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Giving,
taking and demanding dowry is a criminal offence under the Dowry
Protection Act and the Indian Penal Code. Under the Dowry Prohibition
Act only Metropolitan Magistrate or the Magistrate of the first
class is competent to try these offences
A
Complaint may be made in the following manner:
A complaint may be filed in the court of the Metropolitan Magistrate
or the Magistrate of the first class by the following
The person aggrieved of the offence
A parent or
Other relation of such person or
By a recognised welfare institute or organisation
A complaint may be filed by the above mentioned persons in the
police station or in the crime against women Cell who then make
an investigation in the matter and report the facts to court
which then takes cognizance of the matter. (Cognizance means
notice or knowledge upon which a judge is bound to act)
The Metropolitan Magistrate or the Magistrate of the first class
may take cognizance himself if such facts come to his own knowledge.
A complaint may be filed under the Indian Penal Code for cruelty
by husband or relatives of husband.
The
Code of Criminal Procedure shall apply to offences under the Dowry
Prevention Act as if they were cognizable offences (cognizable offence
is one in which a police officer may arrest without warrant)
for the purpose of investigation of such offences.
arrest of a person without a warrant or without order of a magistrate.
Every
offence under this Act is a non bailable and non compoundable offence
(that which cannot be compromised or settled out of court, between
the complainant and the accused, at any stage of the trial)
BURDEN
OF PROOF
Where
any person is prosecuted for taking or abetting the taking of any
dowry or the demanding of dowry, the burden of proving that he has
not committed an offence shall be on him. (One of the principles
of the Indian Criminal Law is that a person is innocent until proven
guilty and the onus of proving the guilt is on the complainant /
prosecutor. This onus has been shifted in certain specific offences
such as Dowry, Rape, etc.).
PENALTY
FOR TAKING OR GIVING DOWRY
The
giving, taking or even abetting to give or take dowry amounts to
an offence punishable with imprisonment for not less than 5 years
and with fine which shall not be less than RS. 15,000 (Fifteen thousand)
or the amount of value of the dowry, which ever is more.
PENALTY
FOR DEMANDING DOWRY
If
any person demands directly or indirectly, from the parents or other
relatives of a bride or bridegroom, as the case may be, any dowry,
he shall be punishable with an 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 RS. 10,000 (ten thousand)
LIMITATION
There
is no period of Limitation for filing a complaint under the Dowry
Protection Act. For example: If a person was harassed for dowry
in the year 1996 she can file a complaint in the year 2001 or even
later as for prosecution under the Act bar of limitation has been
removed.
DOWRY
PROHIBITION OFFICERS
The
Act also empowers the State Government to appoint Dowry prohibition
officers and they have the following powers and functions.
To ensure the compliance of the Act.
To prevent the taking or demanding of dowry.
To collect evidence necessary for the prosecution of persons
committing offence under the Act.
To perform additional functions as may be assigned to him by
the State Govt.
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