The Dowry Prohibition Act, 1961

Act No. 28

20-May-1961

Section 1 — Short title, extent and commencement

1. Short title, extent and commencement .

(1)This Act may be called the Dowry Prohibition Act,

Section 1961 — (2) It extends to the whole of India 1***.

1961.

(2)It extends to the whole of India 1***.

(3)It shall come into force on such date2as the Central Government may, by notification in the Official Gazette, appoint.

Section 2 — Definition of “dowry”

2. Definition of “dowry”.-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 parent s of either party to a marriage or by any other person, to either par ty to the marriage or to any other person ; at or before3[or any time after the marriage]4[in connection with the marriage of the said parties, but does not include] dower or mahr in the case of persons to whom the Muslim Personal Law ( Shariat ) applies. 5* * * * * Explanation II.-The expression “valuable security ” has the same meaning as in section 30 of the Indian Penal Code (45 of 1860). STATE AMENDMENT Haryana For section 2, 3 and 4 of the Dowry Prohibition Act, 1961 (hereinafter referred to as the principal Act), the following sections shall be substituted namely: -- “2. Definitions .---In this Act, unless the context otherwise requires. -

(i)“dowry” means any pr operty 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; at or before or after the marriage as consideration for the marriage of the said parties, but does not include dower o f mahr in the case of person to whom the Muslim Personal Law (Shariat) applies. Explanation I. -For the remo val of doubts it is hereby declared that any presents made at the time of a marriage to either party to the marriage in the form of cash, ornaments, clothes or other

Section 2 — 1st July, 1961, vide notification No. S.O. 1410, dated 20th June, 1961, see Gazette of India, Extraordinary, Part II, sec. 3( ii).

2. 1st July, 1961, vide notification No. S.O. 1410, dated 20th June, 1961, see Gazette of India, Extraordinary, Part II, sec. 3( ii).

Section 5 — The Explanation I omitted by s. 2, ibid. (w.e.f. 2 -10-1985).

5. The Explanation I omitted by s. 2, ibid. (w.e.f. 2 -10-1985). 3 articles, shall not be deemed to be dowry within the meaning of this section, unless they are made as consideration for the marriage o the said parties. Explanatio n II.-The expression “valuable security” has the same meaning as in section 30 of the Indian Penal Code (45 of 1860);

(i)“marriage expenses” shall includes expenses incureed directly or indirectly at or before the marriage on -