Whether it is enacted by Parliament in the Twelfth Season of the Republic of India as follows: 1 ) Short title, extent and commencement. -(1) This Action may be called the Dowry Prohibition Take action, 1961.
This extends to the whole of India except the State of Jammu and Kashmir. That shall come into force in such date as the Central Federal government may, simply by notification in the official Feuille, appoint. installment payments on your Definition of `dowry’. -In this kind of act, `dowry’ means virtually any property or perhaps valuable reliability given or perhaps agreed to be provided either immediately or indirectly- (a) by one party to a marriage towards the other party towards the marriage; or (b) by parents of either party to a marriage or perhaps by some other person, to either party to the marriage or any other person; at or perhaps before or any type of time following your marriage in connection with the marriage of said parties but is not sold with dower or mahr in the matter of persons to whom the Muslim Personal Regulation (Shariat) applies.
Explanation II. -The phrase `valuable security’ has the same meaning as in Sec. 30 of the Indian Penal Code (45 of 1860). a few. Penalty for giving or taking dowry. -(1) In the event any person, following your commencement of this Act, gives or requires or abets the giving or taking of dowry, he shall be punishable with imprisonment for any term which in turn shall not always be less than five years, device fine which usually shall not be less than 20 thousand rupees or the amount of the worth of these kinds of dowry, no matter which is more: Provided the Courtroom may, for adequate and special great be documented in the view, impose a sentence of imprisonment for the term of less than five years. * * 2. Explanation I omitted by simply Sec. two w. electronic. f subsequent October, 1985 (2)Nothing in sub-section (1) shall apply at or, pertaining to, – reveals which are given at the time of a relationship to the bride-to-be (without t?i demand having been made in that behalf): Provided such gives are came into in list maintained in accordance with rule manufactured under this kind of Act; shows which are offered at the time of marital life to the bridegroom (without virtually any demand he was made in that behalf): Given that such gives are entered within a list managed in accordance with rules made underneath this Work; Provided further more that in which such gives are made by simply or for the new bride or any person related to the bride, these kinds of presents happen to be of a traditional nature as well as the value thereof is not really excessive having regard for the financial status of the person by whom, or on whose account, such reveals are given.
4. Penalty pertaining to demanding dowry. – In the event that any person demands directly or indirectly, through the parents or other family or mom or dad of a star of the wedding or lick as the case may be, any dowry, this individual shall be punishable with imprisonment for a term which shall not be below six months but which may lengthen to two years and with fine which may extend to ten thousands of rupees: Provided the Court may, intended for adequate and special great be described in the wisdom, impose a sentence of imprisonment for a term of less than half a year. 4-A.
Prohibit on ad. – In the event that any person- (a) provides, through any kind of advertisement in any newspaper, regular, journal or perhaps through any other media any share in the property or of any money or the two as a share in any business or additional interest while consideration pertaining to the marriage of his kid or any different relative, (b) prints or publishes or circulates virtually any advertisement known Cl. (a), he will be punishable with imprisonment for any term which will shall not be less than 6 months, but that might extend to five years, or with fine which may extend to fifteen 1000 rupees: Provided the Court may, pertaining to adequate and special great be noted in the common sense, impose a sentence of imprisonment for a term of less than half a year. 5. Contract for offering or acquiring dowry to be void. – Any agreement for the giving or perhaps taking of dowry should be void.
6. Dowry being for the advantage of the wife or spouse, children or other loved ones. – (1) Where any kind of dowry is usually received by simply any person aside from the woman in connection with whose marriage it is offered, that person shall transfer that to the woman – (a) if the dowry was received before relationship, within 3 months after the particular date of matrimony; or (b) if the dowry was received at the time of or right after the marriage inside three months following your date of its receipt; or (c) if the dowry was received when the woman was a minor, within 3 months after this wounderful woman has attained the age of eighteen years, and pending such copy, shall hold it in trust for the main advantage of the woman. (2) If anybody fails to transfer any home as necessary by sub-section (1) in the time limit specified therefor or as essential by sub-section(3), he should be punishable with imprisonment for a term which shall not always be less than six months, but which may extend couple of years or with fine which will shall not end up being less than five thousand rupees, nevertheless which may extend to 10 thousand rupees or with both. (3) Where woman eligible for any home under sub-section (1) dead before acquiring it, the heirs with the woman will be entitled to assert it in the person having it at the moment: Provided that in which such woman dies within just seven numerous years of her relationship, otherwise than due to normal causes, this sort of property shall- if this lady has no children, be transferred to her parents, or if this lady has children, end up being transferred to this sort of children and pending this sort of transfer, become held in trust for these kinds of children. (3-A) Where a person convicted beneath sub-section (2) for inability to transfer any house as required by sub-section (1)or sub-section (3) have not, before his conviction underneath that sub-section, transferred this sort of property to the women entitled thereto or perhaps, as the case may be, her heirs, father and mother or children, the The courtroom shall, moreover to awarding punishment beneath that sub-section, direct, by simply order in writing, that this kind of person shall transfer the property to this kind of woman, or as the truth may be, her heirs, father and mother or children within this kind of period because may be specified in the buy, and if such person does not comply with the direction within the period thus specified, an amount equal to the value of the property can be recovered from him as if that were an excellent imposed by simply such The courtroom and paid to this sort of woman, while the case may be, her heirs, parents or perhaps children. (4)Nothing contained in this section shall influence provisions of Sec. a few or Securities and exchange commission’s. 4. six.
Cognisance of offences. – (1) Despite anything within the Code of Criminal Method, 1973 (2of 1974), – no Court inferior to that of a City magistrate or maybe a Judicial Magistrate of the 1st class shall try any offence under this kind of Act; not any Court shall take cognizance of an offence under this kind of Act besides upon – (i) its own knowledge or a police record of the specifics which comprise such offence, or (ii) a problem by the person aggrieved simply by offence or a parent or other family member of such person, or by any recognized wellbeing institution or perhaps organization: it shall be lawful for a Metropolitan Magistrate or possibly a Judicial Justice of the peace of the top notch to pass virtually any sentence authorized by this Address any person found guilty of any offence under this Action. Explanation. – For the purposes of this sub-section, “recognised welfare institution or organization” means a social wellbeing institution or organization acknowledged in this behalf by the Central or State Government. (2) Nothing in Section XXXVI in the Code of Criminal Procedure, 1973 (2of 1974), shall apply to any offence punishable under this kind of Act. ) Notwithstanding anything contained in any kind of law for the moment in force, a statement made by anyone aggrieved by the offence will not subject this sort of person into a prosecution beneath this Take action.
8. Offences to be congnizable for certain functions and to always be bailable and non-compoundable. – (1) The Code of Criminal Process, 1973 (2 of 1974) shall affect offences under this Work as of we were holding cognizable offences- (a) with regards to investigation of such accidents; and (b) with regards to matters various other than- (i) things referred to in Sec. 40 of that Code, and (ii) the arrest of person with no warrant or perhaps without an buy of a Justice of the peace. (2) Every single offence under this Action shall be non-bailable and non-compoundable. 8-A.
Burden of proof in certain cases. – Where anyone is charged for taking or perhaps abetting the taking of any dowry under Securities and exchange commission’s. 3, and also the demanding of dowry below Sec. four, the burden of proving that he had not really committed a great offence beneath those sections shall be in him. 8-B.
Dowry Forbidance Officers. -(1) The State Federal government may appoint as many Dowry Prohibition Officials as it believes fit and specify areas in respect of which they shall exercise their jurisdiction and capabilities under this kind of Act. (2) Every Dowry Prohibition Police officer shall work out and carry out the following capabilities and capabilities, namely, – (a) to see that the provisions of this Act are complied with; (b) to prevent, in terms of possible, the taking or perhaps abetting the taking of, of the challenging of, dowry; (c) to get such facts as could possibly be necessary for the prosecution of persons carrying out offences beneath the Act; and (d) to do such extra functions because may be designated to him by the Local government, or since may be specified in the guidelines made beneath this Take action. (3) The State Government may possibly, by notification in the official Gazette, confer such powers of a police officer as may be specified in the notification, the Dowry Forbidance Officer who also shall physical exercise such capabilities subject to these kinds of limitations and conditions since may be specific by rules made under this Action. (4) The state of hawaii Government may, for the purpose of counseling and supporting the Dowry Prohibition Representatives in the successful performance with their functions below this Act, appoint an advisory board consisting of only five social welfare personnel (out of whom by least two shall be women) from the place in respect of which will such Dowry Prohibition Police officer exercises legislation under sub-section (1). on the lookout for. Power to help to make rules. – (1) The Central Authorities may, by simply notification in the official Gazettee, make rules for carrying out your purposes with this Act. (2) In particular, minus prejudice towards the generality with the foregoing electricity, such guidelines may give for- (a) the form and manner in which, plus the persons simply by whom, any kind of list of shows referred to in sub-section (2) of Securities and exchange commission’s.
3 will be maintained and everything other concerns connected therewith; and (b) the better co-ordination of policy and action according to administration on this Act. (3)Every rules built under it shall be laid as soon as might be after it really is made before each Residence of Legislative house while it is session for the total length of thirty days that could be comprised in one session or in two or more successive lessons, and if, ahead of the expiry with the session immediately following the session or the successive sessions aforesaid both Residences agree to make any customization in the rule or the two Houses consent that the regulation should not be made, the rule shall afterwards have effect only in such customized form or be; of no result, as the case may be, so , however , that any such adjustment or annulment shall be with no prejudice to the validity of anything previously done beneath that regulation. 10.
Power of the State Government to make rules. – The state of hawaii Government may possibly, by notification in the standard Gazette, generate rules for carrying out the functions of this Work. (2) Particularly, and without bias to the generality of the foregoing power, these kinds of rules may possibly provide for all or any of the subsequent matters, namely: (a) the additional functions to get performed by Dowry Forbidance Officers beneath sub-section(2) of Sec. 8-B; (b) limitations and circumstances subject to which in turn a Dowry Prohibition Expert may exercise his features under sub-section (3) of Sec. 8-B. (3) Every single rule created by the State Government under this section shall be placed as soon as might be after it truly is made prior to State Legislature.
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