In its application to the (tate of >imachal Pradesh# in (ection $# ? (a after the words ?,entral
-o.ernment? in (ection $ (1# the words ?or the (tate -o.ernment with the prior appro.al of the
,entral -o.ernment#? shall be inserted2
?? (b in subDsection (& after the words ?e.ery rule made? and before the words ?under this
section?# the words ?by the ,entral -o.ernment?# shall be inserted2 and
?? (c (ubDsection (+ inserted as under:
?? ?(+ <.ery rule made by the (tate -o.ernment under this section shall be laid# as soon as
may be# after it is made# before the (tate 6e1islature while it is in session for a total period of not
less than se.en days# which may be comprised in one session or in two successi.e sessions and
if before the e'piry of the session in which it is so laid or the sessions immediately# followin1 the
le1islature re@uires any modification in the rule of desires that the rule should not be made# the
rule shall thereafter ha.e effect only in such modified from or be of no effect# as the case may be#
so# howe.er# that any such modification or annulment shall be without preGudice to the .alidity of
anythin1 pre.iously done under that rule.?
?3>imachal Pradesh !ct &: of 1$E%4
?PunGab
?? In (ection $ of the principal !ct# ? (i in subD section (1# after the words ?,entral
-o.ernment?# the words ?or the (tate -o.ernment? shall be inserted2
?? (ii in subDsection (&# after the words ?e.ery rule made? the words ?by the ,entral
-o.ernment? shall be inserted2 and
?? (iii after subDsection (&# the followin1 subD section shall be added# namely:
?? ?(+ <.ery rule made under this section by the (tate >ouse of the (tate 6e1islature while it is
in session for a total period of ten days which may be comprised in one session or in two or more
successi.e sessions# and if# before the e'piry of the session in which it is so laid or the
successi.e session aforesaid# the >ouse a1rees in maCin1 any modification in the rule or the
>ouse a1rees that the rule should not be made# the rule shall thereafter ha.e effect only in such
modified form or be of no effect# as the case may be# so howe.er# that any such modification or
annulment shall be without preGudice to the .alidity of anythin1 pre.iously done under that without
preGudice to the .alidity of anythin1 pre.iously done under that rule.?
?3PunGab !ct & of 1$E%4
xxxii
$*&% $12. Po(er o' the State <o+ern"ent to "a.e r8le3. # (1 The (tate -o.ernment may#
by notification in the /fficial -a0ette# maCe rules for carryin1 out the purposes of this !ct.
(& In particular# and without preGudice to the 1enerality of the fore1oin1 power# such rules may
pro.ide for all or any of the followin1 matters namely: ?
(a the additional functions to be performed by the "owry Prohibition /fficer may e'ercise his
functions under subDsection (+ of (ection ;B.
(b limitations and conditions subGect to which a "owry Prohibition /fficer may e'ercise his
functions under subDsection (+ of (ection ;B.
(+ <.ery rule made by the (tate -o.ernment under this section shall be laid as soon as may be
after it is made before the (tate 6e1islature.4
<![endif]>
i314 1st )uly# 1$%1 .ide =otification =o. (./. 1918 dated &8D%D1$%1# -a0ette of India# <'traordinary# Part II# (ection +(ii Pa1e
188:.
ii3&4 (ubs. for the words ?or after the marria1e? by !ct =o. 9+ of 1$;%# (w.e.f. 1$D11D1$;%.
iii3+4 (ubs. for the words ?as consideration for the marria1e of the said parties# but does not include? by !ct =o. %+ of 1$;9#
(w.e.f. &D18D1$;:.
iv394 ?<'planation I? omitted by !ct =o.%+ of 1$;9#? (w.e.f. &D18D1$;:.
v3:4 (ection + renumbered as subDsection (1 thereof by !ct =o. %+ of 1$;9# (w.e.f. &D18D1$;:.
vi3%4 (ubs. for the words# ?with imprisonment which may e'tend to si' months or with fine which may e'tend to fi.e
thousand rupees# or with both? by !ct =o. %+ of 1$;9# (w.e.f. &D18D1$;:.
vii3E4 (ubs. for the words ?si' months# but which may e'tend to two years# and with fine which may e'tend to ten thousand
rupees or the amount of the .alue of such dowry# whiche.er is more? by !ct =o. 9+ of 1$;%# (w.e.f. 1$D11D1$;%.
viii3;4 (ubs. for the words ?si' months? by !ct =o. 9+ of 1$;%# (w.e.f. 1$D11D1$;%.
ix3$4 Ins. by !ct =o. %+ of 1$;9# (w.e.f. &D18D1$;:.
x3184 (ubs. for (ection 9 by !ct =o. %+ of 1$;9# (w.e.f. &D18D1$;:.
xi3114 Ins. by !ct. =o 9+ of 1$;%# (ec. 9 (w.e.f. 1$D11D1$;%.
xii31&4 (ubs. for the words ?one year? by !ct. =o. %+ of 1$;9# (w.e.f. &D18D1$;:.
xiii31+4 (ubs. for the words ?one year? by !ct. =o. %+ of 1$;9# (w.e.f. &D18D1$;:.
xiv3194 (ubs. for the words ?one year? by !ct. =o. %+ of 1$;9# (w.e.f. &D18D1$;:.
xv31:4 (ubs. for ?sub section (& ?by !ct no %+ of 1$;9# (w.e.f. &D18D1$;:.
xvi31%4 Ins. by !ct. =o. 9+ of 1$;%#? ( w.e.f. 1$D11D1$;%.
xvii31E4 (ubs for the words ?which may e'tend to ten thousand rupees? by !ct =o. 9+ of 1$;%# (w.e.f. 1$D11D1$;%.
xviii31;4 Ins. by !ct. =o. 9+ of 1$;%# ( w.e.f. 1$D11D1$;:
xix31$4 Ins. by !ct. =o. %+ of 1$;9 (w.e.f. &D18D1$;:.
xx3&84 Ins. by !ct =o. 9+ of 1$;%# (w.e.f. 1$D11D1$;%.
xxi3&14 (ubs. for the words ?her heirs? by !ct =o. 9+ of 1$;%# (w.e.f. 1$D11D1$;%.
xxii3&&4 (ubs. for the words Lher heirsL by !ct =o. 9+ of 1$;%# (w.e.f.1$D11D1$;%.
xxiii3&+4 (ubs. for the words Lher heirsL by !ct =o. 9+ of 1$;%# (w.e.f.1$D11D1$;%.
xxiv3&94 (ubs. for ?(ection E? by !ct =o. %+ of 1$;9# (w.e.f. &D18D1$;:.
xxv3&:4 Ins by Act &o. -) of ./012 3w.e.f. ./4..4./015.
xxvi3&%4 (ubs. for ?(ection ;? by !ct. =o. %+ of 1$;9# (w.e.f. &D18D1$;:.
xxvii3&E4 (ubs. for the word ?bailable? by !ct =o. 9+ of 1$;%#? (w.e.f. 1$D11D1$;%.
xxviii3&;4 Ins. by !ct =o. 9+ of 1$;% (w.e.f. 1$D11D1$;%.
xxix3&$4 Ins. by !ct. =o. %+ of 1$;9# (w.e.f. &D18D1$;:.
xxx3+84 ?(ubDsection (&? renumbered as subDsection (+ by !ct =o. %+ of 1$;9# (w.e.f. &D18D1$;:.
xxxi3+14 (ubs. for the words ?in two successi.e session# and if before the e'piry of the session in which it is so laid or the
session immediately followin1? by !ct =o. &8 of 1$;+. (w.e.f. 1:D+D1$;9.
xxxii3+&4 (ubs. for ?(ection 18? by !ct =o. 9+ of 1$;%# (w.e.f. 1$D11D1$;%.

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