Dowry Prohibition Act 1961
Section 3 :
Penalty for giving or taking dowry :
1.[(1)] 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 adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than 4.[five years.]
5.[(2) Nothing in sub-section (1) shall apply to, or in relation to,
(a) presents which are given at the time of a marriage to the bride (without any demand having been made in that behalf):
Provided that such presents are entered in a list maintained in accordance with the rules made under this Act:
(b) presents which are given at the time of a marriage to the bridegroom (without any demand having been made in that behalf):
Provided that such presents are entered in a list maintained in accordance with the rules made under this Act:
Provided 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 value thereof is not excessive having regard to the financial status of the person by whom, or on whose behalf, such presents are given.]
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1. Section 3 renumbered as sub-section (1) of that section by Act 63 of 1984, Section 3 (w.e.f. 2.10.1985).
2. Substituted for “with imprisonment which may extend to six months, or with find which may extend to five thousand rupees, or with both” by Act 63 of 1984, Section 3 (w.e.f. 2.10.1985).
3. Substituted for “six months, but which may extend to two years, and with fine which may extend to ten thousand rupees or the amount of the value of such dowry, whichever is more” by Act 43 of 1986, Section 3 (w.e.f. 19.11.1986).
4. Substituted for “six months” by Act 43 of 1986, Section 3 (w.e.f. 19.11.1986).
5. Inserted by Act 63 of 1984, Section 3 (w.e.f. 2.10.1985).
State Amendments :
[Bihar] :
In its application to the State of Bihar, for Section 3, substitute the following section, namely:
Section 3 :
Penalty for giving or taking dowry :
If any person after the commencement of this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable with imprisonment which may extend to six months and with fine which may extend to five thousand rupees.Bihar Act 4 of 1976, Section 2 (w.e.f. 20-1-1976).
[Haryana] :
In its application to the State of Haryana, for Section 3, substitute the following section, namely:
Section 3 :
Bar of certain acts :
No person shall
(a) give or take or abet the giving or taking of dowry;
(b) demand, directly or indirectly from the parents or guardians of a bride or bridegroom, as the case may be, any dowry;
(c) incur marriage expenses the aggregate value whereof exceeds five thousand rupees;
(d) display any gifts made at or before the marriage in the form of cash ornaments, clothes or other articles;
(e) take or carry in excess of
(i) twenty-five members of the marriage party; and
(ii) eleven members of the band;
(f) deny conjugal rights to his wife on the ground that dowry has not been given or the dowry given is insufficient.Haryana Act 38 of 1976, Section 2 (w.e.f. 11-8-1976).
[Himachal Pradesh] :
In its application to the State of Himachal Pradesh, for Section 3, substitute the following section, namely:
Section 3 :
Penalty for giving or taking dowry :
If any person gives or takes or abets the giving or taking of dowry, he shall be punishable with imprisonment which may extend to one year and with fine which may extend to five thousand rupees.H.P. Act 25 of 1976, Section 2 (w.e.f. 24-6-1976).
[Punjab] :
In its application to the State of Punjab, in Section 3, for the words six months or with fine which may extend to five thousand rupees, substitute one year, and fine which may extend to five thousand rupees.Punjab Act 26 of 1976, Section 2 (w.e.f. 20-5-1976).
[West Bengal] :
In its application to the State of West Bengal, in Section 3, for the words which may extend to six months, or with fine which may extend to five thousand rupees, substitute which shall not be less than three months, but may extend to three years or with fine which shall not be less than two thousand rupees, but may extend to ten thousand rupees.W.B. Act 35 of 1975, Section 2 (w.e.f. 23-9-1975).
