Theme: Dowry

In case the validity of my marriage is in question, and there are demands from your spouse or spouse’s family for dowry, can I still complain to the authorities?

In a scenario where the validity of your marriage is still in question, you can still complain to the authorities if there are demands from your spouse or spouse’s family. A husband not only covers a person legally married to you but also someone who enters a marital relationship by feigning his status as a husband. If this person is cruel or coerces a person in any manner to give dowry, then the wife can complain against him to the authorities.

How is dowry different from gifts given during weddings, from one side to another?

The crucial difference between dowry and a wedding gift is that gifts are given out of one’s own free will, there is no coercion or pressure. The main condition for something to be seen as dowry is that it must be given as a condition for marriage. So any gift that is given, whether it’s property, money, or anything else of value, would be considered as dowry, if it’s given as a condition for marriage. Customary gifts exchanged in accordance with prevailing practice and custom are not considered dowry.

If a case for dowry harassment is made against all the members of the husband’s family, even though demand was made by just one person, then are they all liable?

It depends on who has made the demand for, and is harassing the bride for dowry. If the family members can prove that they were not involved in any kind of harassment and never demanded dowry, they shall not be held liable. Therefore, it depends on who is liable and how. In case the demand was made by one person, say the husband, or the father-in-law, then the other family members will not be prosecuted. However, the burden of proof for showing that demand was not made by the whole family, remains on the family which has been accused.

Can a case of dowry be filed after divorce?

No. Courts have ruled that since the law refers specifically to the husband and his relatives, and once you are divorced that person is no longer your husband, a case of dowry cannot be filed.

Can a complaint of dowry be filed before the marriage?

Yes. The law clearly states that dowry is something that can be given at, before, or any time after the marriage. Therefore, if someone has demanded you to pay dowry before the wedding, it is still a crime, and a complaint can be filed.

Are there any special punishments for death as a result of dowry demands?

There is a specific provision in the Indian Penal Code, S. 304B which deals with Dowry death. This section makes it easier to prove dowry death as against other death-related offences. This is because it shifts the burden of proof on an accused (normally the burden of proof is on the prosecution or the complainant). As long as the prosecutor proves the case, the court will deem that the person has accused committed the offence.

The burden of proof only shifts once the prosecution can show certain things. These are:

  • The death of the woman was caused by burns or injuries which are not like ordinary course burns and injuries.
  • The victim was a married woman and she died within 7 years of her marriage.
  • The victim suffered ‘cruelty or harassment’ because of demands for dowry. So there must be some connection between the death and demands for dowry.

Once all this is shown by the prosecutor, the court will deem that the accused has committed the offence. Now, the accused must prove that she or he did not commit the offence. The burden of proof shifts onto the accused. You can be punished with jail time of up to 7 years or more (including jail for life).

Can you also file a case under the domestic violence law for dowry harassment?

Yes, depending on the type of harassment faced, whether verbal or physical, it would qualify as domestic violence under the Protection of Women from Domestic Violence Act 2005. The act provides immediate relief from any kind of harassment faced. The definition of domestic violence given in the law is very wide and covers a broad range of behaviours and instances, including harassment and harm arising from an unlawful demand for dowry.(( Section 3(b), The Protection of Women from Domestic Violence Act.))

What is Dowry?

Dowry is anything which has value (such as cash and property) which is given by the bride’s family to the groom’s family as a condition of marriage.(( Section 2, Dowry Prohibition Act, 1961.))

The law does not stop the exchange of gifts with the fiance’s family during the wedding. The purpose of this law is to prohibit coercion during the gift exchange.

Gifts from the bride’s side should be according to custom and as per financial capacity of her family. For example, in marriages in certain societies, sarees and jewellery are given to women relatives of both the bride and groom, by the other side. This is done as per custom and therefore would not be considered as dowry. There may be other customs of giving certain gifts.

However, it is important to note that the groom’s family cannot force a bride to give the gifts per the custom as this would be demanding dowry. Generally, gifts given should be of a value which do not create an extraordinary financial burden to the person giving them.(( Provision to Section 3, Dowry Prohibition Act, 1961)) For example, if the bride’s father has to take a loan of a significant amount to buy gifts for the groom’s side, then it cannot be said that the gift has been given as per financial capacity of the person. This could be a case of an excessive financial burden on him and could be seen as a case of dowry.

Exchange/Giving or Taking Dowry

This post is also available in: हिन्दी (Hindi)

Any person who:

  • gives or
  • takes dowry, and
  • anyone who helps in the exchange of dowry.

can be punished under the law.

For Example

Raj(groom) and Simran(bride) are getting married. Simran’s father, Amrish gives Rs. 10 lakh and a car as dowry to Raj’s father Anupam.

Scenario 1: When the broker is involved: If the exchange is facilitated through Yash, who is a broker, and Amrish files a complaint, then both Anupam and Yash can be punished under this law.

Scenario 2: When the groom is involved: If Raj is involved in the discussions of demanding dowry, then he will also be prosecuted if a complaint if filed.

Scenario 3: When the complaint is made by someone else: In case the complaint is made by someone else, or it comes to the knowledge of the authorities that an exchange of dowry has taken place, then all three parties i.e. Anupam, Yash and Amrish can be punished. If Raj was also involved in the discussions, then he can also be punished.

The punishment can be jail time for a minimum of 5 years. If the amount is below 15,000 then the fine will be Rs. 15,000. However, if the fine is more than Rs. 15,000 then the fine is equal to the amount of dowry exchanged. For example, if the dowry amount is 30,00,000, then the fine will be Rs. 30,00,000.

Complaining about a Demand for Dowry

There is no time limit on when you can file a complaint under this law. You can file a complaint of dowry anytime after marriage. However, you cannot file a complaint after a divorce.

The practice of giving, taking, demanding and advertising dowry is illegal. In case you have had to pay dowry at the time of your wedding, or someone from your family has paid on your behalf, or you personally know of someone who has had to pay dowry as a condition for marriage, any of the following options are available to you:

  • Complaint at the local police station by filing an FIR.
  • Complain to the Dowry Prohibition Officer in your district.
  • Write to the appropriate judicial authority for your case (Metropolitan Magistrate or Judicial Magistrate First Class).
  • Another option is to approach any social welfare institution or recognized welfare organization recognized by the Government and process your complaint through them.

In case you have been coerced into paying dowry, you can still file a complaint against the offenders.

If you were forced to pay dowry and you complained to the police charges of the offence of dowry will not be brought against you.

Women’s Right to Take Possession of the Dowry

If dowry has been given or taken at or after your wedding and the same is received by your husband or in-laws or any other person, they have to hand it over to you as it is your property.

You have a right to any property given as dowry to your husband and his family.

There is a duty on a person who receives the dowry, to hand it over to the bride itself.

If you fail to do so, you can be punished with jail time anywhere between 6 months to two years and/or fine between Rs. 5,000 and Rs. 10,000.

There are different guidelines on this based on when the property was received by your husband or in-laws.

For Example, Raj and Simran get married on August 20th. Simran’s father has given a new house as dowry to Raj’s uncle, Aman in connection with the marriage. In this case, Aman must give it to Simran otherwise he will be punished under the law.

  • If the property was received before the wedding, then Aman must give it to Simran within 3 months of the wedding (before 20th November)
  • If the property was received on the day of the wedding or after, then Aman must give it to Simran within 3 months from the date on which he received it.
  • If Simran was below 18 at the time of her wedding, then Aman must give the car to Simran within 3 months of her turning 18. Aman must keep it in trust for her till she turns 18.

If you die before taking possession of the dowry/property, then your heirs can claim it from your husband or in-laws.

If you die within 7 years of the marriage, then the property will be transferred to your children. It will be held in trust for them until they are 18. If you have no children, the property will go to your parents.

Ban on Advertising for Dowry

This post is also available in: हिन्दी (Hindi)

It is illegal to advertise dowry in any newspaper, periodical, journal or any other media, the offer of any money, share in a business or property as dowry in return for marrying your son, daughter or relative.

Anyone who prints, publishes or circulates such an advertisement is committing a crime will also be punished with the same punishment.

The punishment for both the person advertising and the person who prints or publishes the advertisement is jail time between 6 months and 5 years, or fine upto Rs. 15,000.

Maintaining A List Of Gifts During Marriage

This post is also available in: हिन्दी (Hindi)

Giving gifts or presents by either the bride or groom at the wedding is not punishable when it has been done voluntarily.

Bride: When such presents are made by or on behalf of the bride or any person related to the bride, such presents should be of a customary nature. The value of the gifts should not be excessive. If it is excessive, and there is an element of coercion, it will be dowry. This will be decided based on the financial status of the person by whom, or on whose behalf, such presents are given.

Groom: The groom can give any type of present not restricted by custom.

It is necessary for both, the bride and groom, to make separate lists of the gifts they received at the time of the marriage from any person with the following details in it:

  • A brief description of the present
  • Approximate value of the present
  • Name of the person who gave the present
  • Relationship of the person giving the present to either the bride or the groom, as the case may be. This list may include all relatives who give gifts to the bride or bridegroom.

There is no punishment for not making this list. However, the law does prescribe that the list should be made. This is because it will be assumed that you have not taken dowry if you have made a list of presents received at the time of the marriage.

Proving a Dowry-Related Crime

This post is also available in: हिन्दी (Hindi)

Usually, in criminal law it is upon the person making the complaint to prove that the person they are accusing has committed the crime.

But in cases of dowry the person against whom there is a complaint has to prove that they are innocent.

For Example, if Simran makes a complaint that Raj has asked her family for dowry, then Raj has to prove that he has not asked for dowry.

Cruelty and Deaths from Dowry Demands

This post is also available in: हिन्दी (Hindi)

Indian law criminalises the actions of cruelty and death resulting from dowry demands. This is known as dowry death. If the death of the wife was because of harassment for dowry demands, the husband and the in-laws of the woman can be punished.

In cases of cruelty and harassment, you can approach the police station and report this crime by filing an FIR.

If convicted, the husband and her in-laws will be punished with jail time between 7 years and life imprisonment.

Guidelines for Arrests in Cruelty and Dowry Cases

To prevent arrests from frivolous cases and misuse of the law on cruelty and dowry cases, the Supreme Court of India has issued certain guidelines for the police to follow while investigating cases of cruelty. This was later issued as an advisory circular by the Ministry of Home Affairs.

Police

  • The police should not arrest the husband or the relatives automatically when a case of cruelty is filed.
  • They need to have satisfactory reasons for the arrest without a warrant.
  • All police officers need to be provided with a checklist containing specific procedures to be followed. Police should forward duly filled check list with reasons and materials which necessitated the arrest to Magistrate while producing the accused for further detention.
  • The decision of the police not to arrest a person accused of cruelty should be forwarded to the Magistrate within two weeks from the date of the filing of the case against the person.
  • Police officers who fail to comply with these directions will be liable for departmental action and will also be punished for contempt of court by the High Court.

Magistrate

  • The Magistrate must authorise the detention of the accused person only after he has read the reasons of the arrest in the police report and is satisfied that such reasons are valid.
  • If the concerned judicial magistrate authorises detention without recording reasons as mentioned above, they shall be liable for departmental action by the appropriate High Court.