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Dowry Prohibition Act 1961 Pdf in English Dowry prohibition act 1961 pdf in english Continue Home Databases WorldLII Searched by Request Feedback You're Here: LIIofIndia DowRY BANS ACT 1961 Database Search 1961 Search for Names Note (en) Help DOWRY PROHIBITION ACT 1961 DOWRY PROHIBITION ACT 1961 ACT No. 28 OF 1961 (May 20, 1961) Act prohibition or adoption. BE it was adopted by the parliament in the twelfth year of the Republic of India as follows.- Short name, scale and beginning. 1. Short name, scale and beginning. (1) This law can be called the Dowry Prohibition Act, 1961. (2) It applies throughout India, with the exception of the state of Jem and Kashmir. (3) It will come into force on such a date as the central government can, by notification in the official messenger, appoint. Definition dowry. 2. Definition of dowry. In this Act, dowry means any property or valuable security granted or agreed upon, which will be provided directly or indirectly by one party to a marriage with the other party of marriage; or (b) The parents of either party or other person, either party to the marriage or any other person; In either before or after marriage us consideration of marriage said parties, but does not include dower or mahr in the case of persons to whom Muslim personal law (Sharia) applies. Explanation I.-To eliminate doubts, it is now to announce that any gifts made during marriage to either party in marriage in the form of cash, jewelry, clothing or other articles are not considered dowry within the meaning of this section unless they are made as a consideration for the marriage said parties. ---------------------------------------------------------------------- 1-7- 1961, vide Notice No. S. O. 1410, dated 20-6-1961, Herald of India, Extraordinary, Pt.II, Sec. 3 (ii), P. 1005. ---------------------------------------------------------------------- 176 Explanation II.- Expression of valuable security is as important as in section 30 of the Indian Penal Code. (45 out of 1860) Penalty for granting or accepting a dowry. 3. Penalty for granting or accepting a dowry. If a person, after the adoption of this Act, gives or accepts or incites a dowry, he shall be punished by imprisonment, which may last up to six months, or a fine that may apply to five thousand rupees, or both. Penalty for dowry requirement. Punishment for dowry requirement. If a person, after the act of this Act, requires, directly or indirectly, from the parents or guardian of the bride or groom, in which case any dowry may be available, he shall be punished by imprisonment, which may last up to six months, or a fine that may apply to five thousand rupees, or with both: provided that neither one should not be aware of any offence under this section, except for the previous sanction of the State Government. State. an official such as the State Government may, by general or special order, provide a general or special order on that behalf. The agreement to provide or accept the dowry will be invalid. The agreement to grant or accept a dowry is invalid. Any agreement to provide or accept a dowry is annulled. Dowry to be in the interest of the wife or her heirs. 6. Dowry to be in the interests of the wife or her heirs. 1) Where a dowry is accepted by a person other than the woman for whose marriage it is given, the person must give it to a woman a) if the dowry was received before marriage, within one year of the date of marriage; or (b) if the dowry was received during or after the marriage within one year of the date of receipt; or (C) if the dowry was received when the woman was underage, within one year of her 18th birthday; and until such a transfer, must keep it in the trusting interest of the woman. (2) If a person is unable to transfer any property, as required by subsection (1) and for a limited period, he shall be punished by imprisonment, which may last up to six months, or a fine that may last up to five thousand rupees, or both; however, such a penalty does not absolve a person of his obligation to transfer property as required by subsal (1). (3) In cases where a woman entitled to any property under section (1) dies before receiving it, the woman's heirs have the right to claim it from the person, holding him at present. 177 (4) Nothing in this section does not affect the provisions of section 3 or section 4. Awareness of wrongdoing. 7. Cognition of wrongdoing. In spite of everything contained in the Code of Criminal Procedure, 1898( 5 of 1898.) (a) no court conceded to a presidencies or a first-class magistrate may be tried for any offence under the Act; (b) No court accepts information in relation to any such offence, except for a complaint filed within one year of the date of the offence; (c) It is legal for a first-class magistrate or magistrate to impose any penalty under the Act on any person convicted of a crime under the Act. 8. Crimes that are not known may be released on bail and cannot be complex. Every offence under this Act is not known, may be released on bail and cannot be set up, in order to produce rules. 9. Power to make rules. (1) The central government can, by notifying the Official Gazette, the flaws of the rule времени времени времени времени времени времени времени, когда оно будет сделано перед каждой палатой парламента, пока оно находится в сессии в течение всего периода в тридцать дней, которые могут быть сделаны в одну сессию или в две последовательные сессии , и если до истечения сессии, в которой она так заложена заложена in the session immediately after that both chambers agree to make any changes to the rule or both chambers agree that the rule should not be made, the rule should then have an effect only in such a modified form or will have no effect as it may be, so, however, that any such change or annulment should be without compromising the validity of everything previously done under this rule. Cancels. 10. Cancellation. The Andhra Pradesh Dowry Prohibition Act, 1958 , (Andhra Pradesh Act 1 of 1958.) and the Bihar Dowry Restriction Act, 1950 (25 of 1950.) have been repealed. LIIofIndia: Copyright Policy Disclaimer Privacy Policy URL Feedback: Wedding Gifts for the Son of Imam of Delhi, India, with soldiers and 2,000 guests The Dowry System in India refers to durable goods, cash, and real or movable property that the bride's family gives to the groom, his parents and his relatives as a condition of marriage. The dowry stems from India's distorted inheritance laws, and the Hinduism Succession Act needs amendments to stop the routine disavowing of daughters. The dowry is essentially in the nature of payment in cash or some gifts given to the groom's family along with the bride and includes cash, jewelry, electrical appliances, furniture, bedding, utensils, vehicles and other household items that help the newlyweds to create their home. The dowry in Arabic is called Dahez. In the Far Eastern parts of India the dowry is called Aaunnpot. The dowry system can place a heavy financial burden on the bride's family. In some cases, the dowry system leads to crimes against women, ranging from emotional abuse and injury to death. Dowry payments have long been prohibited under specific Indian laws, including the DowRy Prohibition Act 1961 and then sections 304B and 498A-8 of the Indian Penal Code. The Dowry Prohibition Act 1961 defines dowry: A dowry means any property or valuable security granted or agreed upon, or directly or indirectly - (a) by one party in marriage with the other party in marriage; or (b) The parents of either party to the marriage or any other person, against any party to marriage or with any other person; both before and after marriage as a consideration of the marriage of those parties, but did not include a dower or mahre for persons subject to personal Muslim law. The court decision clarifies the legal definition of the dowry as dowry in the sense of expression provided by the Prohibition Act is a requirement for a property of valuable security, having an inseparable relationship with marriage, i.e. is a consideration by the parents or relatives of the bride to the groom or his parents and/or guardian for an agreement with the bride. Articles Articles it is stated that the penalty for granting or accepting a dowry does not apply to gifts that are given during marriage to the bride or groom when no requirement has been made to them. Although Indian laws against dowry have been in force for decades, they have been heavily criticized as ineffective. The practice of dowry death and killing is still not under control in many parts of India, further adding to concerns about law enforcement. Article 498A of the Indian Penal Code requires the automatic arrest of the groom and his family if the wife complains of harassment of the dowry. The law was widely abused, and in 2014 the Supreme Court ruled that arrests could not be made without the approval of a magistrate. Historical context Wedding procession - Bride under a canopy with gifts. Around 1800. The history of the dowry in South Asia is not clear. Some scholars believe that the dowry was practiced in antiquity, and some did not. Historical eyewitness accounts, as discussed below, indicate that the dowry in ancient India was insignificant, and the daughters had inheritance rights, which were customary during their marriage.
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