Dowry Prohibition Act 1961
Section 4 :
1.[Penalty for demanding dowry :
If any person demands, directly or indirectly, from the parents or other relatives or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years and with fine which may extend to ten thousand rupees:
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.]
———
1. Substituted for Section 4 by Act 63 of 1984, Section 4 (w.e.f. 2.10.1985).
State Amendment :
[Bihar] :
In its application to the State of Bihar, for Section 4, substitute the following section, namely:
Section 4 :
Penalty for demanding dowry :
If any person, after the commencement of this Act, demands directly or indirectly from the parents or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment which may extend to six months and with fine which may extend to five thousand rupees:
Provided that no Court shall take cognizance of any offence under this section except with the previous sanction of the State Government or of such officer as the State Government, may, by general or special order, specify in this behalf.Bihar Act 4 of 1976, Section 3 (w.e.f. 20-1-1976).
[Haryana] :
In its application to the State of Haryana, for Section 4, substitute the following section, namely:
Section 4 :
Penalty :
(1) If any person contravenes any of the provisions of section 3, he shall be punishable with imprisonment which may extend to six months and with fine which may extend to five thousand rupees.
(2) The Court trying an offence under clause (f) of section 3 relating to conjugal rights may at any stage of the proceedings, on the execution of a bond by the husband undertaking not to demand dowry and to allow conjugal rights to the wife, drop the proceedings.
(3) Any proceedings dropped under sub-section (2) shall revive if the Court is satisfied, on an application made by the wife in this behalf, that the husband has failed to carry out the undertaking or has otherwise acted contrary to the terms of the bond, and thereupon the Court shall proceed with the case from the stage at which it was dropped:
Provided that no application under this sub-section shall be entertained if it is made after the expiry of a period of three years from the date on which the proceedings were dropped.
(4) The Court may direct that the fine, if any, imposed for the contravention of clause (f) of section 3, or such portion thereof, as the Court may deem proper, shall be paid to the wife.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 4, substitute the following section, namely:
Section 4 :
Penalty for demanding dowry :
If any person demands, directly or indirectly, from the parents or guardian of a bride or bridegroom or from any other person, as the case may be, any 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 3 (w.e.f. 24-6-1976).]
