Theme: Dowry

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.

Cases of Dowry Death

When the death of a woman within 7 years of her marriage was unnatural, i.e. caused by burns or injuries which are not ordinary and she had also suffered from cruelty or harassment because of demands for dowry, it is assumed that the husband or the relatives of the husband committed the crime of cruelty.

Death by suicide is also considered as a form of unnatural death.

If the above facts exist then the court will assume that the accused has committed the offence. The accused will then have to prove that she or he did not commit the offence.

The punishment for this crime is jail time up to 3 years along with a fine