Law Maker

Section 3: Penalty for giving or taking dowry

The Dowry Prohibition Act, 1961

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 punishable2[with imprisonment for a term which shall not be less than3[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 than4[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.]

Footnotes in the official text

  1. 1.Section 3 renumbered as sub-section (1) of that section by Act 63 of 1984, s. 3 (w.e.f. 2-10-1985).
  2. 2.Subs. by s. 3, ibid., for certain words (w.e.f. 2-10-1985).
  3. 3.Subs. by Act 43 of 1986, s. 3, for certain words (w.e.f.19-11-1986).
  4. 4.Subs. by s. 3, ibid., for “six months” (w.e.f. 19-11-1986).
  5. 5.Ins. by Act 63 of 1984, s. 3 (w.e.f. 2-10-1985).

Questions on this section

2 questions in 2 of our papers cite Section 3.

Practise questions on Special Criminal Laws