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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:
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A complaint may be filed in the court of the Metropolitan Magistrate or the Magistrate of the first class by the following
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The person aggrieved of the offence
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A parent or
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Other relation of such person or
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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)
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The Metropolitan Magistrate or the Magistrate of the first class may take cognizance himself if such facts come to his own knowledge.
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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)
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for the purpose of investigation of such offences.
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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.
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To ensure the compliance of the Act.
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To prevent the taking or demanding of dowry.
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To collect evidence necessary for the prosecution of persons committing offence under the Act.
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To perform additional functions as may be assigned to him by the State Govt. |
