Dowry law in India

In India, dowry is the payment given to groom’s family along with the bride, the payment can be in the mode of cash, jewellery or some kind of gifts or sometimes all of these. As per Indian law, dowry includes any valuable security or property agreed to be given at or before or any time after marriage that is connected with the marriage directly or indirectly by the parents or relatives of either party.

Generally these include cash, electrical appliances, jewellery, furniture, bedding, utensils, crockery, other household items, motor bike, car and other costly products that require and help the newlywed couple to set up their home. The payment of a dowry has been prohibited under The 1961 Dowry Prohibition Act in Indian civil law and subsequently by Sections 304B and 498a of the Indian Penal Code (IPC).

As per the section 4 of the dowry prohibition act If anyone demands, directly or indirectly, from the parents or guardian of a bride or family, penalty is charged for giving or taking dowry. He shall be punishable with imprisonment for a term which shall not be less than five years, and with the fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is higher. Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months.

As per the section 3 of the Dowry Prohibition Act, if a person, after the commencement of this Act, gives or receives dowry, he shall be punishable with imprisonment that may extend to six months, or with the fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more.

The Section 304B of the Indian Penal Code was inserted by a 1986 amendment. The wording of the law states-

1. “Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage, and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband or in connection with, any demand for dowry, such death shall be called” Dowry Death”, and such husband or relative shall be deemed to have caused her death.”

2. “Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.”

According to Section 498A of The Indian Penal Code 1860, Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.