Dowry Prohibition Act 1961
Section 8A :
1.[Burden of proof in certain cases :
Where any person is prosecuted for taking or abetting the taking of any dowry under section 3, or the demanding of dowry under section 4, the burden of proving that he had not committed an offence under these sections shall be on him].
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1. Inserted by Act 43 of 1986, Section 8 (w.e.f. 19.11.1986).
State Amendment :
[Himachal Pradesh :
In its application to the State of Himachal Pradesh, for Section 8-A, substitute the following section, namely:
Section 8-A :
Cognizance of offences No Court shall take cognizance of any offence under this Act except on a police report under section 173 of the Code of Criminal Procedure, 1973 (2 of 1974), or a complaint made by a person aggrieved by the offence, as the case may be, within one year from the date of the commission of the offence:
Provided that no police officer of the rank lower than that of the Deputy Superintendent of Police shall investigate any case registered under this Act:
Provided further that no Court shall take cognizance of any offence under this Act except with the previous sanction of the District Magistrate, having jurisdiction in the area.H.P. Act 39 of 1978, Section 6 (w.e.f. 4-12-1978).
[Punjab] :
In its application to the State of Punjab, after Section 8, insert the following section, namely:
Section 8-A :
Institution of proceedings :
No prosecution shall be instituted against any person in respect of any offence committed under this Act without the previous sanction of the District Magistrate of such officer as the State Government may by special or general order appoint in this behalf.Punjab Act 26 of 1976, Section 7 (w.e.f. 20-5-1976).
