Dowry Prohibition Act 1961
Section 2 :
Definition of “dowry” :
In this Act, “dowry” means any property or valuable security given or agreed to be given either directly or indirectly,
(a) by one party to a marriage to the other party to the marriage; or
(b) by the parents of either party to a marriage or by any other person, to either party to the
marriage or to any other person;
at or before 1.[or any time after the marriage] 2.[in connection with the marriage of the said parties, but does not include] dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies.
3.[***]
Explanation II :
The expression “valuable security” has the same meaning as in section 30 of the Indian Penal Code (45 of 1860).
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1. Substituted for “or after the marriage” by Act 43 of 1986, Section 2 (w.e.f. 19.11.1986).
2. Substituted for “as consideration for the marriage of the said parties, but does not include” by Act 63 of 1984, Section 2 (w.e.f. 2.10.1985).
3. Explanation I omitted by Act 63 of 1984, Section 2 (w.e.f. 2.10.1985).
State Amendments :
[Haryana] :
In its application to the State of Haryana, for Section 2, substitute the following section, namely:
Section 2 :
Definitions :
In this Act, unless the context requires,
(i) dowry means any property or valuable security given or agreed to be given either directly or indirectly
(a) by one party to a marriage to the other; or
(b) by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person, at or before or after the marriage as consideration for the marriage of the said parties, but does not include dower or mahr in case of persons to whom the Muslim Personal Law (Shariat) applies.
Explanation I :
For the removal of doubts it is hereby declared that any presents made at the time of a marriage to either party to the marriage in the form of cash, ornaments, clothes or other articles, shall not be deemed to be dowry within the meaning of this section, unless they are made as consideration for the marriage of the said parties.
Explanation II :
The expression valuable securities has the same meaning as in section 30 of the Indian Penal Code (45 of 1860).
(ii) marriage expenses shall include expenses incurred directly or indirectly at or before the marriage on
(a) Thakka, Sagai, Tikka, Shagun and Milni ceremonies;
(b) the gifts made by one party to a marriage to the other party to the marriage or by the parents, grand-parents and brothers of either party to a marriage, to either party to the marriage or the blood relations thereof;
(c) illumination, food and the arrangements for serving food to the members of the marriage party and other expenses incidental thereto.
Explanation :
For the removal of doubts, it is hereby declared that any gifts made by a person other than those specified in sub-clause (b), at the time of marriage to either party to the marriage shall not be deemed to be marriage expenses.Haryana Act 38 of 1976, Section 2 (w.e.f. 11-8-1976).
