Describe the various important provisions in Dowry Prohibition Act, 1961.
THE DOWRY PROHIBITION ACT, 1961, (Act No. 28 of 1961)
An Act to disallow the giving or taking of endowment
Be it authorized by Parliament in the Twelfth Year of the Republic of India as takes after:
Short title, degree and initiation.
(1) This Act might be known as the Dowry Prohibition Act, 1961. It reaches out to the entire of India aside from the State of Jammu and Kashmir. It might come into constrain on such date as the Central Government may, by warning in the official Gazette, select.
Meaning of `dowry’.
In this demonstration, `dowry’ implies any property or profitable security given or consented to be given either straightforwardly or by implication:
by one gathering to a marriage to the next gathering to the marriage; or
by the guardians of either gathering to a marriage or by some other individual, to either gathering to the marriage or to some other person;at or earlier or whenever after the marriage regarding the marriage of said parties however does exclude dower or mahr on account of people to whom the Muslim Personal Law (Shariat) applies.
Clarification II.- The articulation `valuable security’ has an indistinguishable significance from in Sec. 30 of the Indian Penal Code (45 of 1860).
Punishment for giving or taking share.-
(1) If any individual, after the initiation of this Act, gives or takes or abets the giving or taking of settlement, he should be culpable with detainment for a term which might not be under five years, and with the fine which should not be under fifteen thousand rupees or the measure of the estimation of such endowment, whichever is more:
Given that the Court may, for sufficient and uncommon motivations to be recorded in the judgment, force a sentence of detainment for a term of under five years.
* Explanation I precluded by Sec.2 w.e.f second October, 1985
(2)Nothing in sub-area (1) should apply to or, in connection to,-
presents which are given at the season of a marriage to the lady of the hour (without nay request having been made for that benefit):
Given that such displays are entered in list kept up as per run made under this Act;
presents which are given at the season of marriage to the groom (with no request having been made for that sake):
Given that such shows are entered in a rundown kept up as per rules made under this Act;
Given further that where such exhibits are made by or for the benefit of the lady or any individual identified with the lady of the hour, such introduces are of a standard sort and the esteem thereof is not unnecessary having respect to the monetary status of the individual by whom, or on whose sake, such displays are given.
Punishment for requesting share.-
(1)If any individual requests specifically or by implication, from the guardians or different relatives or gatekeeper of a lady of the hour or spouse all things considered, any settlement, he should be culpable with detainment for a term which might not be under a half year but rather which may stretch out to two years and with fine which may reach out to ten thousand rupees:
Given that the Court may, for sufficient and exceptional motivations to be said in the judgment, force a sentence of detainment for a term of under a half year.
4-A. Restriction on notice. On the off chance that any individual
offers, through any notice in any daily paper, periodical, diary or through whatever other media any offer in his property or of any cash or both as an offer in any business or other enthusiasm as thought for the marriage of his child or little girl or some other relative,
prints or distributes or flows any ad alluded to Cl. (a), he should be culpable with detainment for a term which might not be under a half year, but rather which may reach out to five years , or with fine which may stretch out to fifteen thousand rupees:
Given that the Court may, for satisfactory and exceptional motivations to be recorded in the judgment, force a sentence of detainment for a term of under a half year.
Understanding for giving or taking share to be void: Any assention for the giving or taking of endowment might be void.
Settlement to be for the advantage of the spouse or beneficiaries.
(1) Where any share is gotten by any individual other than the lady regarding whose marriage it is given, that individual should exchange it to the lady –
in the event that the share was gotten before marriage, inside three months after the date of marriage; or
in the event that the settlement was gotten at the season of or after the marriage inside three months after the date of its receipt; or
in the event that the share was gotten when the lady was a minor, inside three months after she has achieved the age of eighteen years, and pending such exchange, might hold it in trust for the advantage of the lady.
(2) If any individual neglects to exchange any property as required by sub-segment (1) inside as far as possible determined therefor or as required by sub-section(3), he should be culpable with detainment for a term which might not be under a half year, but rather which may broaden two years or with fine which might not be under five thousand rupees, but rather which may reach out to ten thousand rupees or with both.
(3)Where the lady qualified for any property under sub-segment (1) bites the dust before accepting it, the beneficiaries of the lady should be qualified for guarantee it from the individual holding it for the present:
in the event that she has no kids, be exchanged to her folks, or
in the event that she has kids, be exchanged to such youngsters and pending such exchange, be held in trust for such kids.
(3-A) Where a man indicted under sub-segment (2) for inability to exchange any property as required by sub-area (1)or sub-segment (3) has not, before his conviction under that sub-segment, exchanged such property to the ladies entitled thereto or, by and large, her beneficiaries, guardians or kids, the Court might, notwithstanding granting discipline under that sub-segment, coordinate, by arrange in composing, that such individual should exchange the property to such lady, or all things considered, her beneficiaries, guardians or youngsters inside such period as might be indicated in the request, and if such individual neglects to consent to the course inside the period so determined, a sum equivalent to the estimation of the property might be recouped from him as though it were a fine forced by such Court and paid to such lady, by and large, her beneficiaries, guardians or kids.
(4)Nothing contained in this area should influence arrangements of Sec. 3 or Sec. 4.
Cognisance of offenses.-
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2of 1974),- no Court mediocre compared to that of a Metropolitan judge or a Judicial Magistrate of the top notch should attempt any offense under this Act; no Court might take perception of an offense under this Act with the exception of upon –
its own particular information or a police report of the actualities which constitute such offense, or
an objection by the individual oppressed by offense or a parent or other relative of such individual, or by any perceived welfare foundation or association:
Clarification.- For the motivations behind this sub-segment, “perceived welfare foundation or association” implies a social welfare establishment or association perceived for this sake by the Central or State Government.
(2) Nothing in Chapter XXXVI of the Code of Criminal Procedure, 1973 (2of 1974), should apply to any offense culpable under this Act.)
Despite anything contained in any law for the present in compel, an announcement made by the individual wronged by the offense should not subject such individual to an arraignment under this Act.
Offenses to be congnizable for specific purposes and to be bailable and non-compoundable.
(1) The Code of Criminal Procedure, 1973 (2 of 1974) should apply to offenses under this Act as of they were cognizable offenses-
with the end goal of examination of such offenses; and
with the end goal of issues other than-
matters alluded to in Sec. 42 of that Code, and
the capture of individual without a warrant or without a request of a Magistrate.
(2) Every offense under this Act might be non-bailable and non-compoundable.
8-A. Weight of verification in specific cases: Where any individual is arraigned for taking or abetting the taking of any settlement under Sec. 3, or the requesting of settlement under Sec.4, the weight of demonstrating that he had not submitted an offense under those areas should be on him.
8-B. Settlement Prohibition Officers:
(1) The State Government may select the same number of Dowry Prohibition Officers as it supposes fit and indicate the ranges in regard of which they might practice their purview and powers under this Act.
(2) Every Dowry Prohibition Officer might practice and play out the accompanying forces and capacities, in particular, –
to see that the arrangements of this Act are conformed to;
to forestall, beyond what many would consider possible, the taking or abetting the taking of, of the requesting of, endowment;
to gather such confirmation as might be vital for the indictment of people submitting offenses under the Act; and
to perform such extra capacities as might be appointed to him by the State Government, or as might be indicated in the standards made under this Act.
(3) The State Government may, by warning in the official Gazette, give such powers of a cop as might be indicated in the notice, the Dowry Prohibition Officer who should exercise such powers subject to such confinements and conditions as might be determined by rules made under this Act.
(4) The State Government may, with the end goal of prompting and helping the Dowry Prohibition Officers in the proficient execution of their capacities under this Act, choose a consultative board comprising of not more than five social welfare specialists (out of whom no less than two should be ladies) from the territory in regard of which such Dowry Prohibition Officer practices purview under sub-segment (1).
Energy to make rules:
(1) The Central Government may, by notice in the authority Gazettee, make discounts for conveying the reasons for this Act.
(2) specifically, and without partiality to the sweeping statement of the previous power, such principles may accommodate
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