Dowry Prohibition Act 1961
Section 7 :
1.[Cognizance of offences :
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),
(a) no Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence under this Act;
(b) no Court shall take cognizance of an offence under this Act except upon
(i) its own knowledge or a police report of the facts which constitute such offence, or
(ii) a complaint by the person aggrieved by the offence or a parent or other relative of such person, or by any recognized welfare institution or organisation;
(c) it shall be lawful for a Metropolitan Magistrate or a Judicial Magistrate of the first class to pass any sentence authorised by this Act on any person convicted of an offence under this Act.
Explanation :
For the purposes of this sub-section, recognized welfare institution or organisation means a social welfare institution or organisation recognized in this behalf by the Central or State Government.
(2) Nothing in Chapter XXXVI of the Code of Criminal Procedure, 1973 (2 of 1974), shall apply to any offence punishable under this Act.]
2.[(3) Notwithstanding anything contained in any law for the time being in force a statement made by the person aggrieved by the offence shall not subject such person to a prosecution under this Act.]
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1. Substituted for Section 7 by Act 63 of 1984, Section 6 (w.e.f. 2.10.1985).
2. Inserted by Act 43 of 1986, Section 6 (w.e.f. 19.11.1986).
State Amendment :
[Bihar] :
In its application to the State of Bihar, for Section 7, substitute the following section, namely:
Section 7 :
Trial of offences :
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence under this Act.Bihar Act 4 of 1976, Section 4 (w.e.f. 20-1-1976).
[Haryana] :
In its application to the State of Haryana, for Section 7, substitute the following section, namely:
Section 7 :
Cognizance of offences :
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),
(a) no Court inferior to that of a Judicial Magistrate of the first class shall try any offence under this Act;
(b) no Court shall take cognizance of any such offence except on a complaint made by any party to the marriage or her father, mother or brother or a Gazetted Officer specially authorised by the State Government in this behalf, within a period of one year from the date of the marriage;
(c) no Court shall take cognizance of any such offence except with the previous sanction of the District Magistrate or of such officer as the State Government may, by general or special order, specify in this behalf;
(d) no enquiry shall be got made through any Police Officer below the rank of a Deputy Superintendent of Police;
(e) no woman shall be called to a Police Station for the purpose of an enquiry regarding any offence under this Act.Haryana Act 38 of 1976, Section 4 (w.e.f. 11-8-1976).
[Himachal Pradesh] :
In its application to the State of Himachal Pradesh, for Section 7, substitute the following section, namely:
Section 7 :
Trial of offences :
[***] Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no Court inferior to that of a Judicial Magistrate of the first class shall try any offence under this Act.
[***] No Court shall take cognizance of any offence under this Act, except that of offence under section 4-B, except on a police report or complaint made within one year of the marriage.H.P. Act 25 of 1976, Section 5 (w.e.f. 24-6-1976) as amended by H.P. Act 39 of 1978, Section 5, (w.e.f. 4-12-1978).
[Punjab] :
In its application to the State of Punjab, for Section 7, substitute the following section, namely:
Section 7 :
Cognizance of offences :
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),
(1) No Court inferior to that of a Judicial Magistrate of the first class shall try any offence under this Act;
(2) No Court shall take cognizance of any offence punishable under sections 3, 4 and 4-B, except upon a complaint made within one year from the date of the offence, by some person aggrieved by the offence:
Provided that
(a) where such person is under the age of eighteen years, or is an idiot or a lunatic, or is from sickness or infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public some other person may, with the leave of the Court, make a complaint on his or her behalf;
(b) where the person aggrieved by an offence is the wife, complaint may be made on her behalf by her father, mother, brother, sister, or by her fathers or mothers, brother or sister, and
(3) every offence under section 4-A shall be cognizable:
Provided that no police officer below the rank of a Deputy Superintendent of Police shall investigate any offence punishable under this Act or make any arrest therefor.Punjab Act 26 of 1976, Section 5 (w.e.f. 20-5-1976).
[West Bengal] :
In its application to the State of West Bengal, in Section 7,
(a) for the words and figures Code of Criminal Procedure, 1898, substitute Code of Criminal Procedure, 1973;
(b) for the words Presidency Magistrate or a Magistrate of the first class, wherever they occur, substitute Metropolitan Magistrate or a Judicial Magistrate of the first class; and
(c) in clause (b), for the words one year from the date of the offence, substitute three years from the date of the offenceW.B. Act 35 of 1975, Section 5 (w.e.f. 23-9-1975).