Dowry
Also called: Dahej
Property or valuable security given or agreed to be given, directly or indirectly, by or for a party to a marriage, at, before or after it, in connection with the marriage. Section 2, Dowry Prohibition Act.
Explained
Section 2 of the Dowry Prohibition Act, 1961 defines dowry as any property or valuable security given or agreed to be given, either directly or indirectly, by one party to a marriage to the other party, or by the parents of either party or any other person to either party or to any other person, at or before or any time after the marriage, in connection with the marriage of the said parties. Dower or mahr in the case of persons to whom Muslim Personal Law (Shariat) applies is excluded. 'Valuable security' has the meaning in Section 30 of the IPC, now Section 2(31) of the BNS.
The elements are: property or valuable security; given or merely agreed to be given; by or for a party to the marriage; at any time before, at or after the marriage; and a connection with the marriage. An agreement to give is enough, so an unfulfilled demand can fall within the Act. Presents given at the time of marriage without any demand and entered in a list under the rules are excluded from the offence by Section 3(2).
Giving, taking or abetting dowry is punishable under Section 3 with a minimum of five years and fine; demanding dowry is punishable under Section 4 with six months to two years. Section 5 declares an agreement to give or take dowry void, and Section 6 makes dowry received by another person held for the benefit of the wife, to be transferred to her within three months. Offences under the Act are non-bailable and non-compoundable under Section 8(2).
The BNS uses the same definition. Dowry death under Section 80 (earlier Section 304B IPC) requires an unnatural death within seven years of marriage and cruelty or harassment soon before death in connection with a demand for dowry; it carries a minimum of seven years. Section 118 of the BSA raises a presumption of dowry death in such cases. Cruelty under Section 85 read with Section 86 of the BNS (earlier Section 498A IPC) also covers harassment for unlawful demands. Examiners test the time element, the mahr exclusion and the seven-year rule.
What the law says
Section 2, Dowry Prohibition Act
In this Act, “dowry” means any property or valuable security given or agreed to be given either directly or indirectly—
(a) by one party to a marriage to the other party to the marriage; or
(b) by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person;
Defines dowry
Section 3, Dowry Prohibition Act
[(1)] If any person, after the commencement of this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable[with imprisonment for a term which shall not be less than[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 than[five years].]
[(2) Nothing in sub-section (1) shall apply to, or in relation to,—
Penalty for giving or taking dowry; exclusion of listed presents
Section 4, Dowry Prohibition Act
[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.]
Penalty for demanding dowry
(1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and such husband or relative shall be deemed to have caused her death.
Explanation.—For the purposes of this sub-section, “dowry” shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961).
(2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.
Dowry death, adopting the Dowry Prohibition Act meaning
Earlier law: IPC 304B. Dowry death.
Explanation.—For the purposes of this section, “dowry death” shall have the same meaning as in section 80 of the Bharatiya Nyaya Sanhita, 2023.
Presumption as to dowry death
Earlier law: IEA 113B. Presumption as to dowry death.
For the purposes of section 85, “cruelty” means—
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.
Cruelty includes harassment for unlawful demand of property
Earlier law: IPC 498A. Explanation
Example
For example, if the groom's parents demand a car from the bride's father a year after the wedding as a condition of keeping her in the matrimonial home, the demand is for dowry because it is made after the marriage in connection with it.
For the exam
- Definition: Section 2 Dowry Prohibition Act; 'at or before or any time after' the marriage.
- Dower or mahr under Muslim Personal Law is excluded.
- Dowry death: Section 80 BNS (earlier 304B IPC), death within seven years, minimum seven years.
- Presumption as to dowry death: Section 118 BSA (earlier 113B Evidence Act).
- Giving or taking: minimum five years (Section 3); demanding: six months to two years (Section 4).
181 questions in the Law Maker question bank use this term. Practise Special Criminal Laws questions
Related terms
- CrueltyFor Section 85 of the BNS, cruelty means wilful conduct likely to drive a woman to suicide or gravely endanger her life, limb or health, or harassment to coerce her or her relatives to meet an unlawful demand.
- Valuable securityA document which is, or purports to be, one by which a legal right is created, extended, transferred, restricted, extinguished or released, or by which a person acknowledges legal liability. Section 2(31) of the BNS.
- WomanUnder Section 2(35) of the BNS, a female human being of any age. Other statutes, such as labour and ART laws, adopt narrower meanings for their own purposes.
- Aggrieved personUnder Section 2(a) of the Domestic Violence Act, 2005, any woman who is, or has been, in a domestic relationship with the respondent and alleges that the respondent subjected her to domestic violence.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.